DRAFT FINAL REPORT - Roads and Highways Department

Government of the People’s Republic of Bangladesh
Dhaka Transport Coordination Board (DTCB)
Clean Air and Sustainable Environment (CASE) Project
DRAFT FINAL REPORT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
June 2011
Consultants Team
Abdul Alam Bhuiyan - Lead Consultant
M Abdur Rab
Barrister A K Rashedul Huq
Justice A K Badrul Huq (Peer Reviewer)

June 30, 2011
Abdul Alam Bhuiyan
Consultant
Regulatory and Institutional Component
&
Director
DevConsultants Limited
House no 04, Road 13
Baridhara, Dhaka
Project Director
Clean Air and Sustainable Environment (CASE) Project
Dhaka Transport Coordination Board (DTCB)
Nagar Bhaban, Level 12
Dhaka 1000
Subject:
Regulatory and Institutional Consultant: Review and updating of the Motor Vehicle
Ordinance 1983 and Proposed Road Transport and Traffic Act – Draft Final
Report.
___________________________________________________________________
Dear Sir,
Please find attached the Draft Final Report of the Proposed Road Transport and Traffic Act 2011 with
section by section comparison with the Motor Vehicle Ordinance 1983 for your perusal and
necessary action.
It may be requested that stakeholder comments on the draft may kindly be solicited so that the
stakeholder’s workshop can be held and the draft finalized.
Thanking you
Yours Sincerely
Abdul Alam Bhuiyan
Consultant
CC
1. Executive Director, DTCB
2. Chairman, BRTA
3. Additional Executive Director, P&T, DTCB

DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
TABLE OF CONTENTS
EXECUTIVE SUMMARY …………………………………………………………………………………………………………..Ex-1
OVERVIEW BY CHAPTERS ……………………………………………………………………………………………………..Ov-1
ANNEXURE : RESEARCH ON QUANTUM OF PUNISHMENT FOR TRAFFIC RELATED
VIOLATIONS…………………………………………………………………………………………………………………………. Ax-1
CHAPTER I : PRELIMINARY…………………………………………………………………………………………………………. 1
CHAPTER II : ROAD TRANSPORT ADMINISTRATION…………………………………………. …………………..31
CHAPTER III : LICENSING OF DRIVERS OF MOTOR VEHICLES……………………………………………….62
CHAPTER IV: LICENSING OF WORKERS………………………………………………………………. ……………...104
CHAPTER V : AUTHORIZATION TO OWN MOTOR VEHICLES ………………………………………………..111
CHAPTER VI : REGISTRATION OF MOTOR VEHICLES …………………………………………………………..119
CHAPTER VII : PERMIT FOR TRANSPORT VEHICLES …………………………………………………………….150
CHAPTER VIII : OPERATION OF PUBLIC TRANSPORT SERVICES …………………………………………194
CHAPTER IX : CONSTRUCTION AND OPERATION OF TERMINALS ………………………………………217
CHAPTER X : CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES ……227
CHAPTER XI : MANUFACTURER, ASSEMBLER AND DEALERS ………………………………………………235
CHAPTER XII : USE OF ROADS AND HIGHWAYS ………………………………………………………………….243
CHAPTER XIII : CONTROL OF TRAFFIC ………………………………………………………………………………….282
CHAPTER XIV : PEDESTRIANS AND NON-MOTORIZED VEHICLES ……………………………………..315
CHAPTER XV : ROAD SAFETY INSTITUTIONS AND PROCEDURES ………………………………………327
CHAPTER XVI : TAXES ON MOTOR VEHICLES ……………………………………………………………………...333
CHAPTER XVII : ANTI AUTO-CRIME MEASURES …………………………………………………………………351
CHAPTER XVIII : MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING BANGLADESH ..359
CHAPTER XIX : INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS …………….362
CHAPTER XX : PLANNING AND CO-ORDINATION ………………………………………………………………..399
CHAPTER XXI : OFFENCE AND PENALTY PROCEDURES ………………………………………………………405
CHAPTER XXII : MISCELLANEOUS …….…………………………………………………………………………………..434
THE SCHEDULE ………………………………… …………………………………………………………………………………..437
ToC-i

EXECUTIVE SUMMARY

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
Henry Ford for the first time commercialised and mass produced motor vehicles in 1908. British India, within
next six years enacted its first Motor Vehicles Act in 1914. Within next 25 years it was felt that the Act has
become obsolete and redundant; therefore, it was replaced by a new Act, the Motor Vehicle Act, 1939. In
about last 70 years the Motor Vehicles Act of 1939 has changed its name three times, East Pakistan Motor
Vehicles Act 1939 (1947), The Motor Vehicles Act, 1939 (1972) and Motor Vehicles Ordinance 1983 (MVO
1983). Except for some insignificant changes, the structure and the contents of the Motor Vehicles Act 1939
are the current motor vehicle laws of Bangladesh.
Laws are framed with the objective to regulate some form of activities, which in most cases are time sensitive.
A motor vehicle of today and 70 years back are not same, similarly technology for motor vehicles,
administration and operation are not same. Computers, the backbone of today’s motor vehicle administration
and operation was part of science fiction 70 years ago.
The law to regulate motor vehicles may be obsolete and redundant but for that inadequacy the development
of the technology and operation cannot wait, and did not wait. Modern vehicles kept on entering the market
with newer technology and fuel source, the operation of public transport vehicles has changed, administration
and regulation of transport sector is being done with new tools, standards and procedures and the roads
user’s patterns have most radically changed. The new changes to the sector, in most cases, are not covered
by the current law. As such, most of the changes are either outside of the purview of the law or backed by
executive orders.
Over the period of time, the effectiveness of the law has eroded and if the current situation continues the
present law, MVO 1983, will have no relevance to the sector it is intended to regulate. With the above
narrated backdrop the work of updating the MVO 1983 has been taken in hand.
Consultancy to update the MVO is awarded to an individual consultant under the World Bank funded Clean
Air and Sustainable Environment (CASE) Project. Though the contractual obligation is to a consultant, a team
of four experts, a retired Judge of the Supreme Court, a barrister, a transport and legal expert, and the lead
consultant has worked with the full financial, administrative and secretarial support of DevConsultants Limited
for last 14 months to prepare this draft.
In the Kick Off meeting of the consultancy it was observed that the structure and contents of the MVO 1983 is
so obsolete and redundant that it is a better option to prepare a new law by the name of Road Transport and
Traffic Act encompassing all road users instead of updating the MVO 1983. While preparing the provisions of
the RTTA, it has been kept in mind that the law cannot be changed very often; therefore, provisions of the law
have to be such that it should be able to address the present and foreseeable future road traffic regulation
needs. At the same time provision has been kept in the law to keep in abeyance, if the Government so
desires, laws which are considered appropriate for subsequent application.
The MVO 1983 has 12 chapters, 183 sections and 12 schedules, while the proposed RTTA has 22 Chapters,
370 sections and one schedule. The number of chapters and sections has increased to address new issues
while the number of schedules has dramatically reduced due to the fact that the schedules in most cases
pertained to forms and procedures, which needs frequent changes, have been taken out of the MV law and
will be addressed under the Rules / Regulations making powers.
The methodology adopted for carrying out the study was: identification of the issues of each chapter,
consultation of similar laws of the sub continent, regional countries like Malaysia and Singapore and UK and
Australia to find out the legal provisions of similar issues in those laws. In addition discussion was conducted
between the client, BRTA and the consultants. Interim reports were submitted as the work progressed.
The chapter on the Bangladesh Road Transport Authority (BRTA) has been changed to Road Transport
Administration to give the law greater application. BRTA is both a regulatory body and a service provider. It
provides services in the form of issuance of motor vehicle license, registration of motor vehicles, issuance of
vehicle fitness certificate and issue of permits etc. The road transport sector is growing at the rate of about
10% per annum; service demand is also growing at the same rhythm. Organizationally it is not possible for
BRTA to grow at the same pace. Therefore, in the new law provision has been kept to outsource the services
with regulatory oversight of BRTA.
Provisions for licensing of drivers have been updated and fine tuned and has been brought in line with other
modern laws. Classification of vehicles with license requirement for every class has been redefined.
Provisions for bilateral / multilateral recognition of driver’s license have been included to address the future
needs of the drivers transiting through Bangladesh. MVO 1983 had restricted itself to licensing the conductors
Ex-1

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
EXECUTIVE SUMMARY
of the public service vehicles; the proposed new law includes licensing of all transport workers including
helpers etc.
The registration laws of motor vehicles have been modernized in line with other modern laws. Provisions have
been made to ensure that vehicles imported or locally made comply with the construction, weight, equipment
and emission standards and are fit for registration and use. In addition, to restrict the uncontrolled growth of
motor vehicles provisions have been made for mandatory obtaining of authorization certificate from the
Government prior to possessing a motor vehicle.
Public transport operation has gone through radical changes and new and modern methods of public
transport operation are order of the day. Provisions have been made to bring the public transport operation
under competitive bidding and franchising. The provisions address the needs of individual vehicle operator,
bus route franchises and Bus Rapid Transit (BRT) and taxi services. The issue of construction and license to
operate terminals is also provided in the RTTA to facilitate private sector involvement in transport
infrastructure development, operation and management.
Manufacture and import of contraptions as motor vehicles is common in Bangladesh. Provisions have been
made to ensure that every vehicle type is, proto-type approved, before being marketed. Provisions have also
been made to regulate sale of parts, equipment and vehicle testing stations. Provisions have also been made
in the RTTA to ensure manufacturers, assemblers and dealers obligations and buyers privileges.
Provisions have been made to provide legal backing for the preparation and use of the Highway Code and the
Traffic Sign Manual. Besides, elaborate legal provisions have been made to control the traffic on the highway
to ensure efficient and smooth flow of traffic.
Currently the MVO 1983 has no provisions to regulate pedestrians and non motorized transports. RTTA
provides the necessary regulatory provisions to cover all road users. In addition RTTA empowers the local
government organizations to prepare and enforce by laws on these subjects.
The road safety institutions like Road Safety Councils and Committees have been provided legal coverage
under the RTTA with additional empowerment. Provisions also provide some specific obligations of driver with
regard to road accidents and accident investigation has been made a requirement under the RTTA.
Provisions have also been made for mandatory use of helmets and seat belts while use of mobile telephone
and ear plugs has been barred.
The Motor Vehicles Tax Act 1932, which was an independent law has been modified, modernized and
included in the RTTA. Insurance against third party risks is a universally acknowledged practice, the
provisions on the subject in RTTA is outcome of extensive research on the subject. Auto crime has already
assumed horrifying proportion; the subject has been addressed in the RTTA.
The road transport and traffic system over a period of time has assumed a monumental importance in the
economic welfare of the country; an unplanned growth of the sector may ultimately lead to a disaster for the
sector. The root cause for lack of proper planning can be attributed to currently attaching the planning
responsibilities to the regulatory and executive agencies as an appendix to their core functions without due
importance. Provisions for a planning and research organization like Transport Research Laboratory (TRL),
UK or Central Road Transport Institute (CIRT) of India has been provided in the RTTA. Twining arrangement
with some reputed similar institution will take forward the proposed Institute of Road Transport of Bangladesh.
The consultants have conducted extensive research on the quantum of punishment for traffic related offences,
attached as annexure to this report. Recommended quantum of punishment in the RTTA is the outcome of
that research. The penal provision (fines) in the MVO 1983, which has become irrelevant with time, has been
translated into punishment units with a value assigned in Taka. In future it will become very easy to make the
fines appropriate by enacting the changed punishment unit value by Gazette notification by the Government.
The Draft presented here has tried to address the regulatory requirements of road transports and traffic in the
current environment prevailing in Bangladesh. It is expected that extensive stakeholder and public feedback
and consultation will be solicited to enrich the draft.
Ex-2

OVERVIEW BY CHAPTERS

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
OVERVIEW BY CHAPTERS
1. INTRODUCTION
1.1 This consultancy service is being provided to Dhaka Transport Coordination Board (DTCB), Ministry
of Communications under the World Bank funded Clean Air and Sustainable Environment (CASE) 1
Project. The regulatory and institutional consultancy is part of the transport component of the CASE
Project, which is being implemented by DTCB.
1.2 The consultant’s services are broadly focused on:
• Review and recommend changes to the functions, organization and to the Act of DTCB to convert
the organization to Mass Transit Authority;
• Review and recommend changes to the Motor Vehicle Ordinance 1983;
• Review and recommend changes to the Motor Vehicle Rules 1940 and 1984
• Review and recommend changes t o Tax Act of 1932 and MV Tax Rules 1966;
• Prepare Guidelines on Traffic Impact Studies for new developments. In addition, to prepare
regulation that will mandate new developments to obtain clearance from DTCB obligatory.
2. REVIEW AND RECOMMEND CHANGES TO THE MOTOR VEHICLE ORDINANCE 1983
The consultants have discussed the issues of the study with the client, the concerned official of the
World Bank and officials of the Bangladesh Road Transport Authority. In addition a Kick Off meeting
for the consultancy was held in DTCB on April 11, 2010 under the chairmanship of the Executive
Director, DTCB attended by the Chairman BRTA and officials from both the organizations. Due to the
urgency attached by the Government to the updating of the MVO 1983, the consultant was requested
to work on the updating of the MVO 1983 first and revise the contractual work plan accordingly. In
addition it was also decided in the Kick Off meeting that it will be more appropriate to replace the
Motor Vehicle Ordinance 1983 with a new law by the name of Road Transport and Traffic Act (RTTA)
to encompass the changes needed to include all road users and also modernize the current grossly
redundant and inadequate Motor Vehicles Ordinance 1983.
2.1 BACKGROUND ON THE MOTOR VEHICLE ORDINANCE
In the undivided India the Motor Vehicle Act was revised and freshly enacted in 1939 repealing the MV
Act of 1914. After partition of India, legislation on motor vehicles being a provincial responsibility, the
Motor Vehicle Act of 1939 became the East Pakistan Motor Vehicle Act. After the independence of
Bangladesh the act was again renamed as the Motor Vehicles Act, 1939. The changes to the MV Act
1939 till date are as follows:
• During the Pakistan period, the Motor Vehicle Act of 1939 underwent some minor changes
pertaining to penal provisions.
• In 1976, Government constituted an inter-ministerial committee to review the MV Act 1939. The
then inter ministerial committee suggested some amendments to the MV Act 1939 and submitted
its report in 1978.
• In 1983, taking into consideration the recommendations of the committee, Government repealed
the MV Act 1939 and promulgated the Motor Vehicle Ordinance 1983. The Ordinance was
promulgated retaining the structure of the 1939 Act with some changes in the procedures of
licensing of drivers, registration of motor vehicle, and issuance of permits, insurance
requirements and penal provisions.
1 CASE project has two components: (i) Environment, which relates to brick kiln emissions. The component is being implemented
by Department of Environment, and (ii) Transport, which encompasses traffic management, institutional capacity building, and
safety issues. The transport component is being executed by DTCB and DCC.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
• In 1987, the MVO 1983 was amended and a new chapter was added. The chapter pertains to
the establishment of the BRTA. Besides, some more changes were made to empower BRTA to
make regulations relating to licensing of drivers, registration of motor vehicle and issuance of
permits. It may be mentioned that till date no new regulations have been framed.
• In 1989 the MVO 1983 was amended again to reduce the penalty provisions and address some
of the demands of the transport workers and owners.
There are no changes to the MVO 1983 after 1989.
Soon after 1989, the Government realized that the structure of MVO 1983 is based on an obsolete
law, nearly 50 years old, which lacked the relevance to the current day motor vehicle administration
and regulation. Subsequently in 1996 the Government constituted an inter-ministerial committee 2 to
review and update the MVO 1983. The Committee felt that the Motor Vehicle Ordinance should also
include the other road users and road transport and should rename the MVO 1983 as Road
Transports and Traffic Act. Some work was done by the Committee but it was never finished.
In 2005 Government directed BRTA to revise the MVO 1983 and translate the law into Bangla. BRTA
suggested few changes to the MVO 1983 mainly relating to:
• Financial management of the BRTA
• Enhancement of the penalty
During the Caretaker Government (2007-2008) there was an effort to enact the proposed
amendments as law but on the demand of the transport workers the amendments were returned for
further review. It was also suggested to amend the Motor Vehicle Ordinance as Road Transport and
Traffic Act.
During the same period Transparency International of Bangladesh (TIB) submitted a report on the
irregularities of the BRTA and inadequacies of the road transport and traffic related laws. As a follow
up to the TIB report Government constituted two inter ministerial committees, one committee headed
by Mr Shahjahan Khan, MP, and now Minister for Shipping for updating the road transport and traffic
laws and the other headed by the Additional Secretary, Ministry of Communication for institutional
strengthening of BRTA.
The Inter ministerial committee 3 headed by Mr Shahjahan Khan met twice. The committee felt that
the assignment cannot be accomplished by a part time committee and if possible a full time
consultant / consulting company should be engaged to prepare the draft law. As a consequence, the
Chairman BRTA requested the Ministry of Communications to approach the World Bank to include
this assignment as a sub component under the transport component of the CASE project being
implemented by the DTCB.
3. BUSINESSES CONTRARY TO THE MVO 1983
Lack of updating of the law and introduction of new systems without amending the law and presence
of procedures and forms in MVO has resulted in conducting of some of the current businesses of
BRTA contrary to the legal provisions. These are:
• Issue of driving license with current currency, procedure for issue and renewal, and the driving
license itself.
• Registration marks, number plate, the certificate of registration etc., are not in conformity with
law.
• Issue of certificate of registration and fitness certificate to CNG and battery driven vehicles are
not covered by law.
• Fitness certificates are being issued ignoring the already enacted emission standards.
• Issuance of type approval certificate to locally assembled vehicles is not covered by law.
• There is no provision for ordering phasing out of vehicles or fixing age limits of vehicles etc and
many more.
2 Consultant was a member Secretary of the inter-ministerial committee as the then Director, Engineering of BRTA
3 Consultant was a member of the committee
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
4. METHODOLOGY OF THE STUDY IN BRIEF
The methodology for the study was drawn after giving due consideration to the background of the
study, the objectives and the scope of work suggested in the Terms of Reference.
The general methodology adopted by the consultants to formulate RTTA is as follows:
• The Consultants identified the issues of every chapter, one by one, which requires updating and
discussed most of the issues with the officials of the Bangladesh Road Transport Authority,
custodian of the MVO 1983.
• Reviewed the provisions of similar issues addressed in similar laws of India, Pakistan, Malaysia,
Singapore, United Kingdom and Australia.
• Some of the provisions which appeared to be adequate and appropriate have been retained
with necessary modifications; provisions which appeared to be inappropriate have been deleted.
Identified the best practices narrated in the above mentioned laws, customised and
appropriately incorporated them in RTTA provisions.
• While preparing the provisions of the RTTA, it has been kept in mind that the law cannot be
changed very often; therefore, provisions of the law have to be such that it should be able to
address the present and foreseeable future road traffic regulation needs. At the same time
provision has been kept in the law to keep in abeyance, if the Government so desires, laws
which are considered appropriate for subsequent application.
• Forms, schedules and procedures, which were previously part of the MVO 1983, are subjected
to frequent changes due to change in technology, adaptation of new methods and practices in
regulation and administration of road transport and traffic are proposed to be included in the
rules and regulation to be framed under the proposed Act.
• Prepared comparative statement, by chapter and sections, of the current provisions of the MVO
1983 and the provisions proposed in the RTTA.
• It was decided to submit interim reports as the work progressed. Two Interim Reports have been
submitted reflecting the works on 11 chapters for feedback and comments.
• In the Draft Final Report 22 chapters including the 11 chapters submitted earlier are included.
• The TOR of the consultants requires review and updating of the Motor Vehicles Tax Act 1932.
The Consultants considered it appropriate to repeal the Vehicle Tax Act of 1932 and incorporate
the necessary provisions of the Act as a chapter of the proposed RTTA.
• All 12 Schedules of the MVO 1983, which mainly pertains to frequently changeable forms and
procedures, have been omitted and a new schedule regarding penalty provisions is included in
the proposed RTTA and submitted with this draft without cross references to the penal sections.
However, once all penal sections are finalized, section references will be provided in the
schedule in the final draft. Forms and procedures will be addressed within the rule / regulation
making powers.
5. COMPARATIVE OVERVIEW OF THE MVO 1983 AND PROPOSED RTTA
Sl no MVO 1983 Proposed RTTA
1 Jurisdiction of the MVO was mainly Jurisdiction of the RTTA encompasses
limited to motorized traffic
all road users, motorized, non -
motorized and pedestrian.
2 Number of Chapters: 12 Number of Chapters 22
3 Chapters of the MVO 1983 with changed
names and number of old and new
sections in each chapter are as under:
1. Preliminary: Retained as
Preliminary (Number of sections:
old 2 / New 5 )
2. Bangladesh Road Transport
Authority: Renamed as Road
Transport Administration (Number
of sections: old 4 / New 42 )
3. Licensing of drivers of motor
vehicles: Retained (Number of
sections: old 21 / New 37 )
RTTA includes all renamed and
modified chapters of MVO 1983
shown in the preceding column; in
addition includes the following new
chapters:
1. Authorization to own Motor
Vehicles (Number of sections 9 )
2. Operation of public transport
services. (Number of sections 23
)
3. Construction and Operation of
terminals (Number of sections 9 )
4. Manufacturers and Dealers
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
Sl no MVO 1983 Proposed RTTA
4. Licensing of conductors: Renamed
as Licensing of workers (Number
of sections: old 9 / New 6 )
5. Registration of Motor Vehicles:
Retained (Number of sections: old
19 / New 22)
6. Control of Transport Vehicles:
Renamed as Permit for Transport
Vehicles (Number of sections: old
31 / New 19 )
7. Construction and Maintenance of
Motor Vehicles: Renamed as
Construction, Equipment and
Maintenance of Motor Vehicles
(Number of sections: old 3 / New 6
)
8. Control of Traffic: Retained
(Number of sections: old 12+9 / 39
New )
9. Motor Vehicles temporarily
leaving or visiting Bangladesh:
Retained. (Number of sections: old
1 / New 1 )
10. Insurance of Motor Vehicles
against 3 rd Party Risks: Retained.
(Number of sections: old 29 / 37
New )
11. Offences, Penalties and
Procedures: Retained, (Number of
sections: old 36 / New 18 )
12. Miscellaneous: Retained (Number
of sections: old 5 / New 3 )
13. Number of Schedules: 12
(Number of sections 6 )
5. Use of Road and Highways
(Number of sections 44 )
6. Control of Pedestrians and
NMTs (Number of sections 14 )
7. Road Safety Institutions and
Procedures (Number of sections
5 )
8. Taxes on Motor Vehicles
(Number of sections old 15 / new
13 )
9. Anti Auto Crime Measures
(Number of sections 15 )
10. Planning and Coordination
(Number of sections 2 )
11. Number of Schedules: 1
Total number of sections in MVO: 183 Total number of Sections in RTTA:
370
Total number of schedules in MVO: 12 Total number of schedules: 01
6. OVERVIEW
6.1 INTRODUCTION:
In the Motor Vehicle Ordinance 1983, the Intent relates to motor vehicles only. In the proposed law, it
is intended to include all modes of road transports and traffic including pedestrians and NMTs.
Therefore, the Intent is modified to the effect and the proposed law is named as the “Road Transport
and Traffic Act “
6.2 CHAPTER 1: PRELIMINARY
The chapter is retained with necessary modifications as Preliminary. This chapter covers the
jurisdiction of the law and its effectiveness. Previously, the Chapter I had only two sections. In the
MVO 1983 there were 63 definitions/interpretations but currently the chapter includes more than 200
definitions / interpretations, which may further increase in number or decrease based on the
requirement dictated by the inclusion or deletion of provisions as the drafting of the proposed law is
finalized. Of the 63 definitions / interpretations, many have been modified and retained.
In addition in Chapter I, two new sections have been inserted. The additions of these sections are
consequence of consultation of various similar laws of the region and South Asia.
6.3 CHAPTER II: ROAD TRANSPORT ADMINISTRATION
In the MVO 1983, Chapter IA was titled as Bangladesh Road Transport Authority. In RTTA the
chapter has been numbered as Chapter II and renamed as Road Transport Administration. Previously
the chapter had only four sections pertaining to:
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
• Constitution of the Bangladesh Road Transport Authority
• Meetings of the Authority
• Appointment of officers
• Power to make rules.
In the RTTA, it is proposed to have 42 sections relating to the powers for administration and control of
road transports by the Government and the Bangladesh Road Transport Authority. The powers mainly
relates to:
• Creation and composition of BRTA
• Creation of a road transport department under the Authority
• Regulatory powers for the officials of the Authority and Department to discharge their duties.
• Power to fix age limits for vehicles and application of other restrictions on the use of various
transports.
• Power to create and maintain a Road Transport Revenue Fund.
• Power of the Government to make transitional provisions for addressing difficulties, if any,
during implementation of the law,
• The power of the Government to grant exemption from certain provisions of the law for any
class of vehicles and persons.
• Power of the Government to suspend certain provisions of the Act.
6.4 CHAPTER III: LICENSING OF DRIVERS OF MOTOR VEHICLES
In MVO 1983 there are 21 sections relating to:
• Requirement of license
• Age limit
• Appointment letter
• Responsibility of owners
• Restrictions on the holding of driving license
• Granting of driving license
• Forms for driving license
• Addition to driving license
• Validity of the driving license, currency of the driving license, renewal revocation, suspension
and disqualification etc.
In the proposed law this chapter contains 37 sections. Out of the 21 sections in this chapter of the
MVO 1983, 19 sections have been retained with the necessary modification. Two sections have been
deleted; forms and contents of driving license and renewal of driving license have been removed for
inclusion in Rules / Regulation. The remaining 18 sections are new additions. The new issues mainly
relates to:
• Grant of exemption from driving license to drive certain class of vehicle
• Restriction on persons who cannot have license
• Unfitness to drive
• Requirements of the learner drivers
• Recognition of the foreign driving license
• Examination of the applicants for driving license
• Classification of motor vehicles for the purpose of driving license
• Driving instructor’s certification
• Re-examination and retest of license holders / candidates
• Display of license
• Surrender and return of the license
• Unlawful use of license
• Driving by unlicensed persons
• Driver training school licensing
• Reporting of traffic violation and conviction to authority
• Reporting of suspension / cancelation
• Power to confiscate or deprive from holding a driving license.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
• Provisions to recognize driving licenses of other countries based on bilateral and multilateral
agreements.
The updating of this chapter is result of detailed comparison of the laws on motor vehicles from the
South Asian and regional countries. In addition, the Chairman BRTA and his officers were kind
enough to provide time for discussion on the issues.
6.5 CHAPTER IV: LICENSING OF WORKERS
The previously the chapter heading was licensing of conductors of stage carriages and had 9 sections
mainly relating to grant of conductors license, suspension and revocation of the license and the power
of the licensing and other prescribed authorities relating to the above mentioned activities.
In the RTTA the chapter is renamed as licensing of workers. Provision has been made in the chapter
to issue vocational license to the workers of transport vehicles like, helper, supervisor etc including
the conductor. In the proposed Act 6 sections have been modified and retained with greater
application to cover all transport vehicle workers. The 3 sections which related to procedures, which
are subjected to frequent changes, have been omitted. These procedures are recommended for
inclusion in the Regulation.
6.6 CHAPTER V: AUTHORIZATION TO OWN MOTOR VEHICLES
This is a new chapter proposed for inclusion in the RTTA. The chapter provides greater regulatory
control on the possession of a motor vehicle by a citizen. The provisions of this chapter make it a
mandatory requirement for a citizen to obtain a Government authorization to possess motor vehicles.
The chapter has 9 sections which mainly relate to:
• Requirement of Authorization Certificate
• Grant of Authorization Certificate
• Furnishing of particulars of motor vehicles by the buyer / seller to obtain authorization.
• Power to limit the number of authorization by the Government
• Power to levy tax or duties on the Authorization Certificate
• Persons disqualified to obtain authorization certificate
6.7 CHAPTER VI: REGISTRATION OF MOTOR VEHICLES
This Chapter intends to replace Chapter IV of the MVO 1983, which incorporates provisions relating
to the registration of motor vehicles containing 19 sections mainly relates:
• Requirements of registration
• Registration of motor vehicles of diplomatic officers
• Inspection of vehicles before registration
• Refusal of registration
• Transfer of ownership
• Procedure for hire purchase vehicles
• Alteration in motor vehicles
• Suspension and cancellation of registration
• Appeals by the aggrieved persons
• Requirements of transport vehicles for registration
• Issue and renewal of certificate of fitness of motor vehicles
• Registration of motor vehicles of Defence services
• Procedure for the use of trailers
• Power of the Authority to make regulations
This Chapter in the proposed RTTA incorporates corresponding provisions of Chapter IV of the MVO
1983 and contains 22 sections; out of these, 4 sections are new insertions and the remaining are
retained sections of the MVO 1983, almost all in modified form with necessary updating. The updating
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
has been done in consideration of the present day need and the relevant laws in the neighbouring as
well as some other Asian countries. The new insertions relates to assignment of registration marks,
validity of certificate of registration and display of labels pertaining to various documents concerning
fitness, permit, authorization etc.
6.8 CHAPTER VII: PERMIT FOR TRANSPORT VEHICLES
Previously, chapter VII of the MVO 1983, Control of Transport Vehicles, related to regulatory control
on the public transport vehicles. In the MVO 1983, the chapter has 31 sections pertaining mainly to
conditions, procedures and issuance of permits for the public transport vehicles, terminals and
institutions. Due to great changes in the operations of the public transport vehicles, it is not possible to
include all regulatory provisions for operation of the public transports in a single chapter.
Consequently, the regulatory provisions for public transport operation in RTTA have been provided in
three chapters, namely:
• Chapter VII: Permit for transport vehicles
• Chapter VIII: Operation of public transport services
• Chapter IX: Construction and Operation of terminals.
The chapter VII, Permit for transport vehicles relates to operation of single vehicle and private
transport fleet. The chapter has 19 sections of which 14 are modified and retained sections of the
chapter Control of Transport Vehicles of MVO 1983 and 5 are new inserted sections. Of the
remaining 17 sections, 3 sections have been transferred to other chapters and rest 14 sections, which
pertain to procedures, have been omitted from the Act. Procedures will be addressed under regulation
making powers.
6.9 CHAPTER VIII: OPERATION OF PUBLIC TRANSPORT SERVICES
This is a new chapter included in the RTTA to provide licenses to bus service vehicles including bus
route franchising and Bus Rapid Transit and public carriers operation. Taxi cab service is also
included under this chapter. The chapter consists of 23 sections and mainly relates to:
• Grant of operator’s license
• Persons disqualified for license or franchise
• Selection of routes for franchise
• Invitation and Evaluation of bids for license and franchise
• Fixing of ceiling for license or franchise
• Power of the Authority with to the regulation of the franchisee / licensee
• Regulation of the operating companies
• Marking of public vehicles
• Power to seize public vehicles for non compliance to regulatory provisions
The provisions of the chapter are the outcome of research into similar laws and previously conducted
consultancies.
6.10 CHAPTER IX: CONSTRUCTION AND OPERATION OF TERMINALS
This is a new chapter included in the RTTA with the objective of providing necessary provisions for
regulatory control of the construction and operation of bus / truck terminals. The number of sections
included in the chapter is 9 and mainly relates to:
• Grant of operator’s license
• Persons disqualified for license
• Invitation and Evaluation of bids for license
• Fixing of ceiling for license
• Power of the Authority with to the regulation of the licensee
• Regulation of the operating companies
• Power to suspend / cancel the operator’s license
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
6.11 CHAPTER X: CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES
This Chapter intends to replace Chapter VI of the MVO 1983, which incorporates provisions relating
to the construction, equipment and maintenance of motor vehicles. The MVO 1983 contains 3
sections relating to:
• General provisions regarding construction and maintenance
• Right hand steering control of motor vehicles
• Power of the Government to make rules
The Chapter X in the proposed RTTA incorporates corresponding provisions of Chapter VI of the
MVO 1983 and contains additional 3 sections, in total 6 sections. The retained sections are all
modified and updated.
The new inserted section provides provisions for approval of design, construction, etc of vehicle, its
parts and equipment by the authorized persons or vehicle testing stations and the issue of type
approval certificate thereof which will help prevent production of vehicle or parts or equipment not
complying with the requirements of this Act.
6.12 CHAPTER XI: LICENSING OF MANUFACTURER, ASSEMBLER AND THE DEALER OF MOTOR
VEHICLES
To ensure compliance to the obligations and duties of the manufacturers, assemblers and the
dealers and safeguard the interest of the general users of the motor vehicles, this chapter is included
in the RTTA as a new chapter. The chapter contains 7 sections in respect of:
• definitions of rebuilt salvage vehicle, reconstructed vehicle and salvage vehicle purchaser
• requirements of license for manufacturer, assembler, importer and the dealer in of motor vehicles
• requirements of used parts dealer, wreckers and builders licence
• requirements of motor vehicle trade certificate
• sale of vehicle in or alteration of vehicle to a condition contravening this Act
• duty of manufacturers and dealers to notify safety-related defects in motor vehicles
• power to make regulations
6.13 CHAPTER XII: USE OF ROADS AND HIGHWAYS
This is a new chapter inserted in the Act with the objective to regulate the use of roads and highways
by the motorized, non motorized and pedestrian traffic in a safe and efficient manner. Out of the 44
sections of this chapter, 10 sections have been updated and incorporated on transfer from Chapter
VII and 2 sections from Chapter X of the MVO for their appropriateness to this chapter. The newly
inserted sections incorporate provisions for
• Issue of Highway Code and Traffic Sign Manual,
• Erection of official traffic signs,
• Prevention of display of unauthorized signs or signal,
• Power of local authorities in respect of traffic,
• Power to remove traffic hazards,
• Temporary prohibition or restriction of traffic, driving regulations, use of road by different types of
traffic,
• Privileges of emergency vehicles,
• Power to restrict pedestrians crossings,
• Liability for damage of highway or structures, highway collection, etc.
6.14 CHAPTER XIII: CONTROL OF TRAFFIC
This chapter was chapter VII of the MVO 1983containing 22 sections. The currently the number of
sections in this chapter is 39. Of these 39 sections, 12 sections have been retained and 8 sections
have been transferred from other chapters for their appropriateness to this chapter. In every case the
sections have been modified and updated. In addition 19 new sections have been added to the
chapter. The sections mainly relates to:
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
• Restrictions on the use of mobile telephone and ear plugs
• Control of traffic at processions, assemblies and public resorts
• Fitting and wearing of safety seat belts
• Power to remove or immobilize vehicles
• Restriction on the racing of vehicles on the road
• Elude police officers
• Careless and inconsiderate driving
• Power to prevent driving by incapable persons
• Power Police officers / other officers to investigate an incident.
6.15 CHAPTER XIV: CONTROL OF PEDESTRIANS AND NON-MOTORIZED VEHICLES
This Chapter is a new insertion in the proposed RTTA. It incorporates provisions for the control of
pedestrians and the non-motorized vehicles and such other traffic and the rights and duties of these
traffic. It also provides provisions for empowering police officers and other authorized officers to
exercise control over these traffic. The Chapter contains 13 sections relating mainly to the following
issues:
• Pedestrian crossings
• Pedestrian obedience to traffic-control devices and traffic regulations
• Pedestrian obedience to bridge and railroad signals
• Pedestrians provisions on highways
• Provisions to deal with pedestrians under influence of alcohol or drugs
• Drivers to exercise due care at the pedestrian crossings
• Certain provisions of this Act to apply to non-motorised vehicles
• Traffic laws applying to persons on bicycles and other human powered vehicles
• Regulatory provisions for riding on bicycles
• Rights and duties- invalid carriage
The chapter provides provisions for the local bodies to frame by laws or regulations for controlling the
construction, operation and licensing of manufacturer, operators of NMTs.
6.16 CHAPTER XV: ROAD SAFETY PROCEDURES
This new inserted Chapter XV in the proposed RTTA contains 5 sections in respect of:
• Road Safety Council and Committees
• Duty of driver in case of accident and injury to a person
• Inspection of vehicle involved in accident
• Accidentally putting vehicle in motion
• Special provision as to accident inquiry
• Power to make regulations
Of the 5 sections 2 sections have been updated and incorporated on transfer from Chapter VII of the
MVO for appropriateness to this chapter. The newly inserted 3 sections incorporate provisions
empowering Government to constitute Road Safety Councils and committees and also constitute
accident inquiry committee and lay down procedures for the discharge of functions by the safety
council and committees. Besides, there is a provision for investigation into accidents.
6.17 CHAPTER XVI: TAXES ON MOTOR VEHICLES
The Motor Vehicles Tax Act 1932 is an independent law relating to the imposition and realization of
taxes from the motor vehicles owners. In the TOR of the Consultants, one of the tasks is to review
and update the above mentioned Act. The Consultants considered it more appropriate for the law to
be a part of the proposed Act. Consultants while reviewing this law have reviewed the similar laws of
West Bengal, India and Punjab, Pakistan, where motor vehicle taxation is a provincial subject.
The Motor Vehicles Tax Act 1932 had 15 sections, which included sections on short title and
definitions. Of the 15 sections 7 sections have been deleted including short title and definitions as
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
they have already been addressed in the relevant sections of this Act. The other 5 sections deleted
pertain to mainly procedures. The procedural issues are to be addressed under rule / regulation
making powers. The current 13 sections under this chapter mainly pertain to:
• Appointment of Taxing Officers
• Imposition of tax
• Liability for non payment of tax in time
• Search and seizure of vehicles for non payment tax
• Suspension of certificate of registration for non payment of tax
• Recovery of unpaid tax.
• Levy of road users charges
• Power of the Government from payment of taxes.
• Penal provisions and compounding of offence under this chapter
6.18 CHAPTER XVII: ANTI AUTO-CRIME MEASURES
This new inserted Chapter XVII in the proposed RTTA contains 15 sections. Of the 15 sections 2
sections of Chapter X of the MVO have been updated and incorporated in this chapter for their
appropriateness. The sections of this chapter mainly pertain to provisions on:
• Preventing crimes relating to keeping and use of stolen cars
• Falsification and unauthorized use of vehicle number
• Forgery of documents
• Seizure and disposition of stolen vehicles and parts
• False statement and declaration in the course of giving evidence or for obtaining license or
registration etc.
6.19 CHAPTER XVIII: MOTOR VEHICLES TEMPORARILY LEAVING AND VISITING BANGLADESH
This chapter deals with the motor vehicles temporarily leaving and visiting Bangladesh. In the
MVO1983, there is one section. The section provides provisions empowering the Government to
frame rules regarding vehicles temporarily leaving and visiting Bangladesh. Though this provision
existed in the Motor Vehicles Act 1939 and Motor Vehicles Ordinance 1983 but till date no rules on
the issues have been framed. In the RTTA the section has been retained with some modifications.
6.20 CHAPTER XIX: INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
In the MVO1983 there are 29 sections primarily focusing on:
• Requirement of insurance against 3 rd party risks
• Limit of liability
• Duty of Insurers
• Rights of third parties against insurers
• Settlement between insurer and insured
• Provisions for cooperative insurance
• Liability of the vehicles owners in the absence of insurance
• Claim of compensation
• Provisions for constitution of Claims Tribunal
• Award of compensation and recovery of money due under award
In the RTTA all the 29 sections have been retained with necessary modification. In addition 7 more
sections have been added. The motor vehicle insurance is an internationally recognized practice. All
the road traffic laws of the South Asia, regional countries, UK and Australia etc have provisions for
insurance against third party risks as compulsory. On review of the laws under reference 7 new
sections have been added to existing provisions to further modernize the law. These mainly relates to:
• Provisions of certificate of securities in lieu of insurance policy
• Validity of insurance policies issued in reciprocating countries
• Application of this chapter for claim of compensation under the Bangladesh Labour Act, which is
applicable in case of road transport workers.
• Compensation in case of hit and run motor accident
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
6.21 CHAPTER XX: PLANNING AND COORDINATION
This is a new chapter making provisions for establishment of a road transport planning organization in
the name of “Institute of Road Transports (IRT)”.
Consultants have observed over an extended period that the existing road transport and traffic related
organizations especially BRTA, local government bodies and Police lack the necessary planning
capability, which has now become very technical and specialized, to ensure a well planned, efficient
and sustainable road transport and traffic system. The road transport and traffic system over a period
of time has assumed a monumental importance in economic welfare of the country; an unplanned
growth of the sector may ultimately lead to a disaster for the sector. The root cause for lack of proper
planning can be attributed to currently attaching the planning responsibilities to the regulatory and
executive agencies as an appendix to their core functions without due importance.
The Institute of Water Modelling (IWM) of Bangladesh is an example of specialised body which is
acting as technical support and advisory organization to the principal functionaries like the Water
Development Board, Inland Water Transport Authority and other associated organizations responsible
for water supply, water resources development and management. The above mentioned organization,
which is an autonomous body, started it’s functioning under a twining arrangement with another well
established similar organization, Danish Hydraulic Institute (DHI). Currently, the IWM has become a
centre of excellence by its own rights and at the same time a financially self sustaining organization.
The institutions for planning, research and development of road transport sector can also be found in
developed and developing countries. The Transport Research Laboratory (TRL) of UK and Central
Institute of Road Transports of India can be cited as examples. Similar arrangement needs to be
developed for the road transport sector of Bangladesh which currently caters for more than 80% of
the transport needs of the country.
6.22 CHAPTER XXI: OFFENCES, PENALTIES AND PROCEDURES
In this chapter of the MVO 1983 there are 36 sections pertaining to offences relating to traffic
violations, power of the officials, certain procedures for prosecution and recording of penalties. Out of
the 36 sections 18 sections have been transferred to other chapters for their appropriateness. 4
sections have been deleted. In the RTTA there are 19 sections under this chapter. Out of the 19
sections 14 sections have been modified and retained from the MVO 1983 and 5 new sections been
added.
The 5 new sections mainly relates to:
• Obedience and scope of the Act
• Prosecution officers have been named.
• Evidences admissible for conviction
• Service of notices and summons
The punishments under this chapter can be classified into three categories; namely fines,
imprisonment and penalties with regards to suspension, disqualification and cancellation of
documents of drivers (license) and vehicles (registration certificate, fitness certificate, permits etc.).
In the MVO 1983, sections relating to offences were generalized in nature 4 , in the RTTA the offences
have been made more specific 5 . The penalty / punishment in MVO 1983 are also generalized in
nature 6 ; in the RTTA the fines, based on the severity of the offence, has been made fixed 7 while the
punishment amounting to imprisonment 7 has been left open to the discretion of the trial officers. In
the MVO 1983 fines are sum of money expressed in Taka. Over a period of time, due to inflation, the
amount of fine becomes absolutely no deterrent. Therefore, from time to time these fines need to be
4 “Driving when mentally or physically unfit to drive” 5 “Drive, a motor vehicle with defective eyesight or with any other disease or disability likely to cause driving to be a source of
danger to the public.”
6 “With imprisonment which may extent to three months or with fine which may extent to Taka 500 or both”.
7 “Imprisonment: May extend to three months” and “Penalty: 30 units “, 1 penalty point = Tk 200
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
OVERVIEW
increased to keep the effect of their deterrence. Therefore, it becomes necessary, from time to time,
to amend all sections of MVO 1983 which have penal provisions. To overcome this situation in RTTA,
penalty units have been introduced 7 . Presently one penalty unit is proposed to be Tk 200.00. Just by
increasing the value of one penalty unit all fines can be enhanced. In addition in the RTTA, demerit 7
point for an offence has also been assigned. On accumulation of certain number of demerit points a
license of the offender shall get automatically suspended.
In case of schedule on spot fines as given in MVO 1983 has been omitted from the MVO 1983 and
proposed to be in the Rule making power of the Government. Offences of the schedule are very minor
in nature and not exceeding 10 units of fine. In addition the list of the offence may increase due to
introduction of new technologies and traffic control procedures and methods. Therefore, it is
appropriate not to include it in the RTTA but make it part of the Rules.
A detailed study was undertaken by the consultants on the quantum of punishment for road traffic
related offence. A copy of the report is made annexure to this. The punishments / fines proposed in
the schedule of the RTTA are based on the outcome of the study.
6.23 CHAPTER XXII: MISCELLANEOUS
In the MVO 1983, there are 5 sections pertaining to:
• Publication of Rules
• Officers to exercise the powers of the police officer
• Any authority by the Government to exercise modified powers
• Effect of appeal and revision order passed by the authority
• Repeal and Saving
In the RTTA two sections with modifications have been retained under this chapter, 3 sections have
been modified and transferred to other chapters for the location of their appropriateness. A new
section, which requires declaration by applicant on the correctness of all documents / certificates
/information submitted to the authorities.
7. WAY FORWARD
The Draft Final Report is the outcome of research, discussion and incorporation of suggestions from
the stakeholders. The way forward for the finalization of the document is as follows:
• The Draft should be circulated among as many stakeholders as possible including citizen’s
group.
• As per the requirement of the TOR, a stakeholders meeting should be held to obtain the views
and comments from them.
• On receipt of the comments / suggestions the draft will be finalized and a Final report will be
submitted and the RTTA will be submitted without the current cross reference to MVO 1983.
• Once the proposed RTTA is accepted, it will be translated to Bangla.
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ANNEXURE
RESEARCH ON QUANTUM OF
PUNISHMENTS FOR TRAFFIC
RELATED VIOLATIONS

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
RESEARCH ON QUANTUM OF PUNISHMENT FOR TRAFFIC RELATED VIOLATIONS
The Cabinet of Ministers in its meeting of 02 Aug 2010 observed that the Motor Vehicle Ordinance lacks the
following:
• Adequate punishment for reckless and dangerous driving
• No punishment for fake license
• Adequate provisions for ensuring use of helmet and seat belts and no use of mobile phone while driving.
In addition to the above the Cabinet also observed that there is need for the following:
• Adequate enforcement of the Motor Vehicle Ordinance and its subordinate laws
• Driver’s training prior to grant of driving license
• Yearly / half yearly refresher’s training for Government drivers.
• Strengthening of BRTA and filling in of vacant positions in BRTA
In view of the above the consultants were requested both by the DTCB and BRTA to prepare a draft for
amendment of the MVO 1983 to address the above mentioned inadequacies in the law on an urgent basis.
These amendments, at a later stage, can be incorporated in the new law, Road Transport and Traffic Act,
which is under draft by the consultants as a preparation for repealing MVO 1983.
The proposal for the amendment to the MVO 1983 pertains to the following:
• Traffic and Safety related provisions
• Penal provisions
Traffic and Safety Related Provisions
The provisions of the MVO 1983 which have been proposed for amendment to address the traffic and safety
related provisions are as follows:
• Replaced Section 85 (I): Speed limit based on vehicle type has been further strengthened with national
and local speed limits.
• Replaced Section 90: The new provisions include unobstructed traffic flow and parking on payment
• Replaced Section 91: Main roads have been replaced by Arterial Roads based on traffic engineering
Consideration
• Replaced Section 92: Replaced the provisions of motor vehicle drivers to obey mandatory traffic signs
with provision for all road users to obey traffic directions
• Inserted new provision 92A to 92M (13 sections): Lane discipline, rights of emergency vehicle,
restriction on use of mobile phone and ear plugs, pedestrian crossing, duty of the driver and pedestrian;
obligation of non motorized vehicles, etc.
• Replaced Sec 93, on traffic signaling to modernize and strengthen the provision
• Inserted new sub sections 100 (3), (4), & (5) with provision for use of approved helmet and punishment
for non use
• Inserted new section 101A: Fitting and wearing of seat belts compulsory with provisions for punishment
• Inserted a new proviso to section 105: Restricting removal of vehicles involved in accident.
Penal Provisions
The MVO 1983 provides three types of penal provisions, which are:
Section 137: Provides general provision for punishment for offences for which specific punishment is not
provided.
Section 138 to Section 158: Provides provisions for punishment against specific offence, which are
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
executed by the court and summary trial by Authorized Police Officer (DC Traffic ) and Departmental officers
(Assistant Directors of BRTA)
Section 163: Provides provisions for Spot fines for traffic infringements which are executed by Police
Sergeants / sub inspector of Police / Motor Vehicle Inspectors.
Besides, there are provisions for impounding documents and detention of offending motor vehicles.
The consultants were requested to review the current provisions for quantum of punishment and propose
enhancement.
Objective of Punishment: Punishment is awarded with the objective of meting out justice to a victim and
uses it as a tool for deterrence. Justice to both the victim and offender needs to be ensured and a balance
between the two has to be established. At the same time it has to be used as an effective deterrence.
Quantum of Punishment: The quantum of punishment to be awarded to an offender is outcome of research
and social interactions and deliberation. In Bangladesh such research and interaction is yet to be established.
Alternatively, provisions of similar laws of neighboring countries are used as guidelines, analyzed and adopted
with customization for the local conditions. The consultants have made proposal for updating of the quantum
of punishment based on an exercise as mentioned above.
Results of the exercise on the quantum of punishment are as under:
Section 137: General Provision for offences and Penalties
Existing : First Offence: Fine up to Tk 200 Subsequent: Up to Tk 400
Proposed:
Up to 1 month or fine not less than Tk 500 and not more than Tk 2000 or both.
India: First offence: Up to Rs 100, Subsequent: Up to Rs 300
Pakistan: Non Professional: Not less than Rs 200 and up to Rs 500
Professional: Not less than Rs 500 and up to Rs 1000
Malaysia:
First offence: Up to 3 months or up to Rm 1000 or both
Subsequent: Up to 6 months or up to Rm 2000 or both
Singapore: First offence: Up to 3 months or up to S$ 1000
Subsequent: Up to 6 months or up to S$ 2000
Section 138:
Existing:
Proposed:
India:
Pakistan
Malaysia
Singapore
Section 139:
Existing
Proposed
India
Pakistan
Malaysia
Singapore
Driving without license
Up to 4 months or fine up to Tk 500 or both
Up to 3 month or fine Tk 3000 (fixed) or both
Up to 3 months or fine up to Rs 1000 or both
Not specific but covered under general provision
Up to 3 months or up to Rm 1000 or both
Fitting and using prohibited horns
Tk 100 (fixed)
Tk 500 (fixed)
Covered under general provision
Covered under general provision
Covered under general provision
Covered under general provision
Section 140 (1): Disobedience of Orders, withholding information or giving untrue information
Existing:
1 month imprisonment and fine up to Tk 500 or both
Proposed: Disobedience fine of Tk 1000.00,
Withheld / untrue information : up to 1 month or fine of Tk 2000 or both.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
India:
Disobedience up to Rs 500, withheld / untrue information: up to 1 month and fine up
to Tk 500
Pakistan: Fine up to Rs 200
Malaysia:
Untrue information: Up to 1 year or up to Rm 5000 or both
Singapore:
Withheld / untrue information: Up to 6 months or S$ 1000 or both
Section 141 (1):
Existing:
Proposed:
India:
Pakistan:
Driving when disqualified to hold a driving license
Up to 3 months or up to Tk 500 or both
Up to 3 months or Tk 3000 or both
Up to 3 months or up to Rs 500 or both
Non Professional: Up to 6 months or up to Rs 500 or both
Professional: Up to 2 years or Rs 1000
Malaysia: Up to 1 year or up to Rm 5000
Singapore:
Up to 3 years or up to S$ 10000 or both
Section 141 (2)
Existing:
Proposed:
India
Pakistan
Singapore
Malaysia
Acts as a conductor when disqualified
Up to 1 month or up to Tk 200 or both
Up to 1 month or Tk 1000 or both
Up to 1 month or up to Rs 100 or both
Up to 3 months or S$ 500 or both
Up to 6 months or Rm 2000 or both
Section 141 (3)
Existing
Proposed
Fail to produce driving license on demand by any authority
Tk 50 (fixed)
Tk 500 (fixed)
Section 142 (1) Driving exceeding speed limit
Existing First Offence: Up to 1 month or up to Tk 300 or both
Subsequent: Up to 3 months or up to Tk 500 or both
Proposed First Offence: Taka 2000 (fixed)
Subsequent: Tk 5000 (fixed)
India First Offence: Up to Rs 400
Subsequent: Up to Rs 1000
Pakistan Non Professional: Not less than Rs 200 and up to Rs 500
Professional: Not less than Rs 500 and up to Rs 1000
Malaysia Up to Rm 1000
Singapore
BPC 1 279 Rash and Negligent driving likely to cause hurt or injury
(Exceeding Speed limit)
Existing
Up to 3 years or not less than Taka 1000 and up to Tk 5000 or
both
India (IPC 2 279) Up to 6 months or up to Rs 1000 or both
Pakistan (PPC
279) Up to 2 years or up to Rs 3000 or both
Section 142 (2)
Causes or allows driving exceeding speed limits
1 BPC: Bangladesh Panel Code
2 IPC: Indian Panel Code
3 PPC: Pakistan Panel Code
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
Existing First offence: Up to 1 month or up to Tk 300 or both
Subsequent: Up to 3 months or up to Tk 500 or both
Proposed First offence: Taka 2000 (fixed)
Subsequent: Taka 5000 (fixed)
India First offence: Up to Rs 300
Subsequent: Up to Rs 500
Pakistan Private vehicle: Up to Rs 200
Transport Veh: Up to Rs 500
Malaysia
Section 143
Driving Recklessly or Dangerously
Existing First offence: Up to 6 month or up to Tk 500 or both
Subsequent: Up to 6 months or up to Tk 1000 or both
Proposed First offence: Up to 1 year or Tk 5000 (fixed) or both
Subsequent: Up to 2 years or Tk 10,000 (fixed) or both
India First offence: Up to 6 months or Rs 1000 or both
Subsequent: Up to 2 years or Rs 2000 or both
Pakistan
Non Professional:
First offence: Up to 6 months or up to Rs 500
Subsequent: Up to 2 years or up to Rs 1000 or both
Professional:
First offence: Up to 1 year or up to Rs 1000
Subsequent: Up to 4 years or up to Rs 1000
Malaysia First offence: Up to 3 year or up to Rm 6000 or both
Subsequent: Up to 5 years or up to Rm 10,000 or both
Singapore First offence: Up to 1 year or up to S$ 3000 or both
Subsequent: Up to 2 years or up to S$ 5,000 or both
(BPC 304B)
Existing
India
(IPC 304A)
Pakistan
(PPC 320)
Malaysia
Sec 41 (1) RTA
Singapore
Sec 66 (1) RTA
Causes death by rash and negligent driving (not amounting to culpable
homicide)
Up to 3 years or fine or both
Up to 2 year or fine or both
Up to 10 years
Up to 5 Years or up to Rm 10,000 or both
Up to 5 years (Sec 280 Criminal Procedure Code applies)
Australia
Up to 3 years for misdemeanor (not causing death)
328A Cr Code Ist Time offender: 5 years causing death
Queensland 2 nd time offender: 10 years
14 years if intoxicated
United Kingdom: 5 years under Road Traffic Act 1972, Section 1
14 years under Criminal Justice Act 2003, Section 285(3)
Court must satisfy and Police is to prove that the accused:
• Operated the motor vehicle which caused death
• Operated the motor vehicle at the place of occurrence
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
• Operated the vehicle dangerously
• As a result of dangerous operation the death of the deceased was caused.
• If the accused was adversely affected by alcohol
• Circumstances of aggravation
(Reference: Criminal Code of Queensland, Australia)
Sec 143 A (1) Careless and inconsiderate driving (new insertion)
Proposed:
Tk 1000 (fixed)
India:
Part of general offence
Pakistan:
Part of general offence
Singapore: First: 6 months, S$ 1000 or both
Subsequent: 1 year, S$ 2000 or both
Malaysia: 6 months or Rm 2000
Sec 143 A(2)
Existing
Proposed:
India:
Pakistan:
Singapore:
Malaysia:
Not give way to other vehicles intentionally Overtake when overtaking
is prohibited or unsafe
Nil
Tk 1000 (fixed)
Part of general offence
Part of general offence
Part of general offence
Part of general offence
Sec 144 (1)
Driving under intoxication
Existing First Offence: Up to 3 months or up to Tk 1000 or both
Subsequent: Up to 2 years or up to Tk 1000 or both
Proposed:
First Offence: Up to 6 months or Tk 3000 (fixed) or both
Subsequent: Up to 1 year or Tk 5000 (fixed) or both
India:
First Offence: Up to 6 months or up to Rs 2000 or both
Subsequent: Up to 2 year s or up to Rs 3000 or both
Pakistan:
First Offence: Up to 6 months or up to Rs 1000 or both
Subsequent: Up to 2 years or up to Rs 1000 or both
Singapore:
First:
Up to 6 months or not less than S$ 1000 and not more than
S$ 5000
Subsequent: Up to 12 months or not less than S$ 3000 and not more
than S$ 10000.
Malaysia:
First Offence: Up to 6 months or up to Rm 2000
Subsequent:
Up to 1 year or up to Rm 4000 or both
Sec 144 (3)
Driving under intoxication, fail to provide specimen for test (new
insertion)
Existing
Nil
Proposed:
Up to 3 months or Tk 3000 (fixed) or both
India:
Covered under provision of general offence
Pakistan:
Covered under provision of general offence
Singapore:
First: Up to 6 months or not less than S$ 1000 and not more than S$ 5000
Subsequent: Up to 12 months or not less than S$ 3000 and not more than S$ 10000.
A-5

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
Malaysia:
Up to 6 months or up to Rm 2000 or both
Sec 145
Physically or mentally unfit to drive
Existing
First Offence: Up to Tk 500
Subsequent:
Up to 3 months or up to Tk 500 or both
Proposed:
First Offence: Up to 3 months or Tk 3000 (fixed) or both
Subsequent:
Up to 6 months or Tk 5000 (fixed) or both
India:
First Offence: Up to Rs 200
Subsequent: Up to Rs 500
Pakistan:
First Offence: Up to Rs 200
Subsequent: Up to Rs 500
Singapore:
First: Up to 6 months or not less than S$ 1000 and not more than S$ 5000
Subsequent: Up to 12 months or not less than S$ 3000 and not more than S$ 10000.
Malaysia:
Up to 3 months or up to Rm 1000 or both
Sec 146 Offence relating to accidents, fail to stop or attend the victim after
an accident by the driver
Existing
First Offence: Up to 3 months or up to Tk 500 or both
Subsequent:
Up to 6 months or up to Tk 1000 or both
Proposed:
First Offence: Up to 3 months or Tk 3000 (fixed) or both
Subsequent:
Up to 6 months or Tk 5000 (fixed) or both
India:
First Offence: Up to 3 months or up to Rs 500 or both
Subsequent:
Up to 6 months or up to Rs 1000 or both
Pakistan:
Up to 6 months or up to Rs 1000 or both
Singapore:
First: Up to 12 months or up to S$ 3000
Subsequent: Up to 2 years or up to S$ 5000
Malaysia:
146A
Existing
Proposed
Fleeing or attempting to elude a Police Officer (New insertion)
Nil
Fine Taka 2000 (fixed)
Sec 147
Existing
Proposed
Sec 148
Existing
Proposed:
India:
Pakistan:
Singapore:
Malaysia:
Punishment for abetment of offences
Same as the punishment provided for the offence
Same as the punishment provided for the offence
Racing or trial of speed without permission
Up to 1 month or up to Tk 500 or both
Up to 1 year or up to Tk 500o (fixed) or both
Up to 1 month or up to Rs 500 or both
Up to 6months or up to Tk 1000 or both
Up to 6 months or up to Rm 2000 or both
A-6

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
Sec 149 (1)
Driving an unsafe or a defective vehicle
Existing
Up to 1 month or up to Tk 250 or both
Proposed:
Up to 1 year or Tk 5000 (fixed) or both
India: Up to Rs 250
Pakistan:
Singapore:
Malaysia:
Sec 149(1)
Existing
Proposed:
India:
Pakistan:
Singapore:
Malaysia:
Sec 149 (2)
Existing
Proposed:
First Offence:
Subsequent:
Driving an unsafe or a defective vehicle, if causes accident
Up to 3 months or up to Tk 1000 or both
Up to 2 years or Tk 10,000 (fixed) or both
Up to 3 months or up to Rs 1000 or both
Violates standards in relation road safety, control of noise
and air pollution (new insertion)
Nil
Tk 2000 (fixed)
Tk 5000 (fixed)
India:
First Offence: Up to Rs 1000
Subsequent: Up to Rs 2000
Pakistan:
Singapore:
Malaysia:
Sec 149 (3)
Proposed
First Offence:
Subsequent:
India:
First Offence:
Subsequent:
Pakistan:
First Offence:
Subsequent:
Singapore:
First:
Subsequent:
Malaysia:
First Offence:
Subsequent:
Carry Goods, without caution or protection, which are
dangerous or hazardous to human life (new insertion)
Up to 1 year or Tk 5000 (fixed) or both
Up to 2 years or Tk 10, 000 fixed or both
Up to 1 year or up to Rs 3000 or both
Up to 3 year s or up to Rs 5000 or both
Up to 6 months or up to Rs 1000 or both
Up to 2 years or up to Rs 1000 or both
Sec 150
Driving Vehicles which fails to comply with emission standards.
Existing Up to Tk 200
Proposed:
Tk 2000 (fixed)
India:
First Offence:
Subsequent:
A-7

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
Pakistan:
First Offence:
Subsequent:
Singapore:
First:
Subsequent:
Malaysia:
First Offence:
Subsequent:
Sec 151 (1)
Existing
Proposed:
India:
Pakistan:
Singapore:
Malaysia:
Driving Vehicle which fails to comply with construction
and use regulation (new insertion)
Nil
Tk 2000 (fixed)
Sec 151 (2)
Sale or Supply or alteration of a vehicle in violation to the
construction and use regulation.
Existing
Up to 2 years or up to Tk 5000 or both
Proposed:
Up to 6 months or Tk 10,000 (fixed) or both
India: Rs 500 (sec 191) and Rs 1000 and Rs 5000 for subsequent(sec 182A)
Pakistan: Up to Rs 200
Singapore:
First: Up to 3 months or up to S$ 2000
Subsequent: Up to 6 months or up to S$ 5000
Malaysia:
First Offence:
Subsequent:
Sec 152
Using a vehicle without registration, without fitness and without permit
Existing
First Offence: Up to 3 months or up to Tk 2000 or both
Subsequent:
Up to 6 months or up to Tk 5000 or both
Proposed:
First Offence: Up to 3 months or Tk 3000 (fixed) or both
Subsequent:
Up to 1 year or Tk 5000 (fixed) or both
India:
First Offence: Not less than Rs 200 and up to Rs 5000
Subsequent: Up to 1 year s or not less Rs 5000 up to Rs 10,000
Pakistan:
First Offence: Up to 6 months or up to Rs 500 or both
Subsequent:
Up to 2 years or up to Rs 1000 or both
Singapore:
First: Up to 3 months or up to S$ 2000
Subsequent: Up to 6 months or up to S$ 10000.
Malaysia:
Fitness Up to 5 years or up to Rm 5000
Registration: Up to Rm 2000
A-8

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
Sec 153
Agent or canvasser with proper authority
Existing
First Offence: Up to Tk 1000
Subsequent:
Up to 6 months or Up to Tk 2000 or both
Proposed:
First Offence: Tk 2000 (fixed)
Subsequent:
Up to 6 months or Tk 5000 (fixed) or both
India:
First Offence: Up to Rs 1000
Subsequent:
Up to 6 months or up to Rs 2000 or both
Pakistan:
First Offence: Up to 6 months or up to Rs 1000 or both
Subsequent:
Up to 2 years or up to Rs 1000 or both
Singapore:
First: Up to 6 months or not less than S$ 1000 and not more than S$ 5000
Subsequent: Up to 12 months or not less than S$ 3000 and not more than S$ 10000.
Malaysia:
First Offence: Up to 6 months or up to Rm 2000
Subsequent:
Up to 1 year or up to Rm 4000 or both
Sec 154 (1)
Driving Vehicle exceeding permissible weight
Existing
First Offence: Up to Tk 1000
Subsequent:
Up to 6 months or up to Tk 2000 or both
Proposed:
First Offence: Not less than Tk 2000 + Tk 1000 for every excess 500 kg
Subsequent:
Up to 6 months or not less than twice or more than threetimes the first
offence fine or both
India:
Not less than Rs 2000 + Rs 1000 for every 1 ton of excess
load + Off load charge
Pakistan:
First Offence:
Subsequent:
Singapore:
First:
Subsequent:
Malaysia:
First Offence:
Subsequent:
Sec 154 (2)
Failure to stop and submit vehicle for weighing (new insertion)
Proposed:
Tk 3000 (fixed)
India: Up to Rs 3000
Pakistan:
Singapore:
Malaysia:
Sec 155
Driving uninsured Vehicle
Existing Up to Tk 2000
Proposed:
Tk 2000 (fixed)
India: Up to Rs 1000
Pakistan:
Singapore:
A-9

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
Malaysia:
Up to 3 months or up to Rm 1000 or both
Sec 156 (1)
Taking and Drives a vehicle without consent of the owner or lawful
authority
Existing
Up to 3 months or up to Tk 2000 or both
Proposed:
Up to 6 months or Tk 5000 (fixed) or both
India:
Up to 3 months or up to Rs 500 or both
Pakistan:
Up to 3 months or up to Rs 500 or both
Singapore: Up to 3 months or up to S$ 1000
Malaysia:
Up to 6 months or up to Rm 2000 or both
Sec 156 (2)
Proposed:
India:
Pakistan:
Singapore:
Malaysia:
Taking vehicle under force or threat (new)
Up to 2 years or Tk 1000 or both
Up to 3 months or up to Rs 500 or both
Sec 157
Obstruction in public road or public place
Existing
Up to Tk 500 + confiscation of vehicle or material
Proposed: Not less than Tk 200o or Tk 200 / hr, whichever is more +
confiscation of vehicle or material + towing / removal charge.
India:
Rs 50/ hr + towing charge / removal charge
Pakistan:
Singapore:
Malaysia: Up to Rm 1000
Sec 158
Unauthorized interference with vehicles
Existing
Up to 3 months or up to Tk 1000 or both
Proposed:
Up to 6 months or Tk 5000 (fixed) or both
India: Up to Rs 100
Pakistan:
Up to 1 months or up to Rs 200 or both
Singapore:
Malaysia:
Sec 158A
Proposed:
First Offence:
Subsequent:
India:
Pakistan:
Singapore:
Document:
License :
Malaysia:
Sec 158B
Proposed:
First Offence:
Subsequent:
Forgery of Document (new insertion)
Up to 3 months or Tk 2000 (fixed) or both
Up to 1 year or Tk 5000 (fixed) or both
Up to 12 months or up to S$ 5000 or both
Up to 12 months or S$ 20000 or both
Issue of False Document (new insertion)
Up to 3 months or Tk 2000 (fixed) or both
Up to 1 year or Tk 5000 (fixed) or both
A-10

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
India:
First Offence: Up to 6 months or up to Rs 2000 or both
Subsequent:
Up to 2 year s or up to Rs 3000 or both
Pakistan:
First Offence: Up to 6 months or up to Rs 1000 or both
Subsequent:
Up to 2 years or up to Rs 1000 or both
Singapore:
Up to 12 months or up to S$ 5000 or both
Malaysia:
First Offence: Up to 6 months or up to Rm 2000
Subsequent:
Up to 1 year or up to Rm 4000 or both
Sec 158 C(1)
Proposed:
First Offence:
Subsequent:
India:
First Offence:
Subsequent:
Pakistan:
First Offence:
Subsequent:
Singapore:
Malaysia:
Sec 158 C(2)
Proposed:
First Offence:
Subsequent:
India:
First Offence:
Subsequent:
Pakistan:
First Offence:
Subsequent:
Singapore:
Malaysia:
Sec 158 C(3)
Proposed:
First Offence:
Subsequent:
India:
First Offence:
Subsequent:
Pakistan:
First Offence:
Subsequent:
Singapore:
Malaysia:
Make False statement or declaration (new insertion)
Up to 3 months or Tk 2000 (fixed) or both
Up to 1 year or Tk 5000 (fixed) or both
Up to 6 months or up to Rs 2000 or both
Up to 2 year s or up to Rs 3000 or both
Up to 6 months or up to Rs 1000 or both
Up to 2 years or up to Rs 1000 or both
Up to 12 months or up to S$ 5000 / 10,000 or both
Up to 1 year or up to Rm 5000 or both
Supply false information or document (new insertion)
Up to 3 months or Tk 2000 (fixed) or both
Up to 1 year or Tk 5000 (fixed) or both
Up to 6 months or up to Rs 2000 or both
Up to 2 year s or up to Rs 3000 or both
Up to 6 months or up to Rs 1000 or both
Up to 2 years or up to Rs 1000 or both
Up to 6 months or up to S$ 1000 or both
Up to 1 year or up to Rm 5000 or both
Gives false warranty by manufacturer , dealer or importer (new
insertion)
Up to 6 months or Tk 5000 (fixed) or both
Up to 1 year or Tk 10,000 (fixed) or both
Up to 6 months or up to Rs 2000 or both
Up to 2 year s or up to Rs 3000 or both
Up to 6 months or up to Rs 1000 or both
Up to 2 years or up to Rs 1000 or both
Up to 6 months or up to S$ 1000 or both
Up to 1 year or up to Rm 5000 or both
A-11

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
ANNEXURE
Sec 158 D
Proposed:
First Offence:
Subsequent:
India:
First Offence:
Subsequent:
Pakistan:
First Offence:
Subsequent:
Singapore:
Malaysia:
Sec 163
Impersonation
Up to 6 months or Tk 3000 (fixed) or both
Up to 1 year or Tk 5,000 (fixed) or both
Up to 6 months or up to Rs 2000 or both
Up to 2 year s or up to Rs 3000 or both
Up to 6 months or up to Rs 1000 or both
Up to 2 years or up to Rs 1000 or both
Up to 6 months or up to S$ 1000 or both
Up to 1 year or up to Rm 5000 or both
Power to charge certain offenders on the spot (Traffic infringement)
The existing provisions provides a table of traffic related offence (Schedule XII) of the MVO imposing
fixed penalty ranging Tk 5.0 to Tk 100.00 based on the severity of the offence.
The proposed provision provides fixed penalty with lower and higher limit for each offence ranging
from Tk 100 to Tk 500, copy attached in the draft bill.
Section 173A
Empowerment of BRTA to convert rules to regulation (New insertion)
Based on the above mentioned findings, a draft bill for amendment of the MVO 1983 to
address Traffic, Safety and Penal Provisions has been prepared and attached herewith.
A-12

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER I: PRELIMINARY ................................................................................................................ 1
1 Short title, extent and commencement._ ............................................................................... 1
2 Definitions._ ................................................................................................................................... 1
3 Subdivision of vehicle class._ .................................................................................................. 29
4 Obedience to and scope of the Act.- ...................................................................................... 30
5 Effect of headings.- .................................................................................................................... 30
1-i

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
An Ordinance to consolidate and
amend the law relating to motor
vehicles. 1
WHEREAS it is expedient to
consolidate and amend the law
relating to motor vehicles in
Bangladesh:
NOW, THEREFORE, in pursuance of
the Proclamation of the 24th March,
1982, and in exercise of all powers
enabling him in that behalf, the Chief
Martial Law Administrator is pleased
to make and promulgate the following
Ordinance:
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, 2011 (Act No. …of 2011)
Intent.-
An Act to make provisions and to consolidate,
update and amend the law relating to road
transports and traffic.
WHEREAS, it is expedient to make provisions-
(a) to consolidate, update and amend the law
relating to road transports and traffic, for the
regulation of transport and traffic on roads,
and other matters with respect to roads,
vehicles and other traffic theron; and
(b) for the co-ordination and control of means
of facilities for transport and traffic; and
(c) for the co-ordination and control of means of
and facilities for construction, inspection and
maintenance and adaptation of motorized
and non-motorized vehicles; and
(d) for the levy and imposition of taxes, raising
funds for expenditure on roads and facilities
for road transport and traffic; and
(e) for connected matters and purposes, in
Bangladesh;
Proposed a
new law to
replace the
MVO 1983
Modified to
cover all road
transports and
traffic
CHAPTER I
PRELIMINARY
1. Short title and commencement.-
(1) This Ordinance may be called
the Motor Vehicles Ordinance,
1983.
(2) It shall come into force on such
date as the Government may, by
notification in the official Gazette,
appoint
2. Definitions.-
In this Ordinance, unless there is
anything repugnant in the subject
or context,-
It is hereby enacted as follows:-
CHAPTER I: PR E LIMINAR Y
Modified
1 Short title, extent and commencement._
Modified
(1) This Act may be cited as the Road
Transport and Traffic Act, 2011 (Act No . . . .
. of 2011).
(2) It shall extend to whole of Bangladesh.
(3) It shall come into force on the …… day of
……., 2011 or on such date as the
Government may, by notification in the
Official Gazette, appoint.
(4) The Government may appoint different
dates for the coming into force of different
Parts and provisions of this Act.
Definitions
2 Definitions._
highlighted as
In this Act unless there is anything bold relates to
repugnant in the subject or context,
the terms
contained in the
present draft,
others under
consideratiion
will be taken up
in the final draft
(1) “accident" means a mishap or an Inserted new
1-1

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
occurrence of incidence caused by or
arising out of the use of a motor vehicle or
vehicles, on a road or in a public place,
whereby death or grievous injury or injury
is caused to any person in body or animal,
or damage to any property, vehicle, or
structure;
(2) (2) “Act” means the Road Transport and
Traffic Act, 2011 (Act No.……of 2011);
(3) (3) “additional tax” means, a sum which
is equal to the difference between the tax
initially paid in respect of a vehicle, and
the tax which is payable in respect of such
vehicle is higher, after it has been so
altered;
(4) (4) "agricultural vehicle" means a motor
vehicle or trailer which is designed
constructed or adapted or intended
primarily as a farm implement for off road
operation and only incidentally operated or
moved upon the highways and
predominantly used for the purpose of
husbandry, horticulture or forestry and
shall include a power tiller;
(5) (5) "alley" includes a street or road or
highway intending to provide access to the
plots or buildings in the urban areas and
not intended for the purpose of thorough
vehicular traffic;
(6) (6) "ambulance" means a motor vehicle
specially designed and constructed and
not merely adapted for the conveying of
sick and injured persons or for other
medical purposes and fitted with the
equipment needed for the purpose;
Inserted new
Inserted new
cosequent to
the proposal for
the repeal of
the MV Tax Act
1932
Inserted new
Inserted new
Inserted new
(7) (7) "animal" includes cattle; Inserted new
(8) (8) “appointed day” means such day, as Inserted new
the Government may, by order published
in the official Gazette appoint, for the
coming into force of this Act or any part or
any provisions therof, or any rules or
regulations made there under;
(9) (9) "Armed Forces" means the Inserted new
Bangladesh Army, Navy and the Air force
and shall include the civilian component of
such forces;
(10) (10)"arterial road" means the major Inserted new
highway, road or street or other radial or
circumferential, highway, road or street
designated by any highway authority or
local authorities within their respective
jurisdictions as part of a major arterial
system of streets or road or highways;
(11) (11) "articulated bus" means a bus Inserted new
consisting of two or more rigid sections
with access between the sections so that
passenger carried by it can at all time
1-2

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(1) “assembler” in respect of a motor
vehicle, means an authorised
establishment of the maker or
manufacturer where different
parts of a motor vehicle are
assembled together and where
a particular brand of motor
chassis is produced under the
authority of the maker or
manufacturer, whether a body
has been fastened to the
chassis or not and whether the
establishment performs any
other functions in favour of the
maker or manufacturer or not;
(1a) “Authority” means the
Bangladesh Road Transport
Authority established under
section 2A;]
pass from one to another and so
constructed that the sections cannot be
divided from one another without the use
of facilities normally available at a motor
workshop;
(12) (10) "articulated vehicle" means a motor
vehicle with trailer so attached that part of
the trailer is super imposed on the drawing
vehicle (prime mover) and when the trailer
is uniformly loaded a part of the weight of
the trailer and its load is borne by the
drawing vehicle;
(13) (11) "assembler" in respect of a motor
vehicle, means an authorised
establishment of the maker or
manufacturer duly licensed or registered
by the Authority or any other prescribed
authority under section 180 where
different parts of a motor vehicle are
assembled together and thereby a
particular brand of motor chassis is
produced under the authority and
technical collaboration of the maker or
manufacturer, whether a body has been
fastened to the chassis or not and whether
the establishment performs any other
functions in favour of the marker or
manufacturer or not and shall include a
vehicle body builder;
(14) (11a)“association" means an association
of owners of bus, truck or any other public
vehicle, registered under the Trade
Organization Ordinance, 1961 (XLV of
1961) to operate respective services”
(15) (12) "authorized officer" means any
officer or person specially authorised by
the Government or by the Authority or by
a competent authority for the purpose or
the matter in question;
(16) (13) "Authority" means the Bangladesh
Road Transport Authority established
under section 7;
(17) (14) "auto-rickshaw" means a private
passenger vehicle with three wheels
constructed or adapted or used for the
carriage of not more than three persons
excluding the driver;
(18) (15) "auto-tempo" means a passenger
vehicle with three wheels the registered
laden weight of which does not exceed
1500 kilograms, constructed, adapted or
used for the carriage of not more than
eight passengers excluding the driver;
(19) (16) "axle" means a bar or spindle which
supports a motor vehicle or trailer and on
or with which wheels of the motor vehicle
or trailer which are in contact with the
Inserted new
Modified
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
1-3

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(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;
(2a) “bus” includes a mini-bus,
microbus and an large bus;]
ground turn;
(20) (17) "axle weight" means in relation to an
axle of a vehicle, the total weight
transmitted by all the wheels attached to
that axle to the surface whereon the
vehicle rests;
(21) (18) "baby taxi" means a taxi cab with
three wheels and seats for not more than
three passengers excluding the driver;
(22) (19) “battery” means a piece of
apparatus or equipment consisting of a
group of electric cells connected together
for producing electricity for use in a motor
vehicle or for the operation of a motor
vehicle;
(23) (20) "bicycle" means a vehicle having
two tandem wheels propelled by human
power acting on the pedals upon which
any person may ride;
(24) (21) “BPC” means the Bangladesh Penal
Code, 1860 (Act No XLV of 1860)
(25) (22) "bridge" includes flyovers, culverts,
tunnels and causeways;
(26) (23) "bus" means a passenger vehicle
with a manufacturer's rated seating
capacity of eight or more passengers
excluding the driver and includes a microbus,
minibus, a large bus, an articulated
bus and a trolley bus;
(27) (24) "caravan" means a trailer or a semitrailer
or any structure affixed to the
vehicle which is designed, constructed or
adapted and equipped for use off roads
and primarily used as living
accommodation or dwelling place or
sleeping place by one or more persons or
for office accommodation either
permanently or temporarily and which
carries no merchandise goods or burden
except those needed by the persons living
therein for the purpose of their residence
in the vehicle;
(28) (25) "carriageway" means a portion of a
highway improved, designed or ordinarily
used for vehicular traffic and includes any
shoulders and areas both at the sides or
centre of the carriageway used for the
standing or parking of vehicles and, if a
highway has two or more portions divided
by a reservation, means each portion
separately;
(29) (26) “cart” includes a wagon, handcart or a
trolley used or constructed or adapted for
the carriage of goods;
(30) (27)"cattle" includes oxen, bulls, cows,
horses, camels, mules, donkeys, sheep,
Modified
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
Modified as
underlined
Inserted new
Inserted new
Inserted new
Inserted new
1-4

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
goats, swine and any domestic or pet
animal ;
(31) (28) "centre" in respect of a carriageway,
means:
Inserted new
(3) “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 the provisions
of Chapter IV;
(a) a line or a series of lines, marks or other
indications placed at or near the middle of
the carriageway; or
(b) (b in the absence of lines, marks or other
indications, the middle of the main
travelled portion of the carriageway;
(32) (29)"certificate of fitness" in relation to a
motor vehicle means the vehicle to which
it relates, for the time being complies with
the requirements of the Act and the rules
and regulations made thereunder and any
other requirements which may be
specified by the Authority from time to
time;
(33) (30)"certificate of registration" means
the certificate issued by a registering
authority under section 102 of the Act, to
the effect that a motor vehicle has been
duly registered in accordance with the
provisions of the Act;
Inserted new
Modified
(34) "city traffic engineer” means, unless the Inserted new
context otherwise refers, the Chief
Engineer of the respective city corporation
or the paurashova or the department
having jurisdiction over the roads or the
highways or the area or any other
engineer designated as such or appointed
for the purposes;
(35) (31)"cognizable offence" means any Inserted new
offence for which a police officer or any
other officer is authorized to arrest any
person without warrant or an offence
which is punishable with imprisonment for
one year or more under the Act ;
(36) (32)"combination of vehicle" means Inserted new
coupled vehicles or trailers which travel on
the road as a unit;
(37) (33)"commercial motor vehicle" Inserted new
includes a public vehicle, a private carrier
vehicle or a motor vehicle used or
operated under a permit or franchise or
operator’s license or a motor vehicle used
in the course of any trade or business;
(38) (34)“company" includes any company Inserted new
formed and registered under the
Companies Act 1994 (Act No 18 of 1994),
or any company formed under any other
law in force, or any corporation
incorporated by law, or and any firm or
partnership recognized as such by the
Authority or by the Govrrnment;
(39) (35)"component part" means each part Inserted new
1-5

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(4) “conductor” in relation to a
stage carriage or a contract
carriage, means a person
engaged in collecting fares from
passengers, regulating their
entrance into, or exit from, the
stage carriage or contract
carriage and performing such
other functions as may be
prescribed;
(5) “conductor's licence” means the
document issued by a
competent authority under
Chapter III authorising the
person specified therein to act
as a conductor;
(6) “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:
(i) on a time basis whether or
not with reference to
any route or distances,
or
(ii)
from one point to
another,
(iii) and in either case
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
contained in or upon a motor vehicle,
including the engine or motor; the
transmission or the axle; the chassis
frame or load bearing major structural
equivalent thereof, any door, hood, deck
lid, hatch or tailgate; any bumpers any
fender or panel; a cargo compartment or
passenger compartment floor; and any
motor cycle frame, front fork or crankcase
and shall include such parts of a nonmotorized
vehicle unless inapplicable;
(40) (36)"conductor" in relation to a stage
carriage or a contract carriage, or any
other public service vehicles means a
person engaged in doing all or any of the
activities such as collecting fares from
passengers, regulating their entrance into,
or exit from, the stage carriage or contract
carriage and performing such other
functions as may be prescribed or
specified by the Authority whether as a
paid employee or not;
(41) (37)“conductor's license" means a
vocational license issued by a licensing
authority under the Act authorizing the
person specified therein to act as a
conductor;
(42) (38)"container" means an article of
equipment, not being a motor vehicle or
trailer, having a volume of at least 8 cubic
metres, constructed wholly or mostly of
metal and intended for repeated use for
the carriage of goods or burden;
(43) (39)"contract carriage" means a motor
vehicle (includes a motor cycle) 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:
(i)
(ii)
(iii)
on a time basis whether or not with
reference to any route or distances, or
from one point to another, and
in either case without stopping to pick up
or set down along the line of route
passengers not included in the contract;
and includes a maxicab and a taxi cab
notwithstanding that the passengers may
pay separate fares;
Modified
Modified
Inserted new
Modified
1-6

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
may pay separate
fares;
(7) “curb” includes the boundaries
of the roadway whether marked
by curb stone or not so marked;
(8) “dealer”, in respect of a motor
vehicle, means authorised
agent or establishment of the
maker or manufacturer or
assembler that deals in motor
vehicles or in their spare parts
and also performs any other
functions in favour of the maker
or manufacturer or the
assembler;
(44) (39a) “co-operative society” means any
co-operative society of owners of bus,
truck or any other public vehicle,
registered or deemed to have been
registered under the Co-operative
Societies Act, 2001 (Act 47 of 2001), or
under an Act of Parliament governing
registration of Cooperative Societies to
operate a public transport service;
(45) “crane” means, a mobile crane, that is, a
machine mounted on a vehicle which is
designed and equipped with a winder,
wire ropes, or chains and sheaves and
generally used for moving or hoisting
heavy objects or a load, typically by
suspending them by means of hooks or
blocks through ropes from a pivoted
projecting arm or beam or jib, operated by
means of manual, mechanical or electrical
or magnetic power, and shall include a
wrecker used for such purposes;
(46) (40) "curb or kerb" includes the
boundaries of the roadway whether
marked by curb or kerb stone or not so
marked;
(47) (41) "dealer" in respect of a motor
vehicle, means the maker or the
assembler or any authorised agent or
establishment of the maker or
manufacturer or assembler, or the
importer of motor vehicles or parts thereof,
registered or licensed by the Authority or
other prescribed authority under section
180 or 181, in the business of buying,
selling or exchanging motor vehicles or in
their parts whether new or used registered
or licensed as such by the Authority and
also performs any other functions in
favour of the maker or manufacturer or the
assembler or any other person or
organisation in the business of buying,
selling or exchanging motor vehicles or
their parts whether new or used registered
or licensed as such by the Authority;
(48) (42) "delivery van" means a delivery
vehicle with closed body (not merely
covered);
(49) (43) "delivery vehicle" means any goods
vehicle the registered laden weight of
which does not exceed 2500 kilograms;
(50) (43a) “demerit points” means the points
assigned against an offence specified in
the schedule to the Act for awarding to the
person convicted for the said offence;
(51) (44) "drive" means to drive, operate, or
be in actual physical control of a vehicle
Inserted new
Inserted new
Modified
Inserted new
Inserted new
Inserted new
Inserted new
1-7

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(9) “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;
(10) “driving license” means the
document issued by a
competent authority, authorising
the person specified therein to
drive a motor vehicle or a motor
vehicle of any specified class or
description;
and in relation to a cattle means the
person in charge or control of the cattle;
(52) (45) "driver" in relation to a vehicle
means every person who drives or is in
actual physical control of a vehicle and
includes the rider of a bicycle and any
person propelling or pulling a rickshaw or
a cart and in relation to a cattle means the
person in charge or control of the cattle
who drive or lead the cattle;
(53) (46) "driver training school or school of
motoring" means any business or
non¬profit enterprise for the education
and training of persons, either practically
or theoretically, or both, in the driving of
motor vehicles, for which a consideration
or tuition is charged;
(54) (47) “driving examiner" means any
officer of the Authority or any other person
appointed or authorised by the authority to
test the driving competence and relevant
knowledge of a person for the purpose of
issue to him a driving license or for
carrying out any other purposes under the
provisions of this Act or any rules or
regulations made thereunder;
(55) (48) "driving instructor" means any
person, whether acting for himself or
herself as operator of a driver training
school or acting for any such school for
compensation, or who teaches, conducts
classes or, gives demonstrations to, or
supervises practice of, persons in the
driving of motor vehicles for a fee or
reward whether on a road or premises;
(56) (49) "driving instructor certificate"
means a document issued by a licensing
authority, authorising the person specified
therein to work as a driving instructor for a
motor vehicle of any specified class or
description, for the term and subject to
any conditions as may be prescribed or
specified by the Authority;
(57) (50) "driving license" means the
document issued by a licensing authority,
authorising the person specified therein to
drive, a motor vehicle or a motor vehicle of
any specified class or description, either
as a professional or a non-professional
driver or to drive any non-motorized
vehicle;
(58) (51) "dual purpose vehicle" means a
motor vehicle, the registered laden weight
of which does not exceed 5000 kilograms,
constructed or adapted for the carriage
both of passengers and goods;
(59) (52) “educational institution bus”
means a bus, which is owned either on
Modified
Inserted new
Inserted new
Inserted new
Inserted new
Modified
Inserted new
Inserted new
1-8

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
purchase or on donation or on hire or
under an agreement for hire, by a college,
school or other educational institution and
used solely for the purpose of transporting
students or staff of the educational
institution in connection with any of its
activities;
(60) (53) "emergency vehicle" means
(a) a vehicle or apparatus being used by a fire
brigade on urgent fire brigade duty; or
(b) a fire-fighting vehicle or apparatus of any
other organisation being used for urgent
fire-fighting duty; or
(c) an ambulance
Inserted new
(i) conveying sick or injured persons to a
place of medical treatment; or
(ii) conveying emergency supplies,
equipment or personnel to a site where
those supplies, equipment or personnel
are or may be urgently required for the
treatment of sick or injured persons; or
(d)
(e)
(f)
(g)
a vehicle being used to obtain or convey
blood or other supplies, drugs or
equipment for a person, injured or sick,
urgently requiring treatment; or
a vehicle being used to convey an officer
of the Police Department or the Authority
or any other authority engaged in
connection with the enforcement of this
Act or any rules and regulations made
there under or under any other law for the
time being in force or engaged in the
discharge of any emergency duties or
emergency service and recognised as
such; or
any particular vehicle designated as such
by any appropriate authority of the
government;
a vehicle being used to convey a member
of the Armed Forces engaged in
connection with emergency service;
Provided that all such vehicles use a siren, bell,
or repeater horn as a warning device
(61) “employ” means engage, appoint or hire
some one for a work or a job,either
temporarily or on regular basis, whether
as a paid employee or not;
(62) (54) "employer" means any person or
firm or company including the government
and its agencies who owns, operates or
leases a motor vehicle or employ a person
to drive such a vehicle or work in such a
vehicle as a paid employee;
(63) (55) "essential parts" includes all integral
and body parts of a vehicle of a type
required to be registered there under, the
Inserted new
Inserted new
Inserted new
1-9

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(11) “express carriage” means a
motor vehicle used for carrying
or adapted for carrying
passengers for hire or reward at
separate fares where none of
the fare shall be for less than
twenty miles and where the
vehicle shall not stop to pick up
passengers at any stoppage
less than twenty miles from the
previous stoppage unless
otherwise specified by the
Transport Authority;
(12) “fares” includes sums payable
for a season ticket or in respect
of the hire of a contract
carriage;
removal, alteration or substitution of which
would tend to conceal the identity of the
vehicle or substantially alter its
appearance, model, type or mode of
operation;
(64) (56) "express carriage" means a motor
vehicle used for carrying or adapted for
carrying passengers for hire or reward at
separate fares, where none of the fare
shall be for less than fifty kilometres and
where the vehicle shall not stop to pick up
passengers (but may drop if desires by
the passenger) at any stoppage less than
fifty kilometres from the previous stoppage
unless otherwise specified by the authority
granting the permit or franchise specially
for an urban or built up area;
(65) (57) "fares" include sums payable for a
ticket to travel by a stage carriage or by a
service bus or in respect of the hire of a
contract carriage which includes a taxi cab
and a rental vehicle;
(66) (58) "fire brigade" means an organisation
or an association of persons formed with
the approval of the Government for the
purpose of extinguishing fires;
(67) (59) "fleet operator" means an operator,
who has under his control at least fifty or
more vehicles of the type and
specifications, required for a road
transport service on a particular route or
area;
(68) (60) "footpath" or sidewalk" means a
lane or other portion of a road provided
between the kerb lines or the lateral line of
a roadway, and the adjacent property lines
intended solely for the use of pedestrians
or habitually used by pedestrians and not
by vehicles;
(69) (61) “fore car” means a small car or carrier
attached on to the front side of a motor
cycle, usually for one passenger, the other
side being supported by a single wheel;
Modified
Modified
Inserted new
Inserted new
Inserted new
Under
consideration
(70) (62) "foreign driving license" means a
driving permit issued under any
conventions to which Bangladesh is a
party or a driving license issued by an
appropriate authority in another country
between which and Bangladesh there is in
force a treaty for the recognition of driving
licenses or permits issued in the countries
which are parties to the treaty;
(71) (63) "give way" means to allow a vehicle
or a person to continue on course without
risk of collision or creating a dangerous
situation as the case may be;
Inserted new
Inserted new
1-10

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(13) “goods” includes 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;
(14) “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;
(72) (64) "goods" includes any property, livestock,
and any other thing (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;
(73) (65) "goods vehicle" means any motor
vehicle or trailer designed, constructed or
adapted maintained or used primarily for
the carriage or haulage of goods, or any
motor vehicle or trailer not so constructed
or adapted when used for the carriage or
haulage of goods solely or in addition to
passengers;
(74) (66) "Government" for the purpose of this
Act means the Government in the Ministry
of Communications and shall include any
other ministry if the subject matter falls
under the jurisdiction of the other ministry,
as appropriate;
(75) (67)"Government transport
undertaking" means any undertaking
providing road transport service, where
such undertaking is carried on by or on
behalf of,-
(i) the Government or;
(ii) any Road Transport Corporation
established under any law for the time
being in force;
(iii) any municipality or any city corporation or
any company owned or controlled by the
Government; or
(iv) any other similar local authority.
Explanation. For the purposes of this subsection,
"road transport service" means a
service provided by motor vehicles in carrying
passengers or goods or both by road for hire or
reward.
(76) (68) “grievous hurt or serious injury”
means any of the grievous hurt or injury
described in section 320 of the
Bangladesh Penal Code, 1860 (Act No
XLV of 1860) caused to a person in body
by driving a motor vehicle or any other
vehicle;
(77) (69) "gross vehicle weight" means the
total weight of a vehicle without load plus
the weight of any load thereon or the load
for which it is intended;
(78) (70) "heavy articulated vehicle" means an
articulated truck or prime mover with
heavy trailer combination, the train weight
Inserted new
Inserted new
Inserted new
Under
consideration
Under
consideration
1-11

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(15) “heavy motor vehicle” means a
transport vehicle
4
[ * * *]
registered laden weight of
which, or a motor car, tractor,
road roller or a locomotive the
unladen weight of which,
exceeds 14,500 pounds
avoirdupois;
(15a) “helper-cum-cleaner”, in
relation to a transport vehicle,
means a person engaged to
assist the driver or the
conductor in performing his
functions and also to clean a
motor vehicle;]
of which is more than twenty two tones;
(79) (71) "heavy motor vehicle" means a
motor vehicle or a motor vehicle and
trailer combination the registered laden
weight or the train weight of which or a
locomotive or a road roller the unladen
weight of which exceeds 12000 kilograms;
(80) (72) "helper-cum-cleaner", in relation to
a transport vehicle or any other motor
vehicle, means a person engaged as a
paid employee to clean a motor vehicle
and perform other associated functions
whether or not assist the driver or the
conductor in performing his functions;
(81) (73) "highway" means-
(a) a street, road, lane, bridge, thoroughfare
or other place open to or used by the
public for the purposes of vehicular travel
and includes every carriageway, footpath,
traffic island, nurture stripe and any area
provided to separate vehicular traffic on
any such street, road, lane, bridge,
thoroughfare or other place; and
(b) any place that is a highway by virtue of a
declaration made by the highway authority
or any other competent authority;
(82) (74) "highway authority" means the
body established as such by the
Government or any other authority legally
responsible for the construction, care and
management of the highway;
(83) (76) "identification number" includes
any numbers, letters, symbols or
combination thereof assigned by the
manufacturer and placed on a vehicle or
vehicle part for the purpose of identifying
the vehicle or the component part and any
such number placed on a vehicle or a
component part at the direction of the
Authority in accordance with the
provisions of this Act or any rules or
regulations made there under;
(84) (75) "immobilization device" means any
device or appliance designed or adapted
to be fixed to a vehicle for the purpose of
preventing it from being driven or
otherwise put in motion, being a device or
appliance of a type approved by the
Authority for use for that purpose in
accordance with this section;
(85) (76A) “importer” means a person or a
firm, engaged in the business of importing
a motor vehicle or trailer, whether new or
used, or any equipment, or parts of a
motor vehicle, for sale or deliver an
imported motor vehicle or trailer or any
Modified
Modified
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
1-12

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(16) “inter section” includes the area
bounded by side line, real or
projected, of two or more public
roads which meet or cross each
other;
(17) “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;
(30) “omni bus” means any motor
vehicle constructed, adapted or
11
used to carry more than [
thirty] persons excluding the
driver;
equipment, or parts thereof for sale but
excludes the person who imports any
vehicle for own use;
(86) (77) "indivisible load" means a load which
cannot without undue expense or risk of
damage be divided into two or more loads
for the purpose of conveyance on a road;
(87) (101) “injury” means any harm or injury
which is not grievous or serious, caused to
a person in body by driving a motor
vehicle;
(88) (78) "Inspector of Motor Vehicles"
means an officer of the Authority or any
other person appointed as such by the
Authority or at least equally qualified any
other officer of the Authority or other
person authorized to exercise the power
and discharge the functions of an
Inspector of Motor Vehicles under the Act
and the rules and regulations made there
under;
(89) (79) "inter-section" includes the area
bounded by side line, real or projected, of
two or more public roads which meet or
cross each other at any angle within which
vehicles travelling upon different highways
may come in conflict but does not include
the junction of an alley with a street or
highway;
(90) (80) "invalid carriage" means any self
propelled vehicle or a motor vehicle
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;
(91) (81) "junk vehicle" means any vehicle
which is incapable of operation or use on
the highways and which has no resale
value except as a source of parts or scrap;
(92) (82) "label or sticker" means a label or
sticker displayed on the windshield glass
or in any other conspicuous place of a
vehicle indicating validation of certificates,
token, permit for the purpose of the Act;
(93) (83) "lane" means a roadway which is
divided into two or more clearly marked
lanes for vehicular traffic;
(94) "large bus" means a passenger vehicle
constructed, adapted or used to carry
more than thirty persons excluding the
driver
Inserted new
Inserted new
Inserted new
Modified
Modified
Inserted new
Inserted new
Inserted new
Modified
(95) (84) “learner driver” means a person Inserted new
1-13

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(18) “Licensing authority” means an
officer or authority prescribed by
regulations to grant licences
under this Ordinance;]
(19) “light motor vehicle” means a
transport vehicle 7 [ * * *] the
registered laden weight of
which, or a motor car or tractor
the unladen weight of which,
does not exceed 6,000 pounds
avoirdupois;
(20) “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;
(21) “maker or manufacturer”, in
respect of a motor vehicle,
means an establishment where
who receives instructions in driving or
practices driving a motor vehicle under the
supervision and control of a driving
instructor or a person holding a valid
driving license whether on payment or not;
(96) (85) "learner driving license" means a
document issued by a licensing authority
to a person receiving instruction in driving
a motor vehicle for the term and subject to
any conditions as may be prescribed or
specified by the licensing authority;
(97) (86) "licensing authority" means the
Authority or the RTO or any other
prescribed officer or authority, appointed
by the Authority, by notification in the
official Gazette, to exercise and discharge
through out the region or such areas as
may be specified in the notification,
powers and functions conferred or
imposed on a licensing authority by or in
pursuance of this Act or any rules or
regulations made there-under;
(98) (87) "light articulated vehicle" means an
articulated truck or prime mover with three
axles or any other articulated truck or
prime mover with heavy trailer
combination, the train weight of which is
not more then twenty two tonnes;
(99) (88) "light motor vehicle" means a motor
vehicle or a motor vehicle and trailer
combination, the registered laden weight
of which or a tractor or a road roller, the
unladen weight of which does not exceed
7500 kilograms;
(100) (89) "loading zone" means a space
reserved for the exclusive of vehicle
during the loading or unloading of goods
or passengers;
(101) (90) “local authority" means the local
district authority, the local police authority,
the local traffic police authority, the local
city corporation or paurashava authority or
the local highway authority or any other
authority empowered in this behalf by the
Government or by the Authority;
(102) (91) "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 7500 kilograms;
but does not include a road-roller;
(103) (92) "maker or manufacturer", in respect
of a motor vehicle, means an
establishment registered as such by the
Inserted new
Modified
Inserted new
Modified
Inserted new
Inserted new
Modified
Modified
1-14

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
one or more major parts, or all
parts are manufactured and
where a complete chassis of a
motor vehicle is produced in the
name of a particular brand
whether a body has been
fastened to it or not and where
the establishment reserves all
rights of products;
(22) “medium motor vehicle” means
any motor vehicle other than a
motor cycle, invalid carriage,
light motor vehicle, heavy motor
vehicle or a road roller;
(22a) “micro-bus” means any motor
vehicle constructed or
adapted or used to carry not
less than eight and not more
than fifteen persons excluding
the driver;
(23) “mini bus” means any motor
vehicle constructed or adapted
or used to carry not more than
9
[ thirty] persons excluding the
driver;
Authority or other prescribed authority
under section 180, where one or more
major parts, or all parts of a motor vehicle
are manufactured and where a complete
chassis of a motor vehicle is produced in
the name of a particular brand whether a
body has been fastened to it or not and
where the establishment reserves all
rights of products and includes a person
who is engaged in the manufacture of
motor vehicles;
(104) (93) "maker's certificate" means a
certificate issued by the manufacturer or
under the authority of the manufacturer by
the assembler or by a registered dealer in
such vehicles, or by any other prescribed
authority, to the effect that the vehicle to
which the certificate relates complies with
the requirements of the Act and the rules
and regulations made thereunder and the
relevant requirements of type approval,
and registration and that the identification
numbers and the markings of the vehicle
are true;
(105) (94) "maxicab" means any motor vehicle
constructed or adapted to carry more than
six passengers, but not more than fifteen
passengers, excluding the driver, for hire
or reward and shall include a human
hauler;
(106) (95) "medium motor vehicle" means a
motor vehicle which is not a light motor
vehicle or a heavy motor vehicle;
(107) (96) “members of the forces” means a
member of the Armed Forces, Bangladesh
Police Force, Border Guards of
Bangladesh and such other forces and the
visiting forces lawfully present in
Bangladesh and shall include the member
of a civilian component of such forces;
(108) (97) “metropolitan area" means any
area so declared by the Government;
(109) (98) "micro-bus" means a passenger
vehicle constructed or adapted or used to
carry not less than eight and not more
than fifteen persons excluding the driver;
(110) (99) "mini-bus" means a passenger
vehicle constructed or adapted or used to
carry not more than thirty persons
excluding the driver;
(111) (100) “Minister” means, unless the
context otherwise requires, the Minister
responsible for road transport and traffic
Inserted new
Inserted new
Modified
Inserted new
Inserted new
Inserted new
1-15

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(24) “motor cab” means any motor
vehicle constructed, adapted or
used to carry not more than six
passengers excluding the
driver, for hire or reward;
(25) “motor car” means any motor
vehicle other than a transport
vehicle, locomotive, road roller,
tractor, motor cycle 10 [ * * *] or
invalid carriage;
(26) “motor cycle” means a two
wheeled motor vehicle, the
unladen weight of which
inclusive of the unladen weight
of any detachable side car,
having an extra wheel, attached
to motor vehicle does not
exceed 1,200 pounds
avoirdupois;
(27) “motor vehicle” means any
mechanically propelled vehicle
adapted for use upon roads
whether the power of propulsion
is transmitted thereto from an
external or internal source and
includes a chassis to which a
body has not been attached
and a trailer; but does not
include a vehicle running upon
fixed rails or used solely upon
the premises of the owner;
matters/system and shall include any
other Minister if the subject matter falls
under the jurisdiction of the other ministry,
as appropriate;
See taxicab
(112) (102) "motor car" means a passenger Modified
vehicle not being an invalid carriage,
motor cycle, an auto-rickshaw, a baby
taxi, an auto-tempo, a maxicab or a taxi
cab used to carry not more than seven
persons exclusive of the driver, the
unladen weight of which does not exceed
3500 kilograms;
(113) (103) "motor cycle" means a two Modified
wheeled motor vehicle having a seat or
saddle for the use of the rider and copassenger,
designed to travel on not more
than three wheels including any
detachable side or fore car, having an
extra wheel, the unladen weight of which
inclusive of the unladen weight of any
detachable side car or fore car, attached
to the motor vehicle does not exceed 500
kilograms;
(114) (104) "motor vehicle" means a vehicle, Modified
carriage or other means of conveyance,
which is propelled by means of
mechanism, contained within itself,
whether the source of power is
mechanical, electrical or other and which
is designed, constructed or adapted or
intended for use or capable for use on a
road or in a public place and includes a
chassis to which a body has not been
attached and a trailer, but does not
include a vehicle running upon fixed rails
or a vehicle for exclusive use in a factory
or in any other enclosed premises, or a
vehicle having less than four wheels, fitted
with a battery operated engine, or an
engine, capacity of which does not exceed
twenty-five cubic centimetres or
equivalent, or a vehicle run by human or
animal power;
(115) (104a) “Motor Vehicle Authorization Inserted new
Certificate” means an Authorization
Certificate granted under Chapter V of the
Act, to the person or body of persons or
an organization including Government
offices, specified therein to own or
possess, keep, register, maintain and use
the motor vehicle(s) of the class, type or
description given there at for the period
specified therein;
(116) (105) "motor workshop" means any Inserted new
1-16

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(29) “non professional driving
licence” means a driving licence
issued by a competent
authority, authorising the
person specified therein to drive
a light motor vehicle otherwise
than as a paid employee or to
drive a vehicle other than a
transport vehicle;
(31) “one way traffic” means a
vehicular traffic restricted in one
direction;
place or shop or building or premises or
establishment within which different parts
of motor vehicles are repaired or
manufactured or where body of a motor
vehicle is built or repaired or where any
work relating to the painting or denting or
replacing or fixing of such parts are done;
(117) (106) "non-motorized vehicle" means
any vehicle other than a motor vehicle or a
vehicle running upon fixed rails, designed,
constructed, intended or adapted for use
on a road or a highway or in a public place
whether run by human or animal power
and includes a bicycle, a rickshaw, cart,
bullock cart, push cart and hackney
carriage and such other vehicle; and also
includes a vehicle having less than four
wheels, fitted with a battery operated
engine, or an engine, capacity of which
does not exceed twenty-five cubic
centimetres or equivalent;
(118) (106a) "non-motorized traffic" includes
non-motorized vehicles of every
description, pedestrians, processions,
ridden or herded animals, and all such
other forms of road traffic using any road
or highway for the purpose of travel;
(119) (108) "non-professional driving
license" means a driving license issued
by a licensing authority, authorising the
person specified therein to drive a light
motor vehicle of a type or class otherwise
than as a paid employee;
(120) (109) “officer” means an officer of the
Authority or the Road Transport
Department or any other public body;
(121) (110) "official traffic control device"
means all signs signals, markings and
devices not inconsistent with this Act or
any national traffic sign manual adopted
under section 186 of this Act, placed or
erected under the authority of this Act for
the purpose of regulating, warning or
guiding traffic;
(122) (113) "operator" in respect of a
commercial motor vehicle means the
owner or an association or a company or
a statutrory corporation, or a co-operative
society or a fleet operator, or a
Government transport undertaking, or any
road transport undertaking recognised in
this behalf by the Authority or by the
Government;
(123) (112) "one way road" means a road or a
carriageway or a highway on which all
vehicles must travel in the same direction
Inserted new
Inserted new
Modified
Inserted new
Inserted new
Inserted new
Modified
1-17

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(32) “owner” includes, where the
person in possession of a motor
vehicle is a minor, the guardian
of such minor, and in relation to
a motor vehicle which is the
subject of a hire- purchase
agreement, the person in
possession of the vehicle under
that agreement, and the person
holding power of attorney;
(33) “parking zone” means the
places determined by the
competent authority where
motor vehicles may stand either
indefinitely or for a specified
period of time;
(34) “pedestrian” means all persons
making use of public road or
highways for foot passage;
(35) “pedestrian crossing” includes
that portion of a public road
clearly indicated for pedestrian
crossing by appropriate marking
and signs and the extension of
the side walk space across the
intersecting streets;
(36) “permit” means a document
issued by a Transport
(124) (114) "owner" in relation to a motor
vehicle means a person having title to the
vehicle and in whose name the motor
vehicle stands registered and includes,
where such person is a minor, the
guardian of such minor, and in relation to
a motor vehicle which is the subject of an
agreement for hire or hire purchase, or an
agreement of lease, or an agreement of
hypothecation, or conditional sale or loan,
means the person in possession of the
vehicle under that agreement, and the
person holding power of attorney during
the life time of the person having title to
the vehicle;
(125) (115) "park" or "parking" means the
bringing of a motor vehicle to a stationary
position and causing it to wait or stand for
any purpose other than that for actual or
immediate loading or unloading of any
goods or luggage or persons;
(126) (116) "parking place or parking zone"
means the places determined by the
competent authority where motorized or
non-motorized vehicles or any specified
class of vehicles may stand either
indefinitely or for a specified period of time
whether on payment or not;
(127) (117) “passenger” in relation to a public
service vehicle or a goods vehicle or a
private vehicle or any vehicle for hire or
reward and if the context so requires
inrespect of a non-motorized vehicle
means the driver or conductor or any
ticket inspector or any attendant or person
required by law to be carried on such
vehicle;
(128) (118) "passenger vehicle" means a
motor vehicle constructed, adapted or
used solely for the carriage of passengers
and their effects and includes an autorickshaw,
auto- tempo, a baby taxi, bus,
motor cycle, motor car, maxicab, taxi cab
and such other vehicle;
(129) (119) "pedestrian" means all persons
making use of a footpath, or a public road
or highways for foot passage;
(130) (120) "pedestrian crossing or cross
walk" includes that portion of a public
road or carriageway at an intersection or
elsewhere clearly indicated for pedestrian
crossing by appropriate lines or other
markings and signs and the extension of
the side walk space across the
intersecting streets;
(131) (121) "permit" means a document issued
by the Authority or by a Regional
Modified
Inserted new
Modified
Inserted new
Inserted new
Inserted new
Modified
Modified
1-18

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
Committee authorising the use
of a transport vehicle as an
express carriage, or a contract
carriage, or a stage carriage, or
authorising the owner as a
private carrier or public carrier
to use such vehicle;
(37) “prescribed” means prescribed
by 12 [ regulations] made under
this Ordinance;
(38) “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 51;
Transport Authority or by any prescribed
authority in accordance with the provisions
of this Act or of the rules or regulations
made thereunder authorising the use of a
motor vehicle as a transport vehicle; as an
express carriage, or a contract carriage or
a stage carriage, or as private service
vehicle or as dual purpose vehicle or as
special purpose vehicle or as tourist
vehicle or as excursion vehicle or
authorising the owner as a private carrier
or public carrier to use such vehicle and
shall include a temporary permit;
(132) “person” includes the Government, a
public or private body or any company, or
co-operative society or association or
body of persons whether incorporated or
not;
(133) (122) "police officer" includes all persons
employed for police duties in Bangladesh;”
(134) (123) "power tiller" means an agricultural
vehicle, intended or adapted for use
predominantly but not solely for tilling and
associated off road carrying purposes in
the prescribed manner and may comprise
of a two wheel tiller or a tractor with trailer
having registered laden weight not more
than 750 kilograms;
(135) (124) "prescribed" means prescribed by
rules or regulations made under this Act;
(136) (125) "prime mover" or "truck tractor"
means a motor vehicle which is
constructed, designed or adapted for
enacting of a trailer or a semi-trailer but
not so constructed to carry any load in
itself other than the equipment used for
the purpose of propulsion and used
primarily for drawing other vehicles;
(137) (126) "private carrier" means an owner
of a transport vehicle other than a public
carrier who uses that vehicle solely for the
carriage or haulage of goods which are his
property or the carriage or haulage of
which is necessary for the purpose of his
business not being a business of providing
transport, or who uses the vehicle for any
of the purposes as may be prescribed or
specified by the Authority;
Inserted new
Inserted new
Inserted new
Modified
Under
consideration
(138) (127) "private road" or "private driveway" as underlined
means every way or place in private
ownership and used for vehicular travel by
the owner and those having express or
implied permission from the owner, but not
by other persons;
(39) “private service vehicle” means (139) (128) "private service vehicle" means Modified
1-19

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
any motor vehicle constructed
or adapted to carry more than
eight persons excluding the
driver and ordinarily used by, or
on behalf of, the owner of such
vehicle for the purpose of
carrying persons in connection
with his trade or business or
otherwise than for hire or
reward but does not include a
motor vehicle used solely for
the purposes of Government
unconnected with any
commercial enterprises;
(40) “professional driver” means a
driver who drives a transport
vehicle or a heavy motor vehicle
or a medium motor vehicle or
drives any vehicles as a paid
employee;
(41) “professional driving licence”
means a driving licence issued
by a competent authority,
authorising the person specified
therein to drive a transport
vehicle or a heavy motor vehicle
or a medium motor vehicle or
any vehicle as a paid employee;
any motor vehicle constructed or adapted
to carry more than fifteen persons
excluding the driver and ordinarily used
by, or on behalf of, the owner of such
vehicle for the purpose of carrying
persons in connection with his trade or
business or for carrying employees in
pursuance of the terms of contract or
agreement with any organisation or
otherwise than for hire or reward but does
not include a motor vehicle used solely for
the purposes of the Government
unconnected with any commercial
enterprises;
(140) (129) "private vehicle" means any motor
vehicle other than a public vehicle;
(141) "probationer driver" means the holder of
a driving license who is authorized to
continue driving under the close
supervision of a bonafied driver for a
specified period in order to improve his
driving skill;
(142) (130) "professional driver" means a
person who holds a professional driving
license;
(143) (131) "professional driving license"
means a driving license issued by a
licensing authority, authorising the person
specified therein to drive a commercial
vehicle or a medium or a heavy motor
vehicle of a type or class or any vehicle as
a paid employee;
(144) (132) “property” includes any vehicle,
road, bridge, culvert, causeway, structure,
any goods or luggage carried in the
vehicle or domestic animals;
Inserted new
Modified
Modified
Inserted new
(42) “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
(145) (133) "public body" means a body so
established or declared by the
Government;
(146) (134) "public carrier" means an owner of
a transport vehicle who transport 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 purpose of
having their goods transported;
Inserted new
1-20

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
company for the purpose of
having their goods transported;
(43) “public place” means a road,
street, way or 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;
(44) “public service vehicle” means
any motor vehicle used or
adapted to be used for the
carriage of passengers for hire
or reward, and includes a motor
cab, contract carriage, express
carriage, stage carriage and
motor cab rickshaw;
(45) “registered axle weight” in
respect of the axle of any
vehicle, means the axle weight
certified and registered by the
(147) (135) "public place" means a road,
street, way or 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
or a contract carriage;
(148) (136) "public service vehicle" means
any motor vehicle used or adapted to be
used for the carriage of passengers for
hire or reward, and includes a taxi cab,
contract carriage, express carriage, stage
carriage, baby taxi and auto-tempo on
hire;
(149) (137) "public vehicle" means any motor
vehicle or trailer used for hire or reward
and includes a public service vehicle, a
rental vehicle and a vehicle of public
carrier and such other vehicles;
(150) (138) "racing" is defined as the use of
one or more vehicles in an attempt to out
gain, outdistance, or prevent another
vehicles from passing, to arrive at a given
destination ahead of another vehicle or
vehicles, or to test the physical stamina or
endurance of drivers over long distance
driving routes;
(151) (138a)"Region or region" means such
District(s) or Metropolitan area(s) or a part
thereof, as may be specified by the
Authority in the respective notification;
(152) “Regional Transport Authority” in brief
RTA means a body or an officer of the
Road Transport Department or any other
officer or authority appointed as RTA by
notification under sub-section (1) of
section 125 of the Act;
(153) (138b)"Regional Transport Officer" in
brief RTO means any officer of the Road
Transport Department declared as such
an officer by notification in the official
Gazette and who may be delegated
functions of RTA under sub-section (3) of
section 125 of the Act;
(154) (139) “registration mark” means a
registration mark consisting of such
alphabets and numerical as may be
prescribed and assigned by the registering
authority on grant of registration under
sub-section (1) of section 107;
(155) (140) "registered axle weight" in respect
of the axle of any vehicle or combination
thereof, means the axle weight certified
and registered by the registering authority
Modified
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
1-21

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
registering authority as
permissible for the axle;
(46) “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;
(47) “registering authority” means an
officer or authority prescribed by
regulations to register motor
vehicles under Chapter IV;
as permissible for the axle;
(156) (141) "registered dealer" means any
manufacturer or assembler or dealer or
importer of motor vehicles licensed by or
registered with the Authority;
(157) (142) "registered laden weight" means
in respect of any motor vehicle or trailer or
a motor vehicle and trailer combination the
total weight of the vehicle and load
certified and registered by the registering
authority as permissible for that vehicle;
(158) (143) "registered medical practitioner"
means a medical practitioner registered
under the…
(159) (144) "registered owner" means the
person registered as the owner of a motor
vehicle under this Act;
(160) (145) "registering authority" means the
Authority or the RTO or any other
prescribed officer or authority, appointed
by the Authority, by notification in the
official Gazette, to exercise and discharge
through out the region or such areas as
may be specified in the notification,
powers and functions conferred or
imposed on a registering authority by or in
pursuance of this Act or any rules or
regulations made there-under;
(161) (145a) "rental vehicle" means a
motor vehicle (includes a motor cycle),
which is rented out to an individual under
a contract expressed or implied, or an
agreement, for the use of the vehicle as a
whole, for carrying passengers or goods,
at an agreed rate or sum, on a time basis,
whether or not with reference to any route
or distances, or from one point to another,
where the hirer or renter is permitted, to
take and drive the vehicle, if so desires,
and drop the vehicle at a specified centre
or location, and where the renter is liable
to prosecution for any damages, loss or
other violations that occur during the
period of contract where the vehicle is
driven by him;
(162) (146) "repair" means to restore after
dilapidation or injury or decay or partial
destruction or disorder or incorrect
functioning to a sound state or condition;
(163) (147) "rickshaw or rickshaw van or
tricycle" means a three wheeled pedal
vehicle, propelled by human power acting
on the pedals or by electrical power
constructed or adapted for the carriage of
passenger or goods and upon which any
person may ride and includes any such
Inserted new
Inserted new
Inserted new
Modified
Inserted new
Inserted new
Inserted new
1-22

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
vehicle when used exclusively for carrying
goods or in addition to passengers;
(164) (148) “right of way" means the right of
one vehicle or pedestrian to proceed in a
lawful manner in preference to another
vehicle or pedestrian approaching under
such circumstances of direction, speed
and proximity as to give rise to danger or
collision unless one grants precedence to
the other;
(165) (149) "rigid vehicle" means a vehicle other
than an articulated vehicle, in which
normally all the axles are attached to a
single chassis frame;
(166) (150) "road" means any highway or any
other road or street to which the public
has access, and includes a private road or
driveway, and fly-overs, bridges, culverts,
tunnels, footpath, lay-bys, road dividers,
shoulders, terminals (interchanges), ferry
facilities, overpasses, underpasses,
approaches, entrance and exit ramps, toll
plazas, service areas, diversion road and
other structures and fixtures to fully effect
its use;
(167) (151) "road hump" or "speed breaker"
means a section of raised pavement
constructed or placed in or on and across
or partly across a carriageway or highway
to restrict the speed of vehicle along that
carriageway or highway;
(168) (152) “road roller” means a motor vehicle
equipped with heavy wide smooth rollers
for compacting roads and pavements or
for compressing road surfaces during road
making;
(169) (153) "road transport" means any
carriage or conveyance or vehicle
(motorised or non-motorised) or a
combination thereof, intended or adapted
for use off road or on a road or a highway
or a public place other than a vehicle
running upon fixed rails;
(170) (154) "Road Transport Department in
brief RTD" means the Department
established under section 31 of the Act;
(171) (154a) "road transport facilities"
include, besides roads and highways, any
fly-overs, bridges, culverts, tunnels, laybys,
road dividers, terminals
(interchanges), ferry facilities, overpasses,
underpasses, approaches, entrance and
exit ramps, toll plazas, service areas,
stands and halting places, places for
loading and unloading of passengers and
goods, parking places, passenger shed
and other structures and fixtures to fully
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
1-23

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(48) “route” means a line of travel
which specifies the highways,
that may be traversed by a
motor vehicle between one
terminus and another;
(49) “safety zone” means the area or
space specially set apart within
a roadway for the exclusive use
of pedestrians and which is
projected, or is so marked or
indicated by adequate signs as
to be plainly visible at all times;
effect the use of any roads or highways,
(172) (155) "road transport officer" means
any officer of the Authority or any person
appointed or declared as an officer under
section 29 or 30;
(173) (155a) "road transport service" means
any service of carrying goods or
passengers provided by means of a road
transport;
(174) (156) "roundabout or rotary traffic
island" means an arrangement of
structures at an intersection intended to
direct the movement of traffic in one
direction around a traffic island at or near
the centre of the intersection and includes
any part of a carriageway normally used
by vehicles within the roundabout and any
portion of carriageway beyond the
boundary of the intersection which forms
part of the roundabout;
(175) (157) "route" means a line of travel which
specifies the roads or highways, that may
be traversed by a motor vehicle between
one terminus and another;
(176) (158)“regulations” unless the context
suggest different meaning, means the
subordinate law made by the Authority
under the provisions of this Act;
(177) (159) “rules” unless the context suggest
different meaning, means the subordinate
law made by the Government under the
provisions of this Act;
(178) (160) "safety zone" means the area or
space specially set apart within a roadway
for the exclusive use of pedestrians and
which is protected, or is so marked or
indicated by adequate traffic signs as to
be plainly visible at all times while set
apart as a safety zone;
(179) (162) "salvage vehicle" means any
vehicle which is damaged by collision,
accident, fire, flood, trespass or other
occurrences to the extent that the vehicle
is dangerous for use or public safety, or
the cost of repairing the vehicle for legal
operation on the highways exceeds its fair
market value immediately prior to
damage;
(180) “schedule” means a schedule appended
to this Act;
(181) (161) "school bus" means a bus that is
used to transport children to or from
school or in connection with school
activities under a contract, express or
implied, at a fixed or agreed rate or sum,
but does not include a bus operated to
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
Under
consideration
Inserted new
Inserted new
Inserted new
1-24

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
provide scheduled service which
incidentally accept school children as
passengers;
(182) “section” means a section of this Act; Inserted new
(183) (163) "semi-trailer" means a trailer which
is so constructed or adapted to form part
of an articulated vehicle;
(184) (164) “side car” means a small car or
carrier attached on one side to a motor
cycle, usually for one passenger, the other
side being supported by a single wheel;
Inserted new
Inserted new
(50) “silence zone” means the area
or locality so notified by the
competent authority where the
use of sound signals are strictly
prohibited;
(51) “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 stage of the journey;
(185) (165) "silencer" means a contrivance
suitable and sufficient for reducing as far
as may be reasonable the noise caused
by the escape of exhaust gases from the
engine of a motor vehicle;
(186) (166) "silence zone" means the area or
locality so notified by the competent
authority where the use of sound signals
are strictly prohibited;
(187) (167) "special purpose vehicle" means
a motor vehicle of a type which is specially
designed and constructed and not merely
adapted, and used solely for construction,
repair and cleansing of roads, or for
building works or for watering or fire
fighting or lifting or towing or conservancy
or hearses purposes or for use by
disabled or handicapped persons;
(188) "special registering authority" means a
registering authority prescribed or
appointed by the Government for
registration of a motor vehicle of any
diplomatic officer or consular officer or any
other privileged person under sub-section
(1) of section 109;
(189) "special registration mark" means a
registration mark assigned under subsection
(1) of section 109;
(190) (168) "stage carriage" means a bus or
any other passenger 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 stage of
the journey;
Inserted new
Inserted new
Inserted new
(191) (169) "tandem axle" means two Inserted new
consecutive axles the centre of which are
not less than 100 centimetres and not
more than 200 centimetres apart and
which relate to each other through a load
sharing suspension system;
(192) (170) "tank lorry" or "tank vehicle" means Inserted new
1-25

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(55) “tourist vehicle” means a
contract carriage, motor cab,
motor car 14 [ or bus] constructed
or adapted and equipped,
maintained and operated in
accordance with such
specifications as the
Government may, by
notification in the official
Gazette, specify in this behalf;
a goods vehicle specially designed and
constructed to transport any liquid or
gaseous material within a tanl that is
permanently or temporarily attached to a
vehicle or the chassis;
(193) (170A) “tax” means the tax or additional
tax imposed under Chapter this Act;
(194) (171) "taxi cab" means any motor vehicle
constructed, adapted or used to carry not
more than seven passengers excluding
the driver, for hire or reward and is usually
hired under a contract, express or implied,
for the use of each such vehicle as a
whole or for the use of two or more
persons who pay separate fares and
includes a baby-taxi;
(195) (171A) “Taxing Officer" means the
Authority or any officer, person or persons
or agency appointed under section 264A
of this Act;
(196) (172) "tax token" means a token or card
or certificate issued under section . . . . by
the Taxing Officer or any other authorised
officer on receipt of any tax imposed or
levy able from a motor vehicle;
(197) (173) "temporary permit" means a
provisional permit or a permit issued on
special occasion or under special
circumstances or to meet a particular
temporary need or issued pending
decision on an application for a permit;
(198) (173a) “travel concession permit” in
relation to a travel concession means a
document in any form issued by the
Authority or by the RTA or any officer
authorized by the Authority, indicating that
the person to whom it is issued is a
person entitled to receive the concession
agreed or specified or prescribed;
(199) (174) "three wheel vehicle" means an
auto-rickshaw, a baby taxi, an auto-tempo
or a similar motor vehicle though used for
carrying goods but does not include a
motor cycle to which a side car or a fore
car is attached;
(200) (175) "tourist vehicle" means a contract
carriage, taxi cab, motor car, maxi cab, or
bus constructed or adapted and equipped,
maintained and operated in accordance
with such specifications as the Authority
may, by notification in the official Gazette,
specify in this behalf, or in relation to
which a permit is granted to the effect that
it is a tourist vehicle;
Inserted new
Inserted new
Inserted new
cosequent to
the proposal for
the repeal of
the MV Tax Act
1932
Inserted new
cosequent to
the proposal for
the repeal of
the MV Tax Act
1932
Inserted new
Inserted new
Inserted new
1-26

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
or in relation to which a permit
is granted to the effect that it is
a tourist vehicle;
(52) “tractor” means a motor vehicle
which is not itself constructed to
carry any load (other than
equipment used for the purpose
of propulsion), but excludes a
road roller;
(53) “traffic signs” includes all
signals, warning sign posts,
direction posts or other devices
for the information, guidance or
direction of drivers of motor
vehicles;
(201) (176) "tractor" means a motor vehicle
which is designed, constructed and used
primarily for work on the land such as
drawing ploughs, mowing machines and
other implements of, agriculture,
husbandry, horticulture or forestry or
similar operations but not so constructed
to carry any load in itself (other than the
farm implement and the equipment used
for the purpose of propulsion) the unladen
weight of which does not exceed 7500
kilograms and is driven on a road only
when proceeding to and from the site of
such work but excludes a road-roller;
(202) (177) “trade certificate” means a
certificate or a document issued under
sub-section (1) of section 182, to a
manufacturer or an assembler or a
repairer of or an importer or a dealer in
motor vehicles, in respect of each motor
vehicle used for demonstration purposes
by such body or person in connection with
his business;
(203) (178) "traffic" includes vehicles of every
description and other carriage or
conveyances, pedestrians, processions,
ridden or herded animals, and all other
forms of road traffic using any road or
highway for the purpose of travel;
(204) (179) "traffic control signal" means a
device, however operated, by which traffic
is alternately directed to stop and
permitted to proceed;
(205) (180) "traffic island" means a physical
provision (other than a line or a series of
lines marked on a carriageway) made in
or near an intersection to guide vehicles;
(206) (181) "traffic signs" means all signs,
signals, markings and devices fixed or
portable, not inconsistent as to size,
colour and type with this Act or any rules
and regulations made thereunder or
provided in the National Traffic Sign
Manual devised under section 186 placed
or erected or anyway displayed by
authority of a public body or officials
having jurisdiction over the area or
highway, however operated, which uses
words, legends, symbols or lights, to
convey information, guidance or warning
or direction to traffic or to control or
regulate traffic;
(207) (182) "traffic warden" means any person
appointed or employed to be a traffic
warden under section 30 to supervise,
assist in regulating the traffic and to report
Modified
Inserted new
Inserted new
Inserted new
Inserted new
Modified
Inserted new
1-27

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(54) “trailer” means any vehicle other
than a side car drawn or
intended to be drawn by a
motor vehicle;
(57) “transport vehicle” means a
public service vehicle, a private
service vehicle, a tourist
vehicle, a goods vehicle, 15 [ a
bus], a locomotive or a tractor
other than a locomotive or a
tractor used solely for
agricultural purposes;
traffic offences;
(208) (183) "trailer" means a vehicle,
implement, machine or other structure
other than a side car or fore car attached
to a motor cycle, not being capable of
propelled by its own motive power,
however, is capable of being drawn or
designed to be drawn by another vehicle,
but does not include a motor vehicle being
towed;
(209) (184) "train weight" in relation to a motor
vehicle which may draw a trailer means
the aggregate maximum laden weight for
the motor vehicle together with any trailer
which may be drawn by it;
(210) (185) "Transporter" includes every person
or establishment, registered by the
Authority, engaged in the business of
delivering vehicles of a type required to be
registered under the Act from a
manufacturing, assembling or distributing
plant to dealers or sales agents of
manufacturer or assembler under the
authority of the manufacturer and
assembler.
(211) (187) "transport vehicle" means a
commercial vehicle, a private service
vehicle, a goods vehicle, a bus, an
articulated vehicle (light or heavy), a
special purpose vehicle not being an
invalid carriage, a dual purpose vehicle, a
motor vehicle and trailer combination save
and except when the drawing vehicle is a
motor car and the combination is meant
for carrying personal effects, a locomotive
or a tractor other than a locomotive or a
tractor used solely for agricultural
purposes;
(212) (188) "tri-axle" means three consecutive
axles, the centres of the outmost of which
are not less than 200 centimetres and not
more than 320 centimetres apart and
which relates to each other through a load
sharing suspension system;
(213) (189) "trolley bus" means a bus
constructed or adapted for use on roads
without rails and which is propelled by
electric power transmitted thereto from
overhead wires or some external source;
(214) (190) "truck" means any goods vehicle
not being a tank lorry whether has an
open or a closed body;
(215) (190a) "two-up driver" means a
person accompanying a driver of a vehicle
or combination, on a journey or part of a
journey, who has been, is or will be
sharing the task of driving the vehicle or
combination during the journey;
Modified
Inserted new
Under
consideration
Modified
Under
consideration
Inserted new
Inserted new
Inserted new
1-28

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
(58) “unladen weight” means the
weight of a vehicle, or a trailer
including all equipment
ordinarily used with the vehicle
or trailer when working, but
excluding the weight of a 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 or body;
(59) “weight” means the total weight
transmitted for the time being by
the wheels of a vehicle to the
surface on which the vehicle
rests 16 [ ;
(216) (191) "unladen weight" means the
weight of a vehicle, or a -trailer or a motor
vehicle and trailer combination including
the body and all parts or equipment (the
heavier being taken where alternative
bodies or parts are used) ordinarily used
with the vehicle or trailer when working on
a road, but excluding the weight of a driver
or attendant or loose tools;
(217) (192) "urban or built up area" means the
territory contiguous to and including any
road or highway which is built up with
structures devoted to business, industry or
dwelling houses situated at intervals of
less than thirty metres for a distance of
half a kilometre or more and includes any
metropolitan area, District, Upazila (subdistrict),
thana, city corporation and
Paurashova (municipality) headquarters
and such other notified areas;
(218) (193) "vehicle" means a device,
conveyance or structure in, upon or by
which any person or property or goods is
or may be transported or drawn upon a
road or highway other than the devices
exclusively used upon fixed rails or tracks;
(219) (193a) “vocational license” means a
license issued to a driver or other worker
under Chapter IV of the Act to the effect
that person holding such license has skill
and is qualified in the vocation(s)
specified therein;
(220) (194) "weighing machine" includes a
portable weighing machine, a static
weighing machine and a computerised or
electronic weigh-in-motion system;
(221) (195) "weight" means the total weight
transmitted for the time being by the
wheels of a vehicle to the surface on
which the vehicle rests;
(222) (196) “wheel” means a circular device
fitted with tyre that rotate on an axle fitted
below the under carriage of a vehicle and
transmits its load on the ground or surface
of the road and facilitates its movement;
Modified
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
Inserted new
(60) “worker” means driver,
conductor and helper-cumcleaner.]
(223) (197) “worker” means the driver,
conductor, attendant and helper-cumcleaner
or other person engaged in a
transport vehicle or any motor vehicle as a
paid employee.
3 Subdivision of vehicle class._
The Authority may, by making regulations,
Modified
Inserted new
1-29

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -I
subdivide any of the class of vehicles
defined under section 2 of the Act, based
on weight, construction, nature of tyres,
use or otherwise and may make different
provision with respect to each subdivision
and varying in respect of any class the
maximum or minimum weight fixed under
this section, and any reference in this Act
to a class of vehicle(s) shall include a
reference to any subdivision of such class.
4 Obedience to and scope of the Act.-
(1) It is an offence for any person to do any
act forbidden and/or fail to perform any act
required in this Act.
(2) The parent of a child and the guardian of
any ward or any employer shall not
authorize or knowingly permit any such
child, ward, or employee to violate any of
the provisions of this Act.
5 Effect of headings.-
Chapter and section headings contained
herein shall not be deemed to govern,
limit, modify or in any manner affect the
scope, meaning or intent of the provisions
of any Chapter or section hereof.
Inserted new
Inserted new
1-30

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
Draft
Proposed Road Transport and Traffic Act, 2011
Contents
CHAPTER II : ROAD TRANSPORT ADMINISTRATION ......................................................................... 31
6 Responsibility of administration._ ...................................................................................... 31
7 Bangladesh Road Transport Authority._ ........................................................................... 31
8 Authority’s symbol._ .............................................................................................................. 32
9 Constitution of the Authority._ ............................................................................................ 32
10 Membership of the Authority._ ........................................................................................... 33
11 Salaries payable to members of the Authority._ ............................................................ 34
12 Conduct of business of the Authority._ ............................................................................. 35
13 Meetings of the Authority._ ................................................................................................. 35
14 Chief Executive Officer._ ...................................................................................................... 35
15 Functions of the Authority._ ................................................................................................ 36
16 Powers of the Authority._ ..................................................................................................... 39
17 Delegation of powers and functions._ ............................................................................... 41
18 Authority to exercise modified powers._ .......................................................................... 41
19 Road transport revenue fund._ ........................................................................................... 41
20 Bank accounts._ ..................................................................................................................... 44
21 Annual report._ ....................................................................................................................... 44
22 Power to levy fee._ ................................................................................................................ 44
23 Power to examine and test._ ............................................................................................... 45
24 Power to approve or reject applications._ ........................................................................ 45
25 Power of enforcement._ ........................................................................................................ 46
26 Power to inspect and take testimony._ ............................................................................. 47
27 Power to prescribe forms._ .................................................................................................. 48
28 Distribution of synopsis of Law._ ........................................................................................ 48
29 Establishment of Road Transport Department._ ............................................................. 48
30 Watch and Ward Service._ ................................................................................................... 50
31 Acquisition of financial interest by any authority or officers._ ..................................... 51
32 Proceedings by officers of Authority._ ............................................................................... 51
33 Preservation of secrecy._ ..................................................................................................... 51
34 Road Transport Advisory Council, etc._ ............................................................................ 52
35 Power of the Government to control road transport._ ................................................... 52
36 Power of Government to issue orders and directions._ ................................................. 54
37 Power of the Government to remove or fix the age limit of motor vehicles._ ......... 54
38 Power of the Government to grant authorization._ ........................................................ 55
39 Power of the Government to make transitional provisions.- ........................................ 57
40 Power of the Government to suspend certain provisions._ .......................................... 58
41 Power of the Government and the Authority to exempt._ ............................................ 58
42 Protection of action taken under the Act._ ..................................................................... 58
43 Appeals._ ................................................................................................................................. 59
44 Effect of appeal and revision on order passed by original authority._ ....................... 60
45 Bar on jurisdiction of Civil Courts._ ................................................................................... 60
46 Power to make rules._ .......................................................................................................... 60
47 Power to make regulations._ ............................................................................................... 61
2-i

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER IA
BANGLADESH ROAD
TRANSPORT AUTHORITY
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER II : ROAD TRANSPORT
ADMINIS TR ATION
Proposed a
new law to
replace the
MVO 1983
Modified
2A. Bangladesh Road Transport
Authority
(1) There shall be established an
Authority to be called the Bangladesh
Road Transport Authority for carrying
out the purposes of this Ordinance.
(2) The authority shall consist of a
Chairman and such number of other
members, not exceeding eight, as
6 Responsibility of administration._
(1) The Government in the Roads and
Railway Division of the Ministry of
Communications shall be overall
responsible for the road transportation and
road traffic system in Bangladesh.
(2) For the purposes of this Act, the
Government may declare any body to be a
public body.
(3) Besides, the Government, the Authority
under the guidance of the Government
shall be responsible for the-
(a) administration and enforcement of this Act
and the rules and regulations made there
under;
(b) legal and technical norms, safety and
roadworthiness of motorized and nonmotorized
vehicles and the driving and use
requirements of such vehicles;
(c) enforcement of emission and safety
related norms of vehicles;
(d) overall management, control, and
supervision of the road transport and
traffic system;
(e) integration of road transports with other
modes of transports such as Metro, Rail,
Water and Airports; and
(f) establishment of co-ordination and cooperation
between the departments,
organizations, and agencies acting under
this Act or under any other law for the time
being in force in the affairs of road
transports and traffic system in
Bangladesh.
7 Bangladesh Road Transport Authority._
(1) There shall be established a Government
body to be called the Bangladesh Road
Transport Authority in brief BRTA, for
carrying out the purposes of this Act with
perpetual succession and a common seal
and shall, by that name, be capable of —
(a) suing and being sued;
(b) acquiring, owning, holding and developing
or disposing of property, both movable
and immovable; and
Inserted new
Modified
2-31

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
may be appointed by the Government
from time to time.
(3) The Chairman shall be appointed
by the Government from among
persons in the service of the Republic
not below the rank of Joint Secretary
to the Government or an officer
having pay scale equivalent to that of
a Joint Secretary, to the Government.
(4) The Chairman and other members
shall hold office on such terms and
conditions as the Government may
determine.
(c) doing and suffering such other acts or
things as public bodies may lawfully do
and suffer.
(2) All deeds and other documents requiring
the seal of the Authority shall be sealed
with the common seal of the Authority.
(3) Any instruments to which the common
seal is affixed shall be signed by any two
members generally or specially authorised
by the Authority for the purpose or by one
member and the Chief Executive Officer.
(4) All courts, judges and persons acting
judicially shall take judicial notice of the
common seal of the Authority affixed to
any document and shall presume that it
was duly affixed.
(5) The Chairman shall be the chief
executive officer of the Authority.
(6) The Chairman shall be a whole
time officer of the Authority and shall
exercise such powers and perform
such functions as may be prescribed
by rules or as may be assigned to him
by the Government.
(7) If a vacancy occurs in the office of
the Chairman or if the Chairman is
unable to discharge the functions of
his office on account of absence,
illness or any other cause, the
Government shall make such
arrangement for discharging the
functions of the office of the Chairman
as it may consider necessary.
8 Authority’s symbol._
(1) The Authority shall have the exclusive
right to the use of such symbol or
representation as it may select or devise
and there after display or exhibit in
connection with its activities or affairs.
Inserted new
(2) Any person who uses a symbol or
representation identical with that of the
Authority, or which so resembles the
Authority’s symbol or representation as to
deceive or cause confusion, or to be likely
to deceive or to cause confusion, shall be
guilty of an offence.
9 Constitution of the Authority._
(1) The Authority shall consist of a Chairman
and such number of other members, not
exceeding ten including the Chief
Modified
2-32

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
Executive Officer, the professionals and
the officials who have had wide
experience of, and shown capability in,
road transports and road traffic, industrial,
commercial or financial matters,
administration, applied science, or the
organisation of workers, as may be
appointed by the Government from time to
time.
(2) The Chairman shall exercise such powers
and perform such functions as may be
entrusted by the Act, or prescribed by
rules or regulations made there under, or
as may be assigned to him by the
Government, or by the Authority, or by any
other law for the time being in force, and
shall have general supervision and
direction of all matters relating to road
transport and traffic through out
Bangladesh.
(3) The Government shall appoint one of the
members as the Deputy Chairman of the
Authority who may discharge such
functions and exercise such powers of the
Chairman as may be entrusted to him or
conferred on him by the Government or by
the Authority and shall act as Chairman of
the Authority, if a vacancy occurs in the
office of the Chairman or if the Chairman
is unable to discharge the functions of his
office because of absence from
Bangladesh, illness or for any other
causes.
(4) No person shall be appointed as
Chairman or Deputy Chairman or as Chief
Executive Officer of the Authority unless
such person has knowledge, wide
experience and capability in the matters
relating to road transports and traffic
system.
(5) The number of permanent members shall
not be more than five including the
Chairman, the Deputy Chairman and the
Chief Executive Officer.
10 Membership of the Authority._
(1) A member of the Authority including the
Chairman and the Deputy Chairman, but
excluding the Chief Executive Officer, shall
be appointed on such terms and
conditions and for such period as the
Government may determine and shall be
eligible for reappoinment.
Modified
(2) At least one member shall be appointed
from each of the key organisations
including the Authority, involved in the
2-33

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
affairs of the road transport and traffic
system in Bangladesh.
(3) At least one of the members shall be
appointed from the judicial service or from
and among the eminent lawyers who is
eligible to become a justice of the High
Court Division.
(4) No person who is a bankrupt or has been
sentenced to imprisonment for any term or
who has any financial interest, whether as
proprietor, employee or otherwise, in any
transport undertaking whether public or
private or a person who is not a public
servant having pay scale equivalent to that
of a Joint Secretary to the Government
shall be appointed as or continue as a
member of the Authority.
(5) If any person being a member of the
Authority, includes the Chairman and the
Deputy Chairman and all other members,
acquires any financial interest, whether as
proprietor, employee or otherwise, in any
transport undertaking, whether public or
private, he shall within a fortnight of so
doing, give notice to the Government of
the acquisition of such interest, and shall
vacate the office.
(6) The Government may at any time remove
any member of the Authority including the
Chairman and the Deputy Chairman, but
excluding the Chief Executive Officer
without assigning any reasons, likewise,
any member may at any time resign from
his appoinment by giving a notice in
writing to the Government.
(7) All members of the Authority, officers and
other employees of the Athority and the
Road Transport Department in brief RTD,
and the Watch and Ward Service in brief
WWS shall be deemed to be public
servants for the purposes of the
Bangladesh Penel Code.
11 Salaries payable to members of the
Authority._
A member of the Authority including the
Chairman and the Deputy Chairman, not
being an employee of the Government or
the Authority, shall receive, the pay and
allowances including travelling and halting
allowances, at the scale and on the terms
and conditions, as may be determined by
the Government, to be paid out of the funds
of the Authority.
Inserted new
2-34

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
12 Conduct of business of the Authority._
Subject to the provisions of this Act, the
business of the Authority shall be
conducted in accordance to the rules made
by the Government generally, and in
particular regarding the holding and
proceedings of meetings, the notice to be
given of such meetings, the keeping of
minutes and the custody, production and
inspection of such minutes :
Provided that until such rules are made,
the business of the Authority shall be
conducted according to the direction of the
Government or the Chairman.
Modified
2B. Meetings of the Authority
(1) The meetings of the Authority shall
be held at such times and places as
may be prescribed by rules:
Provided that, until so prescribed,
such meetings shall be held at such
times and places as may be
determined by the Chairman.
(2) To constitute a quorum at a
meeting of the Authority, the number
of members present shall be two, if
the Authority consists of not more
than three members, and three, if the
authority consists of more than three
members.
(3) All meetings of the Authority shall
be presided over by the Chairman
and, in his absence, by a member
authorised in writing by the Chairman
in this behalf.
(4) At a meeting of the Authority, each
member shall have one vote and, in
the event of equality of votes, the
person presiding shall have a second
or casting vote.
(5) No act or proceeding of the
Authority shall be invalid or be called
in question on the ground of any
vacancy in, or any defect in the
constitution of, the Authority.
13 Meetings of the Authority._
(1) The meetings of the Authority shall be held
at such times and places as may be
prescribed by rules:
Provided that, until so prescribed, such
meetings shall be held at such times and
places as may be determined by the
Chairman.
(2) To constitute a quorum at a meeting of the
Authority, the number of members present
shall be two, if the Authority consists of not
more than three members, and three, if the
Authority consists of more than three
members but not more than eight members
and four if the authority consists of more
than eight members.
(3) Chairman shall preside over the meetings
of the Authority and, in his absence, the
Deputy Chairman, and in the absence of
both of them, the member authorized in
writing by the Chairman in this behalf.
(4) At a meeting of the Authority, each member
shall have one vote, and, in the event of
equality of votes, the person presiding shall
have a second or casting vote.
(5) No act or proceeding of the Authority shall
be invalid or be called in question on the
ground of any vacancy in, or any defect in
the constitution of, the Authority.
(6) A member of the Authority, who is in any
way, directly or indirectly, interested in a
transaction or a project of the Authority,
shall disclose the nature of his interest at a
meeting of the Authority which shall be
recorded in the minutes of the meeting; and
such a member shall not take part in any
deliberation of the Authority with respect to
that transaction or project and shall not
vote either in favour or against the motion.
14 Chief Executive Officer._
(1) The Chief Executive Officer in brief CEO
Modified
Inserted new
2-35

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
shall be a member of the Authority by
virtue of his position.
(2) The Chief Executive Officer shall be a
whole time officer of the Authority, with the
rank and status of a Secretary or an
Additional Secretary to the Government,
who shall also be the Director General, of
the RTD, and may be appointed by
promotion of a suitable officer of the RTD,
or by direct recruitment, if no such
departmental candidate is available, and
shall not be removed from office without
the consent of the Bangladesh Public
Service Commission.
(3) The Chief Executive Officer shall be
responsible to the Authority, for the proper
administration and management of the
functions and affairs of the Authority, the
RTD and the WWS, in accordance with
this Act and the rules or regulations made
there under, and the policy lay down by
the Authority or by the Government.
15 Functions of the Authority._
(1) The Authority shall perform the functions
entrusted by or under this Act, or by any
other law for the time being in force, and
such other functions, as the Government
may assign to it from time to time.
(2) The functions and duties of the Authority
shall include, but not limit to the following:
(a) pursue the appropriate authority (the
authority or agency responsible)-
(i) to plan, design, construct, manage and
maintain any roads or highways or street
in good and safe condition; and
(ii) to plan, design, construct, maintain and
improve pedestrian walkways, bus stops
or shelters, bus-truck terminals
(interchanges), taxi stands, stands for
other motorized and non-motorized
vehicles and other road transports and
commuter facilities in accordance with this
Act, and/or any other law for the time
being in force; and
(iii) to maintain, operate and improve road
traffic signs or signals, traffic control
equipment or lighting equipment
associated with a road and other road
traffic facilities for the purposes of traffic
management and control; and
(iv) to provide parking places for motorized
and non-motorized vehicles, to license
and regulate the use of parking places in
the best interest of the users; and
Modified
(b)
develop and implement road transport and
traffic system management strategies and
practices; and
2-36

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
(c) grant licenses, permits or certificates for
road transport purposes and to supervise
and enforce compliance with the
provisions of such licenses, permits or
certificates; and
(d) plan and design comprehensive route
network and regulate the carriage of
passengers and freights on any road for
hire or reward or otherwise in accordance
with the Act;
(e) regulate the issue of travel concession
permit and the related matters;
(f) regulate the standards, construction,
safety aspects, and type approval of
motorized and non-motorized vehicles and
the conditions under which such vehicles
may be driven and used on roads in
Bangladesh; and
(g) grant registration and authorization,
determine requirements, terms and
conditions for repair and testing facilities of
vehicles, conversion, retrofitment,
certification and testing centres of gas
(Natural Gas (NG), Compressed Natural
Gas (CNG), Liquid Natural Gas (LNG),
Liquified Patroleum Gas (LPG) or
hydrogen gas operated vehicles and
pollution checking centres for different
types of vehicles; and
(h) determine load limits for vehicles,
establish guidelines or requirements for
the issue of vehicle mass and dimension
permits; and
(i) promote better understanding of road
transport and traffic related policies and
programmes, whether solely or jointly with
other authorities or organisations; and
(j) establish training centers, either solely or
jointly with others, for imparting training to
vehicle examiners, vehicle inspectors,
vehicle testers, driving examiners, driving
instructors, road transport workers,
members of the traffic police or watch and
ward service, and such other officers, staff
and persons, considered desirable to
achieve a safe and efficient road transport
and traffic system or as necessary or
convenient for it to carry on for or in
connection with the efficient discharge of
its functions and duties under this Act or
any other law in force.
(k) co-ordinate road transport services,
including developing or promoting the
development of integrated public transport
and ticket systems including BRT system;
(l) co-ordinate and regulate the activities,
functions and policies of the Regional
Transport Authorities or Officers,
registering authorities or licensing
2-37

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
(m)
(n)
(o)
(i)
(ii)
(iii)
(p)
(q)
(r)
(i)
(ii)
authorities or other prescribed authorities
under the Act;
settle all disputes and decide all matters
on which differences of opinion arises
between Regional Transport Authorities,
registering authorities or licensing
authorities or other prescribed authorities;
and
encourage, advise and otherwise assist
(whether financially or otherwise) persons
to conduct, research and demonstration
projects in respect of road transport and
traffic system and associated matters;
advise the Government in respect of the
road transport and traffic system in
Bangladesh, including, but not limited toits
adequacy to meet national, regional
and community needs in an efficient,
viable and safe manner;
changes considered advisable in the
provision of finance for the control,
construction, management or
maintenance of the road transport and
traffic system and facilities; and
changes considered advisable in the
levying and collection of road transport
and traffic taxation, including the granting
or withdrawing of exemptions or partial
exemptions from any form of road
transport and traffic taxation; and
maintain contact with road transport and
traffic organizations in Bangladesh and
abroad, in order to obtain, collect and
exchange information relating to road and
traffic developments in Bangladesh and
abroad, and to make such information
available to bodies and persons with an
interest in road transport and traffic in
Bangladesh.
represent Bangladesh internationally in
respect of matters relating to road
transport and traffic system and facilities;
administering, assessing, collecting and
enforcing payment of—
the proposed sums of successful bids for
particular registration marks or numbers,
number plates for any type or category of
vehicle, license, permit, certificate and
pertaining to such other activities under
the Act and/or any rules and regulations
made there under, and/or under any other
law for the time being in force relating to
road transports and traffic system; and
all taxes, fees, security deposits, fines and
charges levied and/or collected under the
Act and/or any rules and regulations made
there under, and/or under any other law
for the time being in force relating to road
transports and traffic system or levied
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
(s)
(t)
(u)
(v)
(w)
under any order of the Government for
which the Government or the Authority has
responsibility; and
collect, compile and analyse information of
a statistical nature relating to road
transport and traffic or such other subjectmatter
necessary for the performance of
the functions of the Authority or the RTD
or the WWS, and to publish and
disseminate the results of any such
compilation and analysis or abstracts of
those results; and
establish and maintain Road Transport
Revenue Funds and Bank Accounts in
accordance with the provisions of this Act;
develop and manage, or participate in the
development and management of, road
transport and traffic systems including
BRT, whether in Bangladesh or
elsewhere; and
undertake any other activities considered
necessary or desirable to achieve a safe
and efficient road transport and traffic
system that maximises national economic
and social benefits and benefits of the
road and road transport users at large;
perform such other functions as are
incidental or conferred on the Authority by
the Government or by any other law in
force.
16 Powers of the Authority._
(1) Subject to this Act, the Authority may in
connection with the discharge of its
functions and duties under this Act or any
other law in force, exercise the powers
conferred and in particular may exercise
any of the following powers:
(a) to provide registration and licensing
procedures and systems for road
transports in accordance with the Act;
(b) to utilize all property of the Authority,
movable and immovable, in such manner
as the Authority may think expedient;
(c) to establish and maintain offices, in
Bangladesh or elsewhere as it deems
necessary;
(d) to enter into all such contracts for the
supply of goods, services or materials or
for the execution of works or any other
contract as may be necessary for the
discharge of its duties and functions under
this Act;
(e) to provide technical advice or assistance,
including training facilities and consultancy
services, to any person or body as
respects any matter in which the Authority
has skill or experience;
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
(f) to impose fees or charges for services
rendered by the Authority or by any officer
or employee of the Authority or the RTD or
the WWS;
(g) to grant loans to officers or employees of
the Authority or the RTD or the WWS for
any purposes specifically approved by the
Authority as are likely to increase the
efficiency of officers or employees;
(h) to provide recreational facilities and
promote recreational activities for, and
activities conducive to, the welfare of
officers or employees of the Authority or
the RTD or the WWS and members of
their families;
(i) to provide training for employees of the
Authority or the RTD or the WWS and/or
their children, and to award scholarships
or otherwise pay for such training;
(j) to receive donations and contributions
from any source and borrow with
Government approval or raise funds by all
lawful means;
(k) to exercise all other powers considered
necessary or desirable to achieve a safe
and efficient road transport and traffic
system that maximises national economic
and social benefits, and benefits of the
road and road transport users at large;
(l) to out source any of its functions relating
to licensing, registration and certification of
drivers and vehicles, training and testing of
drivers and vehicles, supply of badges and
uniforms for staff and workers, either
through competitive bids or through some
other process, it deems fit and on such
terms and conditions, as it may decide;
(m) as considers appropriate, co-ordinate and
control the functions and functioneries in
respect of road transport and traffic under
the Act or the rules or regulations made
there under;
(n) hear and decide appeals lodged by the
aggrieved persons against the orders,
decisions and actions of sub-ordinate
offices and officers and such other
prescribed authorities and officers
specified in the Acts or the rules or
regulations made there under; and
(o) to do anything incidental to any of its
powers.
(2) The Authority may appoint, from among its
own members or other persons who are
not members, such number of committees
as it thinks fit, consisting of members or
members and other persons, for purposes
which, in the opinion of the Authority,
would be better regulated and managed
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
by means of such committees.
(3) The Authority may, subject to such
conditions or restrictions as it thinks fit,
delegate to any such committee, or to any
member, any of the functions or powers of
the Authority under this Act or any other
law in force, except the power of
delegation conferred by this section.
(4) No delegation under this section shall
prevent the performance or exercise of
any function or power by the Authority.
(5) This section shall not be construed as
limiting any power of the Authority
conferred by or under any other law in
force.
17 Delegation of powers and functions._
(1) The Government may, by order published
in the Gazette, upon application being
made by Mayor of a City Corporation or
Pourashova or at its own discretion,
authorise the Mayor and the officers or
persons in the service of the City
Corporation or Pourashova or other local
authority to exercise the powers conferred
and to perform the duties imposed by this
Act on the Authority or the road transport
officers or the members of Watch and
Ward Service, as the case may be.
(2) The Authority may by a notification in the
official Gazette, subject to such conditions
or restrictions as it thinks fit, delegate or
entrust such of its power or functions as it
considers necessary, to the Chairman,
Deputy Chairman or to any of the member
of the Authority or to any officer or
employee of the Authority or the RTD or
the WWS or to any other public or private
body, or any other authority or officer;
likewise the Chairman may also delegate
or entrust some of his power or functions
to any officer of the Authority or to any
other authority or officer except the power
of delegation conferred on the Authority or
the Chairman by or under this Act.
18 Authority to exercise modified
powers._
Notwithstanding anything contained in this
Act, if it becomes expedient in the interest
of public service, the Authority may
exercise and discharge in lieu of any other
authority specified in or under this Act,
such power, and functions as it may
consider necessary.
Modified
Modified
19 Road transport revenue fund._
(1) The Authority shall, establish, maintain,
manage and administer a Road Transport
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
Revenue Fund in brief Revenue Fund, in
accordance with the provisions of this Act
or the rules and regulations made there
under, and/or the procedures laid down or
wtitten directions given by the
Government, into which shall be paid-
(a) all fees, taxes, fines and charges received
under the provisions of this Act or the rules
and regulations made there under or
under any other laws or rules or
regulations administration of which is
vested in the Authority, or for rendering
any services by the Authority or by the
RTD or by the WWS ; and
(b) all moneys derived from the disposal,
lease, or hire of, or any other dealing with,
any property vested in or acquired by the
Authority; and
(c) all other moneys lawfully received by the
Authority or by the RTD or by the WWS
for the purposes of the Authority or the
RTD or the WWS;
(2) It shall be the duty of the Authority, so to
exercise and perform its functions under
this Act, as to secure that the total
revenues of the Authority are sufficient,
taking one financial year with another, to
meet its operating expenses (other than
capital cost involved in construction and
development of facilities, repayment of
loans, interest, fees and other charges on
loan) chargeable to the Revenue Fund.
(3) The Authority shall, keep proper accounts
and records of its transactions and affairs,
and shall do all things necessary, to
ensure that all payments out of its funds,
are correctly made and properly
authorized, and that adequate control is
maintained over the assets of, or in the
custody of, the Authority and over the
expenditure incurred by the Authority.
(4) The funds and accounts of the Authority
shall be audited by the Auditor-General or
such other auditor as may be appointed
annually by the Government in
consultation with the Auditor-General.
(5) The Authority shall, as soon as practicable
after the close of each financial year,
prepare and submit the financial
statements in respect of that year to the
Auditor-General who shall arrange audit
and report on them.
(6) As soon as the accounts of the Authority
and the financial statements have been
audited in accordance with the provisions
of this Act, or in accordance to the
directions of the Government or the
Auditor-General, a copy of the audited
financial statements signed by the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
Chairman, together with a copy of any
report made by the auditor, shall be
submitted to the Government.
(7) The revenue of the Revenue Fund for any
financial year shall be applied, in defraying
all expenses of the Authority and the RTD
and the WWS, in accordance to the
budget approved by the Authority, or by
the Government, for the respective
financial year, and in particular the
following charges-
(a) the remuneration, fees and allowances of
the members including the Chairman and
the Deputy Chairman of the Authority;
(b) the salaries, fees, remuneration, pensions,
superannuation allowances and gratuities
of the officers, employees, agents,
advisers, consultants,former/retired
employees of the Authority and the RTD
and the WWS, and such other persons
engaged or employed or appointed by the
Authority for its purposes;
(c) working and establishment expenses and
expenditure on, or provision for, the
maintenance of any of the property
(includes vehicles, test equipment, training
and testing centres, etc) of the Authority,
and the discharge of the functions of the
Authority and the RTD and the WWS
chargeable to Revenue Fund;
(d) expenses incurred or incidental to the
investment or management of moneys in
the Revenue Fund;
(e) sums required to be paid for establishing
and development of training centres,
vehicle and driver testing facilities;
(f) sums required to pay any principal or
interest on moneys borrowed or raised by
the Authority for its purposes;
(g) sums required to pay all reasonable
expenses, legal costs incurred by the
Authority, in connection with the collection
or attempted collection of any outstanding
amounts;
(h) sums required to be paid to the
Government towards repayment of any
loan made by the Government to the
Authority;
(i) such sums as may be deemed appropriate
to set aside in respect of depreciation or
renewal of the property of the Authority;
(j) the cost, or any portion thereof, of any new
works, plant, vehicle, equipment or
appliances, training and testing centres,
which the Authority may determine to
charge to revenue;
(k) such sums as may be deemed appropriate
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
171. Power to levy fee
179
Any [ regulation which the
Authority] is empowered to make
under this Ordinance may,
notwithstanding the absence of any
express provision to that effect,
provide for the levy of the such fees in
respect of applications, amendment of
documents, test, endorsements,
badges, plates, countersignature,
authorisations, supply of statistics, or
to set aside by way of contribution, for the
purposes associated with the objects of
this Act, as the Authority may determine,
to the public or for charities, or for
payment of compensation arising out of
any liability of the Authority or any of its
members or employees for anything done
in good faith, or intended to be done in the
execution or purported execution of this
Act; and
(l) any other expenditure as may be deemed
appropriate or authorised by the Authority
and properly chargeable to Revenue
Fund;
(8) The balance of the Revenue Fund may be
paid to the Government exchequer in
accordance to the procedures laid down
by the Government, or may be applied to
the creation of a general reserve and such
other reserves as the Authority may think
fit.
20 Bank accounts._
(1) The Authority shall open and maintain an
account or accounts with such bank or
banks as the Authority thinks fit; and every
such account shall be operated upon as
far as practicable by cheque signed by
such person or persons as may from time
to time be authorised in that behalf by the
Authority.
(2) The moneys of the Authority shall be
applied only in payment or discharge of
the expenses, obligations and liabilities of
the Authority and in making any payments
that the Authority is authorised or required
to make.
21 Annual report._
The Authority shall, as soon as practicable
after the end of each financial year, submit
to the Government an annual report on the
activities of the Authority and the RTD and
WWS during that financial year, and the
Minister in-charge shall cause the report to
be presented before the Council of Ministers
and/or to the Parliament as he deems
proper.
22 Power to levy fee._
(1) Any regulations which the Authority is
empowered to make under this Act may,
notwithstanding the absence of any
express provision to that effect, provide
for the levy of the such fees in respect of
applications, amendment of documents,
test, endorsements, badges, plates,
countersignature, authorizations, supply
of statistics, or copies of the documents or
orders and for any other purpose or
Inserted new
Inserted new
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
copies of the documents or orders
and for any other purpose or matter
involving the rendering of any service
by the officers or authorities under this
180
Ordinance or any [ regulation]
made thereunder as may be
considered
necessary:
Provided that, the Government may, if
it considers so to do, in the public
interest, by general or special order,
exempt any class of persons from the
payment of any such fee either in part
or in full.
matter involving the render of any service
by the officers or authorities under this Act
or any rules or regulation made there
under, as may be considered necessary:
Provided that the Government or the
Authority may, if it considers so to do in
the public interest, by general or special
order, exempt any person or class of
persons from the payment of any such fee
either in part or in full.
(2) Whenever an application to any officers or
authorities under this Act is accompanied
by any fee (not being an inspection or test
fee) payable under this Act, and such
application is refused or rejected, said fee
after deduction of cost incidental as may
be prescribed, shall be returned to the
said applicant in the prescribed manner.
(3) Whenever any officers or authorities
acting under this Act through error collects
any fee not required to be paid hereunder,
the same shall be refunded to the person
paying the same in the prescribed
manner.
23 Power to examine and test._
(1) Notwithstanding anything contained in this
Act, the Authority having good cause, may
require a driver or a vehicle to submit to
such examination or test as the Authority
may deem fit.
(2) Upon conclusion of the examination or test
the Authority may take such actions as it
thinks appropriate in respect of the driver
or the vehicle in question in the interest of
safety.
(3) Failure or refusal or neglect, to submit to
the examination or test under sub-section
(1), shall construe an offence by the driver
or the owner or the in charge of the vehicle
as the case may be.
Inserted new
24 Power to approve or reject
applications._
The Authority and every office under it,
within their respective jurisdictions, shall
have power to examine and determine the
genuineness, regularity and legality of
every application for registration of a
vehicle, for a driving license, for a permit
and of any other application lawfully made
to the Authority or to any of its office, and
may in all cases make investigations or
inquires as may be deemed necessary or
may require additional information, and
shall reject any such application if not
satisfied of the genuineness, regularity or
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
legality thereof or the truth of any
statement contained therein, or for any
other reason when authorised by this Act
or any rules or regulations made there
under.
174. Officers to exercise powers of
police officers
The Government may, by rules,-
(a) authorise any officer of the
Authority to exercise the powers
exercisable by a police officer under
this Ordinance;
(b) prescribe conditions under which
such powers shall be exercised;
(c) prescribe the uniform to be worn
by such officers while exercising such
powers.]
25 Power of enforcement._
(1) In addition to the powers conferred by or
under this Act or any other law for the time
being in force, an officer or employee of
the Authority or the RTD or the WWS may,
on declaration of his office and production
to the person against whom he is acting
such identification card as the Chairman or
the Chief Executive Officer may direct to
be carried by the members or by the
officers or employees of the Authority or
the RTD or the WWS , in relation to any
offence under this Act, or any such law-
(a) exercise all the powers of a police officer
under the Act except under sections . . . . .
and any reference in this Act or such law
to a police officer or duly authorised police
officer shall include a reference to such
officer or employee of the Authority;
(b) require any person whom he reasonably
believes to have committed an offence
under the Act or any such law to furnish
evidence of the person’s identity;
(c) if he is generally or specially authorised in
writing by the Chairman or by the Chief
Executive officer, arrest without warrant
any person found committing or whom he
has reason to believe has committed an
offence under the Act or any such law,
except as otherwise provided in clause (a);
(d) for the purposes of the Act or any such
law, require any person to furnish any
information or produce any book,
document or copy thereof in the
possession of that person, and may,
without fee or reward, inspect, copy or
make extracts from such book or
document;
(e) when conducting any investigation under
the Act or any such law, require, by order
in writing, the attendance before the officer
or employee of any person being within
the limits of Bangladesh who from the
information given or otherwise appears to
be acquainted with the circumstances of
the case, and the person so ordered shall
attend as so required; and
(f) detain or seize any vehicle and/or
document found in the course of a search
under this sub-section.
(2) Where any person is arrested by an officer
or employee of the Authority or the RTD or
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
the WWS under sub-section (1), the officer
or employee shall comply with sections . . .
. . of the Criminal Procedure Code as if he
were a police officer.
(3) A person who —
(a) refuses to give access to, or assaults,
obstructs, hinders or delays, an officer or
employee of the Authority or the RTD or
the WWS in the discharge of his duties;
(b) willfully mis-states or without lawful excuse
refuses to give any information or without
lawful excuse refuses to produce any
book, document or copy thereof required
of him by an officer or employee of the
Authority or the RTD or the WWS under
sub-section (1); or
(c) fails to attend an officer or employee of the
Authority or the RTD or the WWS to give
evidence or testimony when required by
such an officer, or
(d) fails to comply with a lawful demand of an
officer or employee of the Authority or the
RTD or the WWS in the discharge of his
duties shall be guilty of an offence.
26 Power to inspect and take testimony._
(1) The Chairman and such officers and
employees of the Authority or the RTD or
the WWS as may be designated by the
Chairman or by the Chief Executive
Officer, and all Police officers of or above
the rank of Sub-Inspector of Police or
Police Sergeant shall have power-
(a) to inspect and detain any vehicle of the
type required to be registered under this
Act which is in any garage or repair
workshop or in any other place where
such vehicles are manufactured,
assembled or held for sale or wrecking for
the purpose of investigating the title and
registration thereof;
(b) to collect information on accidents, theft or
felony and obtain testimony of witnesses
or of persons involved; and
(c) to take possession of any certificate of
title, registration or any license or permit or
plate or sign or marking or label issued by
any authority under this Act which has
been revoked, cancelled or suspended or
which is fictitious, stolen or altered or
defaced.
(2) A person who —
(a) refuses to give access to, or assaults,
obstructs, hinders or delays, any officer
acting under sub-section (1) in the
discharge of his duties; or
(b) willfully mis-states or without lawful excuse
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
(c)
(d)
refuses to give any information or without
lawful excuse refuses to produce or hand
over any book, document or copy thereof
required of him by an officer acting under
sub-section (1); or
fails to attend an officer to give evidence
or testimony when required by such an
officer, or
fails to comply with a lawful demand of an
officer in the discharge of his duties;
shall be guilty of an offence.
27 Power to prescribe forms._
The Authority shall have power, to
prescribe and provide, either on payment
or free suitable forms of applications,
registration certificate or other certificates
or cards, or token, or drivers' and
conductors' or worker’s licenses, permits,
labels, operators license, and all other
forms requisite as deemed necessary to
carryout the provisions of this Act or any
other laws or rules or regulations
administration of which is vested in the
Authority.
Modified
28 Distribution of synopsis of Law._
The Authority may publish a synopsis of
the laws, regulating the driving or
operation of motor vehicles, and may
deliver a copy thereof, with or without
charge, to each person applying for, or
receiving an original or renewed vehicle
registration, or driving license or permit or
authorization or such other document.
Inserted new
2C. Appointment of officers
(1) The Authority may, for the efficient
performance of its functions, appoint
such officers, including Inspectors of
Motor Vehicles and other employees
as it considers necessary.
(2) The officers and other employees
of the Authority shall be persons in
the service of the Republic.
29 Establishment of Road Transport
Department._
(1) The Government, or if empowered by the
Government, by rules made in this behalf,
the Authority, may, for the efficient
performance of the functions of the
Authority, or as may be necessary or
expedient for the purposes of this Act,
establish a Road Transport Department in
brief RTD with a Director General as its
head, and shall appoint such number of
Additional Directors General (including a
Secretary of the Authority), Deputy
Directors General, Directors, Deputy
Directors and Assistant Directors and such
other officers and employees thereof:
Provided that the Government shall make
appointment to all class 1 posts of the
Authority, the RTD and the WWS:
Provided further that one of the Additional
Directors General may be appointed
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
Secretary of the Authority by the
Government:
Provided further that all appointments by
the Government or by the Authority shall
be made in consultation and with the
recommendation of the Bangladesh Public
Service Commission, as may be
applicable.
(2) The Authority may, from time to time,
appoint and employ on such terms and
conditions as the Authority may determine
such other employees, consultants and
agents (including electronic service
agents, revenue collection agent,
enforcement agent, etc) as may be
necessary for the effective performance of
its functions.
(3) The officers and other employees of the
Authority and the RTD and the WWS shall
be known as road transport officers and
shall be persons in the service of the
Republic on terms and conditions of
service in the Government:
Provided that the Authority may grant
higher salaries than Government officials
of the equivalent rank, to such officers and
other employees as it may think fit,
considering the nature and exigency of
service, qualifications, skill and experience
of the incumbent.
(4) The Director General shall assign at least
a Director to each division of the Road
Transport Department.
(5) The Authority may by notification in the
official Gazette appoint –
(a) such registering and licensing authority or
investigation, enforcement or proseution
officers as may be necessary for carrying
out the purposes and provisions of this
Act, and any rules or regulations made
there under, and for the keeping of such
records in relation thereto as are or may
be required by or under this Act, and for
such other matters as are or may be
required by it by or under this Act; and
(b) such Inspector of motor vehicles, vehicle
examiners and driving examiners as may
be necessary for carrying out the purposes
and provisions of this Act and any rules or
regulations made there under.
(6) Any officer or other employee appointed
under any Act or any Ordinance repealed
by this Act, and holding office on the date
immediately preceding the appointed day,
shall continue in office and shall be
deemed to be a road transport officer or a
traffic warden, as the case may be,
appointed under this Act on terms no less
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
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favourable than those enjoyed by the said
officer or employee immediately prior to
their transfer or appoinment under this Act:
Provided that any disciplinary
proceedings, pending against any such
employees, shall be carried on and
completed by the Authority, and if found
guilty fix liabilities, and award such
punishments as it considers appropriate
under the law applicable.
(7) To carry out the provisions of this Act
and/or the rules and regulations made
there under, and for efficient discharge of
functions, the Authority may establish
offices and sub-offices of the RTD
envisaged under this section in each
division, district and each Metropolitan
Area or in such other areas or places as it
deems necessary.
(8) Without generality of the foregoing powers
and functions, the Government may make
rules or the authority may make
regulations, to regulate the dicharge of
functions or exercise of powers by the
authotities and officers appointed under
this Act (including the powers exerciseable
by police officers under this Act) and the
conditions governing the exercise of such
powers, and may prescribe uniform to be
worn by them, the duties to be performed
by them, and the authorities to which they
shall be sub-ordinate.
30 Watch and Ward Service._
(1) The Authority may, in its aid and in the aid
of its officers, and in the aid of officers of
the Road Transport Department, and in
the interest of smooth discharge of their
power and functions under this Act, or
under any rules and regulations made
there under, and for such other purposes,
as may be prescribed or imposed, by the
Government, with the approval of the
Government, appoint persons to be known
as Road Traffic Watch and Ward in brief
WW.
(2) Every such person appointed under subsection
(1), shall be a part of the Road
Transport Department, and shall work
under the control of the Authority and the
Road Transport Department and shall be
persons in the service of the Government,
on terms and conditions of service in the
Government.
(3) Any officer of the Watch and Ward service
may exercise such powers and discharge
such functions of a police officer or a road
transport officer under this Act as provided
or as may be prescribed or authorized by
the Government or by the Authority.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
(4) The Authority may make regulations to
regulate the discharge by the Watch and
Wards of their functions and in particular
and without prejudice to the generality of
the forgoing power to prescribe the
uniform to be worn by them, the authorities
to which they shall be sub-ordinate, the
duties to be performed by them, the
powers including the powers exerciseable
by police officers under this Act to be
exercised by them, and the conditions
governing the exercise of such powers.
31 Acquisition of financial interest by any
authority or officer._
If any officer of the Authority or any road
transport officer or any officer of the local
body, or any other authority or officer or
person, who is assigned the functions of a
licensing authority or a registering
authority, or a Regional Transport
Authority or such other authority or officer
under this Act or any rules or regulations
made there under, acquires any financial
interest, whether as proprietor, employee
or otherwise, in any transport undertaking,
whether public or private, he shall within a
fortnight of so doing, give notice to the
Authority of the acquisition of such
interest, and shall relinquish the charge of
the office of the relevant officer or
authority.
32 Proceedings by officers of Authority._
(1) Proceedings in respect of any offence
under this Act or any other law or any
rules or regulations made under this Act or
any such other law, may be conducted by
an officer of the Authority or the RTD or
the WWS, who is authorised to conduct
such proceedings by the Authority with the
consent of the Ministry of Law or the
Attorney-General.
33 Preservation of secrecy._
(1) Except for the purpose of the performance
of his duties, or the exercise of his power
and functions, or when lawfully required to
do so by any court, or under the provisions
of any law in force, no person who is or
has been a member, an officer, an
employee or an agent of the Authority or a
member of a committee of the Authority or
an authorised officer shall disclose any
information relating to the affairs of the
Authority or the RTD or the WWS or of any
other person which has been obtained by
him in the performance of his duties or in
the exercise of his power and functions.
Inserted new
Inserted new
Inserted new
(2) Any person who contravenes sub-section
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
55. Road Transport Advisory
Council, etc
(1) In order to facilitate a forum of
discussion of the problems in the road
transport sector and also for the
ventilation
of grievances of the owners as well as
road transport workers, the
Government may, by notification in
the official Gazette, constitute a Road
Transport Advisory Council for the
whole of Bangladesh and Road
Transport Advisory Committee one for
each regions consisting of such
number of members as it thinks
necessary from the officials, transport
owners, transport workers and other
experienced persons as 65 [ shall] be
specified in the notification.
(2) The Council or the Committee so
constituted under sub section (1),
shall meet at least once in three
months unless otherwise directed and
submit its recommendations, by the
former to the
66 [ * * *] Authority and by
the latter to the Transport Committee,
as the case may be.
(1) shall be guilty of an offence.
34 Road Transport Advisory Council, etc._
(1) In order to facilitate a forum of discussion
of the problems in the road transport
sector including safety of road users, or in
respect of movement and control of traffic,
or demand for public transport service,
and also for the ventilation of grievances
of the owners, road transport users and
workers, the Government may, by
notification in the official Gazette,
constitute at the national level a Road
Transport Advisory Council for the whole
of Bangladesh, and Road Transport
Advisory Committee, one for each district
and metropolitan area, consisting of such
number of members as it thinks
necessary, from the officials, transport
owners, transport workers and other
experienced persons or other interests, as
may be specified in the notification.
(2) The Council or the Committee so
constituted under sub-section (1), shall
meet at such times and places as may be
determined by the Chairman, unless
otherwise directed by the Government in
the notification issued under sub-section
(1), and submit its recommendations, by
the former to the Authority, and by the
latter to the Regional Transport Authority,
having jurisdiction in the area, as the case
may be.
Modified
52. Power to the Government to
control road transport
(1) The 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 co ordinating
road and rail transport, and
(c) the desirability of preventing the
deterioration of the road system, and
(d) the desirability of preventing
uneconomic competition among motor
vehicles,
and after having heard the
representatives of the interests
affected and having consulted the 61 [
Authority], may by notification in the
35 Power of the Government to control
road transport._
(1) The Government, having regard to-
(a) the advantages offered to the public, trade
and industry by the development of road
transport, and
(b) the desirability of co-ordinating road, rail
and water transport, or co-ordinating trade
or business of providing transport or
transport services, and
(c) the desirability of preventing the
deterioration of the road and road traffic
system, and
(d) the desirability of preventing uneconomic
competition among motor vehicles, and
after having heard the representatives of
the interests affected and having
consulted the Authority, may by
notification in the official Gazette,
(i) prohibit or restrict throughout Bangladesh,
or in any area or on any route within
Bangladesh, subject to such conditions as
it may think desirable, the conveying of
long distance goods traffic generally, or of
Modiied
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
official Gazette,-
(i) prohibit or restrict throughout
Bangladesh or in any area or on any
route within Bangladesh, 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;
(ii) fix maximum or minimum fares or
freights for stage carriages, contract
carriages and public carriers to be
applicable throughout Bangladesh or
within any area or on any route within
Bangladesh; or
(iii) disallow the use as transport
vehicle, any vehicle or class of vehicle
manufactured prior to a particular
year.
(2) The Government shall permit at
such intervals of time as it may fix, the
interests affected by any notification
issued under sub section (1) to make
representations urging the
cancellation or variation of the
notification on the following grounds,
namely:-
(a) that the railways are not giving
reasonable facilities or are taking
unfair advantage of the action of the
Government under this section; or
prescribe classes of goods by private or
public carriers or carrying of goods by
passenger vehicle or public service
vehicle;
(ii) limit the number of permits or public
vehicle operators’ licenses or franchise to
be issued for the whole country or for a
particular route or area;
(iii) fix maximum or minimum rates of hire or
fares or freights for stage carriages,
contract carriages and public carriers or
any other public vehicles or taxi cabs, to
be applicable throughout Bangladesh or
within any area or on any route within
Bangladesh(exclusive of those operated
under franchise); or
(iv) disallow the use as public service vehicle
or transport vehicle, any vehicle or class of
vehicle manufactured prior to a particular
year or a vehicle having left hand steering
control.
(2) The Government shall permit at such
intervals of time as it may fix, the interests
affected by any notification issued under
sub-section (1), to make representations
urging the cancellation or variation of the
notification.
(3) If the Government, after considering any
representation made to it under subsection
(2), and having heard the
representatives of the interests affected,
and the Authority, is satisfied that any
notification issued under sub-section (1),
ought to be cancelled or varied, it may
cancel the notification or vary it in such
manner as it thinks fit.
(4) Any person who contravenes any
prohibition or restrictions imposed under
sub-section (1) shall be guilty of an
offence.
(b) that conditions have changed
since the publication of the
notification; or
(c) that the special needs of a
particular industry or locality require to
be considered afresh.
(3) If the Government, after
considering any representation made
to it under sub section (2) and having
heard the representatives of the
interests affected and the 62 [
Authority], is satisfied that any
notification issued under sub section
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
(1) ought to be cancelled or varied, it
may cancel the notification or vary it in
such manner as it thinks fit.
53. Power of Government to issue
orders and directions
The Government may issue such
orders and directions, as it may
consider necessary in respect of any
matter relating to road transport or on
any matter not provided in this
Ordinance, to the Authority and the
Authority shall give effect to all such
orders and directions.
175. Any authority by the
Government to exercise modified
powers
Notwithstanding anything contained in
this Ordinance, the Government may,
by notification in the official Gazette,
authorise any officer to exercise and
discharge in lieu of any other authority
specified in or under this Ordinance,
such power and functions as may,
from time to time, be specified in the
notification.
36 Power of Government to issue orders
and directions._
(1) The Government may issue such orders,
directions as it may consider necessary in
respect of any matter relating to road
transport and traffic not provided in this
Act to the Authority, and any other
authority under this Act, and the Authority
or such other authority shall give effect to
all such orders and directions.
(2) Any orders or directions issued under subsection
(1) shall be placed before the
Parliament for approval as soon as
possible when it is in session; and the
orders or directions not approved by the
Parliament shall not be valid without
prejudice to the validity of anything
previously done there under or to the
issuing of new orders or directions.
(3) Notwithstanding anything contained in this
Act, if it becomes expedient in the interest
of public service, the Government may, by
notification in the official Gazette,
authorize any officer to exercise and
discharge in lieu of any other authority or
officer specified in or under this Act, such
power and functions as may, from time to
time, be specified in the notification.
37 Power of the Government to remove or
fix the age limit of motor vehicles._
(1) The Government may, in consultation with
the Authority, and having regard to the
quality of the vehicle, public safety,
convenience, interest of public service,
trade and industry, affect on the road
condition, affect on the density and the
movement of traffic and objects of this
Ordinance, by notification in the Official
Gazette-
(a) from the date fixed by it, impose
restriction on the use or order removal
of particular type or class of vehicle
from a particular service, road, city or
area or from the whole country as it
deems expedient; and/or
(b) fix from the date of its manufacture,
the maximum age limit of a motor
vehicle or other vehicle, after the
expiry of which the motor vehicle or
other vehicle shall be deemed to have
Modified
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
failed to comply with the requirements
of this Act and the rules or regulations
made thereunder, and is permanently
incapable for further use:
Provided that the Government may fix
different ages for different classes or
different types of motor vehicles or other
vehicles:
Provided further that the certificate of
registration and all other documents,
entitling the use of such vehicles on the
road, shall stand cancelled from the day,
following the date fixed under clause (a),
or from the day, following the day of expiry
of the age limit under clause (b), as the
case may be:
Provided further that no compliance
certificate under section 106, or a
certificate of fitness under section 117,
shall be granted to any such motor vehicle
or to other vehicle under the Act, to be
effective after the date fixed, or in
contravention of the provisions of any
notification issued under this section:
Provided further that the Government may,
by notification in the Official Gazette, for
the purposes such as, display,
demonstration, exhibition, use in a
selected area or locality, or taking part in a
vintage car rally, to be stated in the
notification, and subject to such conditions
as may be specified in such notification,
exempt, by a general or special order, any
class or type of motor vehicle or other
vehicle from the operation of this section.
(2) Any person who contravenes any
prohibition or restrictions imposed under
sub-section (1) shall be guilty of an
offence.
38 Power of the Government to grant
authorization._
(1) Notwithstanding anything contained in this
Act, the Government or the Authority shall
have the power to grant authorization on
such conditions as it may think fit to any
person or body of persons to undertake
any function of a road transport office or
officer under this Act as it appears to it to
be necessary in the interest of public
service.
(2) The Government may make rules or the
Authority may make regulations, for the
purpose of sub-section (1), and in
particular, but without prejudice to the
Inserted new
2-55

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
generality of the foregoing provisions, may
make rules or regulations with respect to
all or any of the following matters:
(a) to prescribe the charges, fees or levy
which shall be paid to any person or body
of persons authorized under sub-section
(1) in respect of services provided;
(b) to prescribe the qualifications of persons
to be employed by the person or body of
persons authorized under sub-section (1)
and to regulate their competency;
(c) to prescribe the type of records to be kept
by the person or body of persons
authorized under sub-section (1);
(d) to prescribe the type of returns to be
submitted by the person or body of
persons authorized under sub-section (1),
to the Authority or to the Road Transport
Department; and
(e) to regulate the inspection by the officers of
the of the Authority or the Road Transport
Department or the WW, premises of the
person or body of persons authorized
under sub-section (1) and the records kept
thereat.
(3) The Government or the Authority may, by
order published in the Gazette, authorize a
person or body of persons authorized
under sub-section (1) to demand, collect
and retain charges, fees or levy prescribed
under sub-section (2) in respect of the
services provided by him.
(4) An order made under sub-section (3) shall
specify-
(a) the type of services in respect of which
charges, fees or levy may be demanded,
collected and retained; and
(b) the person authorized to demand, collect
and retain the charges, fees or levy.
(5) Any person or body of persons authorized
to demand, collect and retain the charges,
fees or levy shall-
(a) maintain such accounts, books and
records in respect of the payment and
collection of charges, fees or levy as the
Authority or the Department may require;
(b) furnish to the Authority or the RTD such
information, returns and accounts in
respect of the payment and collection of
charges, fees or levy as the Authority or
the RTD may require; and
(c) permit the Authority or the RTD or any
officer authorized in writing by the
Authority or the RTD, to have access to or
examine or inspect any document,
machinery or equipment maintained or
used for the payment or collection of
2-56

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
charges, fees or levy.
(6) The authorization of any person or body of
persons under sub-section (3) shall not
render the Government or the Authority
liable to any person in respect of any
injury, damage or loss occasioned by the
failure of the person or body of persons
authorized to carry out his obligations
under the Act in respect of which charges,
fees or levy are demanded, collected and
retained.
(7) If a person or body of persons authorized
under sub-section (1) contravenes or fails
to comply with any condition of the
authorization or any of the provisions of
this section or rules or regulations made
thereunder for which no penalty is
expressly provided the person or the body
of persons shall be guilty of an offence.
(8) Notwithstanding that any person has been
authorized under this section to undertake
any function of a road transport officer, the
Government or the Authority, may give
directions to the RTD, to perform any of
such functions, if it is considered
expedient in the interest of public service.
(9) The Government or the Authority shall
also have the power to grant motor vehicle
authorization certificate required under
section 90, to any person or body of
persons if it considers obligatory in the
interest of public service.
(10) The Government or the Authority may
revoke any authorization or certificate
issued under this section; and unless
sooner revoked, an authorization or
certificate issued under this section, shall
continue in force for such period, as the
Government or the Authority may
determine.
39 Power of the Government to make
transitional provisions.-
(1) The Government may by rules make such
provision, as it considers necessary or
expedient for removing any difficulties
occasioned or experienced by the coming
into force of this Act:
Provided that no such rule shall be made
after the expiry of a period of three years
from the date of commencement of this
Act.
(2) Any rules made under sub-section (1) may
have effect from the commencement of
this Act or from some later date as the
Government may deem appropriate.
(3) All rules made under this section shall be
placed before the Parliament for approval
Inserted new
2-57

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
as soon as possible when it is in session;
and the rules not approved by the
Parliament shall not be valid without
prejudice to the validity of anything
previously done there under or to the
making of new rules.
40 Power of the Government to suspend
certain provisions._
The Government may, if it considers
necessary in the interest of public service
or development of road transport and
traffic system, even if no specific
provisions exist in this Act, by notification
in the official gazette, either generally or
for such period as may be specified in the
notification and subject to such conditions
as may be stated in the notification
suspend, restrict or limit any provisions of
this Act, either generally or in respect of
particular class or classes or description of
vehicles or persons as it may deem fit and
proper.
41 Power of the Government and the
Authority to exempt._
Notwithstanding anything contained in this
Act, or any rules or regulations made
thereunder, or in any other law for the time
being in force, if deem necessary, in the
interest of public service, the Government
or the Authority may, by notification in the
offcial Gazette, exempt with or without
conditions, any person or class of persons
or any motor vehicle or type of motor
vehicle or any other vehicle, from the
operation of all or any of the provisions of
this Act or the rules and reguations made
there under or from the fees, deposits or
levy payable thereunder, either in part or
in full, or to reduce such fees, deposits or
levy.
42 Protection of action taken under the
Act._
Notwithstanding anything contrary
contained in this Act or in any other law for
the time being in force, no suit or
prosecution or other legal proceedings
shall lie against the Authority or its
Chairman, Deputy Chairman or any of its
member or any of the officers or employee
of the Authority, or the RTD, or any other
authority, or other person acting under the
direction of the Authority or the RTD, or
any police officer or any public servant, for
anything which is done or intended to be
done in good faith, in the execution or
purported execution, in pursuance of this
Act or the rules or the regulations made
there under.
Inserted new
Modified
Inserted new
2-58

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
43 Appeals._
(1) Where an appeal is lodged by any
aggrieved person, against any order,
decision or action of the Government or
the Authority, unless the context otherwise
requires, the Minister shall hear and
decide the appeal.
(2) Where the appeal is lodged against any
order, decision or action of any other
authority or officer or person under the Act
or the rules or regulations made there
under, the Authority or any other authority
or officer prescribed, or authorized, or
designated, or specified in writing, by the
Authority, considering the merit of the
appeal, shall hear and decide the appeal.
(3) Any person aggrieved by an order of the
Govern ment or Authority, or any other
officer or authority acting under any
provision of this Act or under any rules or
regulations made there under, may prefer
an appeal to the authority specified under
sub-section (1) or (2) as appropriate,
within such time and in such manner with
such fee as may be specified under this
Act or prescribed by rules made by the
Government or by regulations made by the
Authority.
(4) The appellate authority prescribed under
sub-section (1) or (2) for the purpose of
hearing appeals may either on its own
motion or on application made to it call for
the record of any case in which an order
has been made by the Government or by
the Authority or others, and may pass
such order in relation to the case as it
deems fit:
Provided that the appellate authority shall
before disposing of such appeal or before
passing any such order give the appellant
and the authority making the order or
others a reasonable opportunity of being
heard either in person or by pleader as it
thinks fit:
Provided further that the orders, decisions
of the Government or Authority or others
shall remain in force pending the disposal
of the appeal, unless the appellate
authority conditionally or unconditionally,
direct otherwise.
(5) The appellate authority, after such inquiry,
if any, as he may consider necessary, may
make such order as he thinks fit including
imposing of financial penalty, and any
order so made shall be binding on the
Government or the Authority, or other
authority or officer who made the order
and on the appellant.
Modified
2-59

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
176. Effect of appeal and revision
on order passed by original
authority
(1) Where an appeal has been
preferred or an application for revision
has been made against any order
passed by an original authority under
this Ordinance, the appeal or the
application for revision shall not
operate as a stay of the order passed
by the original authority and such
order shall remain in force pending
the disposal of the appeal or the
application for revision, as the case
may be, unless the prescribed
appellate authority or revisional
authority otherwise directs.
(2) Notwithstanding anything
contained in sub section (1), if
application made by a person for
renewal of permit has been rejected
by the original authority and such
person has preferred an appeal or
made an application for revision under
this Ordinance against such rejection,
the appellate authority or, as the case
may be, the revisional authority may
by order direct that the permit shall,
notwithstanding the expiration of the
term specified therein, continue to be
valid until the appeal or the
application for revision is disposed of.
2D. Power to make rules
The Government may make rules for
the purposes of carrying into effect
the provisions of this Chapter.]
44 Effect of appeal and revision on order
passed by original authority._
(1) Where an appeal has been preferred or
an application for revision has been made
against any order passed by an original
authority under this Act, the appeal or the
application or revision shall not operate as
a stay of the order passed by the original
authority, and such order shall remain in
force, pending the disposal of the appeal
or the application for revision, as the case
may be, unless the appellate authority or
revisional authority otherwise directs.
(2) Notwithstanding anything contained in
sub-section (1), if application made by a
person for renewal of permit or a license,
has been refused or rejected by the
original authority, and such person has
preferred an appeal, or made an
application for revision under this Act,
against such refusal or rejection, the
appellate authority or, as the case may be,
the revisional authority may by order direct
that the permit or the license shall,
notwithstanding the expiration of the term
specified therein, continue to be valid until
the appeal or the application for revision is
disposed of.
45 Bar on jurisdiction of Civil Courts._
(1) No Civil Court shall have any jurisdiction to
entertain any question relating to-
(a) the grant of a license or registration or
authorization or permit, franchise or
certificate or any other documents under
this Act, and no injunction in respect of
any action taken or to be taken by the duly
constituted authorities under this Act with
regard to the grant of aforementioned
license or registration or authorization or
permit or certificate, shall be entertained
by any Civil Court; or
(b) any matter under the Act or any rules or
regulations made there under, where the
appeal lies with the Government or the
Authority and unless the matter is decided
by the Government or by the Authority.
46 Power to make rules._
(1) The Government may make such rules as
it may consider expedient for prescribing
anything which may be prescribed under
this Chapter, and otherwise for the
Inserted new
Modified
2-60

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -II
purpose of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generality of the
foregoing power or provisions and subsection
(1), and in particular, such rules
may, provide for or with respect to all or
any of the following matters, namely:-
(a) the manner of appointment, conduct and
discipline and the terms and conditions of
service of the officers and employees of
the Authority, the RTD and the WWS;
(b) the payment of gratuities, pensions and
other benefits to officers and employees of
the Authority the RTD and the WWS;
(c) the exemption, with or without conditions,
of any persons, or classes of persons, or
vehicles or classes of vehicles, from the
necessity of complying with any of the
requirements of this Act.
47 Power to make regulations._
(1) The Authority may, with the approval of
the Government, make such regulations
as it may consider expedient for
prescribing anything which may be
prescribed to supplement the provisions of
this Act, or for carrying out the purposes
and provisions of this Act, and for the
purposes of efficient discharge of functions
and duties by it, and any authority or
authorized officer or person under the Act,
and the officers and staff under its
employment.
(2) Without prejudice to the generality of the
foregoing provisions and sub-section (1),
and in particular, such regulations may,
provide for or with respect to all or any of
the following matters:
(a) the fees to be charged in respect of
anything done or any services rendered by
the Authority or by the officers and
employees of the Authority, or by the RTD
or by the WWS under or by virtue of this
Act;
(b) the fees in respect of the supply of
information maintained by the Authority or
by the RTD in relation to its functions; and
(c) fees in respect of surveys or searches
and/or the sale or copying of any maps,
plans or other documents made or
maintained by the Authority or by the RTD.
(d) the language and script in which any traffic
sign, notice, record, application, return or
other document shall be written.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER III : LICENSING OF DRIVERS OF MOTOR VEHICLES ........................................ 62
48. Requirements of driving license._ .......................................................................................... 62
49. Learner driving license._ ........................................................................................................... 62
50. Age limit for drivers._ ................................................................................................................ 63
51. Appointment letter for worker._ ............................................................................................. 64
52. Responsibility of owners and employers._ ............................................................................ 64
53. Restrictions on holding driving license._ ............................................................................... 65
54. Grant of driving license._ ......................................................................................................... 66
55. Classifications of driving license._ .......................................................................................... 69
56. Examination of applicants._ ..................................................................................................... 71
57. Addition to driving license._ ..................................................................................................... 73
58. Extent of validity of driving license._ ..................................................................................... 74
59. Period of validity of driving license._ ..................................................................................... 75
60. Mandatory revocation of driving license._ ............................................................................ 78
61. Power to disqualify, suspend or cancel driving license._ ................................................... 79
62. Power of Court to disqualify. – ................................................................................................ 81
63. Effect of disqualification or suspension._ .............................................................................. 82
64. Endorsement of disqualification or punishment._ ............................................................... 83
65. Appeal against orders refusing or revoking driving licenses._ ......................................... 86
66. Driving while disqualified, license suspended or revoked._ .............................................. 87
67. Authority may require re-examination or retest._ .............................................................. 87
68. Surrender and return of license._ ........................................................................................... 88
69. Persons disqualified for license._ ............................................................................................ 89
70. Unfitness to drive. – .................................................................................................................. 90
71. Unlawful use of license._ driving ............................................................................................. 90
72. Driving by unlicensed person._ ............................................................................................... 90
73. Driving license to drive motor vehicles of the Armed Forces._ ........................................ 91
74. Foreign driving license._ ........................................................................................................... 92
75. No operation under foreign license during suspension or revocation._ ......................... 93
76. Driving Instructor's Certificate.- ............................................................................................. 93
77. Driver training school license._ ............................................................................................... 95
78. Refusal, suspension or revocation of driver training school license._ ............................ 96
79. Reporting of traffic violation and conviction._ ..................................................................... 97
80. Professional drivers to attend if required._ .......................................................................... 98
81. Deprivation of driving license._ ............................................................................................... 98
82. Power to confiscate a driving license._ .................................................................................. 99
83. Persons exempted from driving license._ ........................................................................... 100
84. Power to make regulations._ ................................................................................................. 100
3-i

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
Proposed a
new law to
replace the
MVO 1983
CHAPTER II
LICENSING OF DRIVERS OF
MOTOR VEHICLES
3. Necessity for driving licence.-
(1) No person shall drive a motor
vehicle in any public place
unless he holds an effective
driving licence issued to himself
authorising him to drive the
vehicle; and no person shall so
drive a motor vehicle as a paid
employee or shall so drive a
transport vehicle unless his
driving licence specifically
entitles him so to do.
(2) The 18 [ Authority] may prescribe
the conditions subject to which
sub-section (1) shall not apply
to a person receiving instruction
in driving a motor vehicle
138. Driving without licence
Whoever drives a motor vehicle or
public service vehicle or whoever
causes or allows a motor vehicle or
public service vehicle to be driven in
contravention of the provisions of sub
section (1) of section 3 shall be
punishable with imprisonment which
may extend to four months, or with
fine which may extend to five hundred
Taka, or with both.]
CHAPTER III : LICENSING OF DRIVERS OF
MOTOR VEHICLES
48. Requirements of driving license._
(1) Except as may be otherwise provided by
or under this Act, no person shall drive a
motor vehicle of any class or description,
upon any roads or highways or in any
public place, unless such person holds an
effective driving license issued to him
under the provisions of this Chapter,
authorizing him to drive the type or class
of motor vehicle being driven.
(2) Subject to the provisions of sub-section
(1), no person shall so drive a motor
vehicle (other than a motor car or an auto
rickshaw) as a paid employee or shall so
drive any commercial vehicle (other than a
rental vehicle or a motor cycle hired for
self driving) or any medium or heavy
motor vehicle unless he holds an effective
professional driving license.
(3) The Authority may by regulations
prescribe the conditions subject to which
sub-section (1) shall not apply to a learner
driver or a probationer or a person
receiving instruction in driving a motor
vehicle.
(4) The Government or the Authority may by
rules or regulations prescribe terms and
conditions for the issue of a driving license
to the members of the forces for driving
respective service vehicles while on duty.
(5) A driving license issued under this
Chapter may be used as personal
identification card for such purposes as
may be prescribed.
(6) Any person who contravenes sub-section
(1) or (2) shall be guilty of an offence; and
any police officer in uniform or any
authorized road transport officer or other
authorized officer or person may, arrest
any such person without warrant.
49. Learner driving license._
(1) No person shall drive any motor vehicle
upon any road or in a public place as a
probationer or a learner driver or shall
receive any instruction in driving unless
such person holds an effective learner
driving license issued to him under this
section.
(2) Any person who is eighteen years of age
Modified
Inserted new
3-62

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
4. Age limit in connection with
driving of motor vehicles.-
(1) No person under the age of
eighteen years shall drive a
motor vehicle in any public
place.
and satisfies all other conditions laid down
in this chapter or as may be set forth by
rules or regulations made under this
chapter may, apply to the licensing
authority of the area where he resides, or
carries on business, or where he intends
to receive instruction in driving a motor
vehicle for a learner driving license.
(3) The licensing authority may, after the
applicant has successfully passed all parts
of the examination other than the practical
demonstration of driving specified under
sub-section (1) of section 56 and paid the
fee prescribed may, issue a learner driving
license for the type or class of vehicle the
application refers in accordance with this
Act or any rules or regulations made there
under and on such terms and conditions
as may be prescribed or as the authority
may deem necessary to impose.
(4) For the purpose of training, a learner
driver shall not drive upon any road or
highway a vehicle of the type or class not
specified in the learner driving license and
unless accompanied either by a certified
driving instructor or by a person who has
been the holder of at least a driving
license of the same class for more than
two years and is fit and capable of
exercising control over the vehicle and
who is occupying a seat beside the driver
but does not do so in return for a reward or
payment.
(5) Sub-section (4) shall not apply in case of a
motor cycle learner driver so far it relates
to the condition of driving instructor.
(6) Unless it is proved that the learner driver
has committed the violation against the
instruction and in spite of his warning, the
driving instructor shall be liable for all
violations of the provisions of this Act or
any rules and regulations made there
under and for all accidents that occur
during the instruction.
(7) No learner driver or a probationer shall
drive a motor vehicle on a route or in an
area or at a time other than that specified
by the authority issuing the license and at
a speed greater than that prescribed.
(8) Any person who contravenes sub-sections
(1), (4) and (7) shall be guilty of an
offence.
50. Age limit for drivers._
(1) No person, who is under the age of eighteen
years, shall drive a motor vehicle upon any
roads or highways or in any public place.
(2) No person being the holder of a professional
or a non-professional driving license, who
Modified
3-63

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(2) Subject to the provisions of
section 15, no person under
the age of twenty years
shall drive any motor
vehicle as a professional
driver in any public place.
has attained the age of sixty or sixty five
years respectively, shall drive any motor
vehicle upon any roads or highways or in
any public place:
Provided that the Authority may, exempt any
person otherwise found suitable after a test
of health and driving competence, from the
provision of this sub-section and grant such
person a special driving permit on such
terms and conditions as it deems fit, to drive
as a non-professional driver, a motor vehicle
of the type and class he has been previously
driving or a vehicle of lesser class till such
person attains the age of seventy five years.
4A. Appointment letter for
worker.-
(1) No owner of a transport
vehicle shall employ any
worker without giving such
worker a letter of
appointment in accordance
with the provisions of the
Road Transport Workers
Ordinance, 1961 (XXVIII of
1961).
(2) No worker shall work in a
transport vehicle unless he
holds a letter of
appointment issued under
sub-section (1).
5. Responsibility of owners of
motor vehicles for
contraventions of sections 3
and 4
No owner or person in charge
of a motor vehicle shall cause
or permit any person who does
(3) Subject to the provisions of sub-section (4)
of section 48 or section 73, no person under
the age of twenty-one years shall drive any
medium or heavy motor vehicle or any
passenger vehicle having more than thirty
seats excluding the driver upon any roads or
highways or in any public place.
(4) No driving license or a learner driving
license shall be issued to any person unless
he is eligible under this section to drive the
class of vehicle applied for.
(5) Any person who contravenes this section
shall be guilty of an offence.
51. Appointment letter for driver and
worker._
(1) No owner or employer of a transport
vehicle or any other motor vehicle
specified under this Act or prescribed or
any other person shall employ any worker
without giving such worker a letter of
appointment in accordance with the
provisions of The Bangladesh Labour Act,
2006 (Act No 42 0f 2006) or of the rules
framed in this behalf by the Government.
(2) No driver or other worker shall work in a
transport vehicle or any other motor
vehicle as specified under this Act or as
may be prescribed unless he holds a letter
of appointment issued to him under subsection
(1) and shall not work or permit to
work beyond the hours of work fixed under
the provisions of this Act or any rules or
regulations made there under.
(3) Any person who contravenes this section
shall be guilty of an offence.
52. Responsibility of owners and
employers._
(1) No owner or person in charge of a motor
vehicle or any employer shall employ or
cause or permit any person who does not
satisfy the provisions of section 48 or
Modified
Modified
3-64

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
not satisfy the provisions of
section 3 or section 4 to drive
the vehicle.
section 50 or section 51 to drive the
vehicle or when such person holds any
ineffective or improper or fictitious driving
license.
(2) No owner or employer shall allow, permit,
or authorize a driver to drive a motor
vehicle during any period in which the
driving license of such driver remains
suspended, revoked or cancelled or such
driver has been disqualified or unfit to
drive.
(3) Any person who employs any other
person to drive a motor vehicle, shall keep
a written record of the name, address,
particulars of driving license and a
photograph of such other person and shall
preserve the record at least for a period of
six months after the date when such
person ceases to be employed as a driver
and shall make the record available to any
police officer or a road transport officer or
other authorized officer or authority on
demand.
(4) The driver or the owner or person in
charge or any employer of a transport
vehicle shall maintain or cause to maintain
a log book in the prescribed form in
respect of the vehicle under his control
and shall keep record of all movements,
repairs and maintenance of the vehicle
and shall make the record available to any
police officer or a road transport officer or
other authorized officer or authority on
demand.
6. Restrictions on the holding of
driving licences
(1) No person shall, while he
holds any driving licence for
the time being in force, hold
any other driving licence
except a driving licence
issued in accordance with
the provisions of section 15,
or a document authorising, in
accordance with the rules
made under section 107, the
person specified therein to
drive a motor vehicle.
(2) No holder of a driving licence
shall permit it to be used by
any other person.
(5) Any person who contravenes this section
shall be guilty of an offence.
53. Restrictions on holding driving
license._
(1) No person shall, while he holds any driving
license for the time being in force, hold
any other driving license except a learner
driving license or a driving license issued
in accordance with the provisions of subsection
(3) of section 48, or of section 73
or of section 74, or a document
authorizing, in accordance with the rules
made under section 310, the person
specified therein to drive a motor vehicle.
(2) No holder of a driving license shall permit
it to be used by any other person.
(3) No person shall use a mutilated or
defaced or forged or altered or ineffective
or improper driving license.
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(3) Nothing in this section shall
prevent a licensing authority
having the jurisdiction
referred to in sub section (1)
of section 7 from granting a
professional or a non
professional driving licence if
the person is found fit for the
said driving licence or from
adding to the classes of
vehicles which the driving
licence authorises the holder
to drive.
7. Grant of driving 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 driving licence may
apply to the licensing authority
having jurisdiction in the area in
which he ordinarily resides or
carries on business or in which
the school or establishment
where he is receiving or has
received instruction in driving a
motor vehicle is situated or, if
the application is for a driving
licence to drive as a paid
employee, in which the
employee resides or carries on
business, for the issue to him of
a driving licence.
(2) Every application under sub
section (1) for driving licence to
drive a motor vehicle as a
professional driver shall be in
‘Form A’ and every application
to drive a motor vehicle as a
non professional driver shall be
in ‘Form B’ 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) Every application for a driving
licence shall be accompanied
by a medical certificate in ‘Form
C’ as set forth in the First
Schedule, signed by a
registered medical practitioner.
(4) Every application for a driving
licence shall be accompanied
by three clear copies of a recent
photograph of the applicant.
(4) Any person who contravenes this section
shall be guilty of an offence.
54. Grant of driving license._
(1) A driving license may be applied for,
granted, renewed, varied, or refused in
such manner and in such forms and to
such authority, as may be prescribed.
(2) The licensing authority shall, before
granting a driving license require the
applicant-
(a) to pass to the satisfaction of the licensing
authority the test specified herein and any
other prescribed test including
competency and medical;
(b) to comply with any prescribed procedures
and requirements;
(c) to make a declaration as to his health, eye
sight, competence, qualification,
disqualification, previous license etc.
certified by an authorized officer;
(d) to have any prescribed qualification,
training, skill and experience;
(e) to produce a certificate of his training by a
driving instructor and competency by a
driving examiner;
(f) to pay prescribed fee and/or service
charge;
(g) to provide proof of identity, nationality,
place of residence and age.
(3) The licensing authority may, if it is satisfied
that the applicant has successfully passed
the test specified hereinafter and the
prescribed test and is qualified and fit to
hold such a license, grant a driving license
to the applicant indicating thereon the type
of license such as professional or nonprofessional
as the case may be, and the
type or class of motor vehicle the licensee
may drive including the extent of the
restriction if imposed.
(4) Every driving license shall bear thereon a
distinguishing number assigned to the
licensee, name, father’s name, date of
birth, permanent address, a brief
Modified and
included
relevant
provisions of
the omitted 1 st
(forms), 2 nd and
the 3 rd
schedule. The
forms to be
used for the
purposes of this
chapter will be
developed and
made part the
Regulations
(sub ordinate
law).
3-66

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(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 authorizes by the
driving 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 driving licence:
Provided that,-
(a) a driving 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
driving licence to drive such
motor vehicle as the licensing
authority may specify in the
driving licence.
description of authorized vehicle class, a
photograph, and the signature and thumb
impression of the licensee, date of expiry
of the license or any other information as
may be prescribed or specified.
(5) The licensing authority upon issuing a
driving license shall have authority
whenever good cause appears to impose
restrictions suitable to the licensee’s
driving ability with respect to special
mechanical control devices required on a
motor vehicle which the licensee may
drive or such other restrictions applicable
to the licensee as the licensing authority
may determine to be appropriate to assure
the safe operation of a motor vehicle by
the licensee.
(6) The licensing authority may either issue a
special restricted license, or may set forth
such restrictions upon the usual license
form, and upon receiving satisfactory
evidence of any violation of the restrictions
of such license may, after giving the
licensee an opportunity of being heard,
suspend or revoke the same.
(7) It shall be an offence to issue a driving
license or an authorization under subsection
(5) of section 55 to a person not
eligible for such license or authorization
under the Act or any rules or regulations
made there under.
(6) No driving licence shall be
issued to any applicant unless
he passes to the satisfaction of
the licensing authority the test
of competence to drive
specified in the Third Schedule:
Provided that, where the
application is for a non
professional driving licence to
drive a motor cycle or a motor
car, the licensing authority shall
exempt the applicant from Part I
of the test specified in the Third
Schedule if the licensing
authority is satisfied:-
3-67

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(a) that the applicant has
previously held a driving licence
and that the period between the
date of expiry of that driving
licence and the date of such
application does not exceed
three years; or
(b)
hat the applicant holds a valid
driving licence issued by a
competent authority of any
country outside Bangladesh:
Provided further that where the
applicant, being a serving
member of the armed forces of
Bangladesh, 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
his application, the licensing
authority shall, subject to the
prescribed condition, exempt
him from the test specified in
the Third Schedule and issue to
him a driving licence for class or
classes of motor vehicles he
has been so driving.
(7) No applicant shall be entitled to
appear in the test of
competence to drive unless he
holds a valid learner’s driving
licence 68uthorizes68 him to
drive the vehicle of the type to
which the application refers for
not less than three months
immediately before the date of
the test or holds a valid driving
licence issued by a competent
authority.
(8) The test of competence to drive
shall be carried out in a vehicle
of the type to which the
application refers, and for the
purpose of Part I of the test,¬-
(a)
a person who passes the test in
driving a heavy motor vehicle
shall be deemed also to have
passed the test in driving any
medium or light motor vehicle
other than a motor cycle, motor
cab rickshaw, road roller,
tractor, locomotive, scraper,
grader, crane or bulldozer;
(b) a person who passes the test in
driving a medium motor vehicle
3-68

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
shall be deemed also to have
passed the test in driving a light
motor vehicle other than a
motor cycle, motor cab
rickshaw, road roller, tractor,
locomotive, scraper, grader,
crane or a bulldozer.
(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 a
fee of 20 [ one hundred and fifty
Taka], the licensing authority
shall grant the applicant a
driving 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 driving licence:
Provided that, a licensing
authority may issue a driving
licence not being a professional
driving licence to drive a motor
cycle or 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 the
appropriate licensing authority:
Provided further that the
licensing authority shall not
issue a new driving licence to
the applicant, if he had
previously held a driving licence
issued under this Ordinance,
unless it is satisfied that there is
good reason for his inability to
obtain a duplicate copy of his
former driving licence.
55. Classifications of driving license._
(1) The driving licenses shall be issued in the
following classifications-
(a) Class A- any single or combination of
vehicle including articulated having more
than sixty seats excluding the driver or
more than 3 axles having registered laden
weight or train weight in excess of 22000
kilograms;
(b) Class B- any single or combination of
vehicle including articulated up to sixty
seats excluding the driver or not more than
Inserted new
3-69

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
3 axles having registered laden weight or
train weight in excess of 12000 kilograms
but not in excess of 22000 kilograms;
(c) Class C- any single or combination of
vehicle including articulated up to thirty
seats excluding the driver or not more than
2 axles having registered laden weight or
train weight in excess of 7500 kilograms
but not in excess of 12000 kilograms;
(d) Class D- any single or combination of
vehicle up to fifteen seats excluding the
driver or having registered laden weight or
train weight not in excess of 7500
kilograms;
(e) Class E- any single vehicle up to eight
seats excluding the driver or having
registered laden weight or unladen weight
not in excess of 3500 kilograms;
(f) Class M- any motor cycle including side
cars; this may be issued as only
classification on a license if the applicant
is not licensed for any other classification,
otherwise this may be endorsed upon a
license valid for any other class; and
(g) Class T- any three wheel motor vehicle up
to eight seats excluding the driver or
having registered laden or unladen weight
not in excess of 2500 kilograms; this may
be issued as only classification on a
license if the applicant is not licensed for
any other classification, otherwise this may
be endorsed upon a license valid for any
other class.
(2) The licensing authority shall not issue a
license in class A, unless the applicant
holds a license of immediate lower class
i.e. B for at least two years; or in class B,
unless the applicant holds a license of
immediate lower class i.e. C for at least
two years; and have knowledge
appropriate to the operation of the vehicle
and have passed a practical driving test of
the type covered by the license class
which the applicant is seeking.
(3) A license in any of the classes C, D or E
may be issued if the applicant qualify for
such a license:
Provided that a person granted a license
in class C without having at least one year
experience in driving a vehicle in classes
either D or E, shall remain under probation
for at least one year, that is to say, during
the said period of one year he shall be
authorized to drive the vehicle under the
close supervision of a bonafied driver.
(4) The holder of a driving license shall be
entitled to drive all vehicles in the class for
which the license is issued and all lower
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
classes of vehicles except under classes
M and T and shall not drive any of the
vehicle specified under sub-section (5)
unless an endorsement to that effect is
made in the license by the licensing
authority:
Provided that no authorization and
endorsement of vehicle specified under
sub-section (5) shall be made in any
license unless the applicant holds a
vocational license issued under Chapter IV
and is twenty one years of age and has
experience in driving a vehicle in the
respective class for at least one year and
he is recommended for such authorization
by the respective RTA.
(5) Classified license under sub-section (1)
shall not authorize the holder thereof to
drive any of the following vehicle unless
categorical authorization and
endorsements in this regard is made in the
license based on the vocational license-
(a) “H”- authorizes the driver to drive a vehicle
transporting hazardous materials;
(b) “R”- authorizes driving double and triple
trailers;
(c) “P”- authorizes driving a public service
vehicle having more than fifteen seats
excluding the driver;
(d) “N”- authorizes driving tank vehicles or
tank Lorries.
(6) The Authority shall establish such
qualifications as it believes reasonably
necessary in addition to the qualifications
specified in this section for the safe driving
and operation of the various types, sizes,
or combinations of vehicles and shall
determine by appropriate examination
whether each applicant is qualified for the
license classification or endorsement for
which application has been made.
56. Examination of applicants._
(1) The licensing authority or the authorized
driving examiners shall examine every
applicant for a driving license; such
examination shall among others include a
test of the applicant’s-
(a) ability to read and understand either
Bangla or English;
(b) ability to distinguish with each eye at a
distance of 23 meters or in good daylight
(with the aid of glasses, if worn) ordinary
registration marks of motor vehicles in
white on a black ground of the same size
and arrangement as those of the
registration mark of a motor car);
Inserted new
3-71

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
8. Form and contents of driving
licence.-
(c) ability readily to distinguish the pigmentary
colours red and green;
(d) ability to read and understand official
traffic-control devices;
(e) ability to hear the ordinary sound signals
(with the aid of hearing aids, if worn)
(f) knowledge of the Rules of the road and
safe driving practices;
(g) knowledge of drivig regulations under the
Act or any rules or regulations made there
under.
(h) knowledge of any authorized highway
code;
(i) knowledge appropriate to the driving and
operation of the vehicle or combination of
vehicles, and practical demonstration of
ability, to exercise ordinary and
reasonable control in the driving of a
vehicle or combination of vehicles of the
type covered by the license classification
or endorsement under section 55 which
the applicant is seeking.
(2) The examination may also include such
further physical and mental examinations
as the licensing authority finds necessary
to determine the applicant’s physical and
mental conditions and competence to
drive a motor vehicle safely upon the
highways.
(3) The licensing authority may exempt an
applicant from the requirement of
demonstrating applicant’s ability to
exercise ordinary and reasonable control
in the operation of a motor vehicle or from
any other test if it determines that the
applicant possess a valid driving license or
a license that has not expired more than
five years back, issued by a competent
authority in Bangladesh including the
Forces or outside Bangladesh that
requires a comparable demonstration or
other test for license issuance.
(4) The examination and test under this
section shall be conducted in the
prescribed manner upon payment of
prescribed fee by driving examiner(s)
nominated or appointed by the Authority.
(5) The Authority may prescribe
qualifications, skill and experience,
procedures and conditions for the
nomination or appointment of driving
examiners (not being a road transport
officer) and for the revocation and
cancellation of such nomination or
appointment.
The forms, for
the flexibility of
3-72

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(1) Every professional driving licence
except a driving licence, issued
under section 15, shall be in
‘Form D’ and every non
professional driving licence,
except a driving licence issued
under section 15, shall be in
‘Form E’ as set forth in the First
Schedule and that every driving
licence shall have affixed thereto
a signature or thumb impression
of the applicant and a photograph
referred to in sub section (4) of
section 7.
21
(2) The [ Authority may by
regulations] made under section
22 lay down the procedures for
the granting of professional and
non professional driving licence.
9. Addition to driving licence.-
(1) Any person holding a driving
licence issued under this
Chapter who is not for the time
being disqualified for holding or
obtaining a driving licence may
apply in ‘Form F' as set forth in
the First Schedule to the
licensing authority having
jurisdiction in the area in which
he ordinarily resides, or carries
on business or, if the
application relates to a driving
licence to drive as a paid
employee, in which the
employer resides or carries on
business, for the addition of
another class of motor vehicle
to the driving licence.
(2 ) The provisions of section 7,
except sub sections (3) and (4)
thereof, shall apply to an
application under this section as
if the application were for the
grant of a driving licence under
that section to drive the class of
57. Addition to driving license._
(1) The holder of a driving license under this
Chapter, who is not for the time being
disqualified for holding or obtaining a
driving license, or whose driving license
has not been suspended or cancelled and
who satisfies other conditions specified
herein this chapter or under any rules or
regulations made under this chapter may,
apply for the addition or endorsement of
another class or category of motor vehicle
to his driving license.
(2) An application to include another class or
category of motor vehicle to a driving
license shall be made, granted, or refused
only in accordance with the regulations.
(3) The licensing authority may, before
making any addition or endorsement to a
driving license, require the applicant –
(a)
to comply with any prescribe procedures
and requirements, to pay required fee, to
have appropriate qualifications, to undergo
any appropriate training and to pass any
appropriate test; and
modification
and
development,
have been
taken out of the
mother law.
The forms to be
used for the
purposes of this
chapter will be
developed and
made part the
Regulations
(sub ordinate
law).
The procedures
for granting and
renewal,
addition and
alteration will
be, for the
purpose of
flexibility and
moderinization,
made part of
the Regulations
(Subordiante
law which can
be changed by
the Authority in
concurrence
with the
Government)
Modified
3-73

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
motor vehicle which the
applicant desires to be added to
his driving licence.
(3) No fee other than a fee for the
test of competence to drive and
a fee equal to half of the fee
provided under sub section (9)
of section 7 shall be charged for
an addition to a driving licence
under this section.
10. Extent of validity of driving
licence.-
(1) Subject to any 22 [ regulations
made by the Authority] under
sub section (3), a driving licence
issued under the foregoing
sections shall be effective
throughout Bangladesh.
(2) Subject, in the case of
international driving permits
issued in pursuance of the
International Convention
relating to motor traffic
concluded at Paris on the 24th
day of April, 1926, or of any
Convention modifying the
23
same, to any [ regulations
made by the Authority] under
section 107, a driving licence to
drive a motor vehicle issued by
a competent authority shall be
valid throughout Bangladesh as
if it were a driving licence
issued under this Ordinance:
Provided that, such holder of
driving licence is not
disqualified under any of the
provisions of this Ordinance for
holding or obtaining a driving
licence in Bangladesh.
24
(1) The [ Authority may by
regulations] made under
section 22,-
(a) provide that a specification
entitling the holder of a driving
licence to drive a transport
vehicle shall be made in the
driving licence only by or under
the authority of the Transport
Committee constituted under
Chapter V,
(b) regulate the submission of
applications for such driving
25
licences to the [ said
Committee], or
(b)
to satisfy it that the applicant has held the
driving license for the period prescribed,
had undergone the necessary training and
attained the age and experience specified
herein this chapter or prescribed by
regulations made under this chapter.
58. Extent of validity of driving license._
(1) Subject to any regulations made under
sub-section (2), a driving license issued
under this chapter not being a learner
driving license issued under section 49 or
a restricted license issued under subsection
(5) or (6) of section 54 shall be
effective throughout Bangladesh.
(2) The Authority may, by regulations made
under section 84-
(a) provide that an authorization and
endorsement under sub-section (4) of 55
entitling the holder of a driving license to
drive a vehicle specified therein shall be
made in the driving license by the
licensing authority only under the authority
of the RTA appointed under section 125 or
the Authority;
(b) regulate the submission of applications for
such driving licenses to the RTA, or to it;
(c) require as a condition of its validity in
Bangladesh that a foreign driving license
entitling the holder to drive a public service
vehicle shall be countersigned by a
prescribed authority in Bangladesh.
Modified
3-74

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(c)
require as a condition of its
validity in Bangladesh that a
driving licence entitling the
holder to drive a transport
vehicle shall be countersigned
by a prescribed authority in
Bangladesh.
11. Currency of driving licences.-
A driving licence issued or
renewed under this Ordinance,
shall, subject to the provisions
contained in this Ordinance as
to the cancellation of driving
licences and disqualification of
holders of driving licences for
holding or obtaining driving
licences, be effective without
renewal for a period of twelve
months only from the date of
issue of the driving licences or,
as the case may be, from the
date with effect from which the
driving licences are renewed
under section 12, and the
driving licences shall he
deemed to continue to be
effective for a period of fifteen
days after the date of its expiry:
Provided that if the licensing
authority has reasons to believe
that the applicant has been
employed abroad or has signed
a contract for employment
abroad, it may renew a
professional driving licence for
a period not exceeding three
years at a time on payment of
the fees specified under subsection
(4) of section 12 for
each such year:
Provided further that where the
applicant so desires, a non
professional driving licence may
be renewed for a period of three
years at a time on payment of
fees provided under sub section
(4) of section 12 for each such
year subject to the condition
that, on becoming unfit to drive
by virtue of disease of disability,
the holder shall surrender the
driving licence within fifteen
days, to the licensing authority
within whose jurisdiction he
resides or, to the licensing
authority which issued it.
59. Period of validity of driving license._
(1) A driving license issued or renewed under
this Act, shall, subject to the provisions
contained in this Act or the rules or
regulations made there under as to the
suspension or cancellation of driving
license and disqualification of holders of
driving licenses be effective-
(a) in case of a non-professional driving
license for ten years from the date of issue
or renewal or replacement; and
(b) in case of a professional driving license for
five years from the date of issue or
renewal or replacement.
to be specified in the license by the
authority issuing or renewing the license.
(2) On becoming unfit to drive by virtue of any
disease or disability, and on attaining the
highest limit of age for holding a driving
license, the holder shall in accordance to
the procedure laid down in this chapter or
under the rules or regulations made,
surrender the driving license to the
licensing authority which issued it or to
such other authority as may be prescribed.
(3) If the licensing authority has reasons to
believe that the applicant has been
employed abroad or has signed a contract
for employment abroad, it may issue or
renew a professional driving license for a
period not exceeding ten years at a time
on payment of requisite fee.
(4) A driving license may be issued or
renewed for a shorter period than that
provided in sub-section (1) in the case of a
restricted license issued under sub-section
(5) or (6) of section 54 or on ground of
health, age or if the holder of the license is
likely to attain the age of highest limit
specified in this Act or prescribed under
the rules or regulations for holding a
driving license before the expiry of the full
period.
(5) A driving license granted or renewed
under this Act or under the rules or
regulations made shall cease to be
effective thirty days after the date of expiry
Modified
3-75

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
12. Renewal of driving licences.-
(1) Any licensing authority may, on
application made to it, renew a
driving licence issued under the
provisions of this Ordinance
with effect from the date of its
expiry:
Provided that, in any case
where the application for the
renewal of a driving licence is
made more than fifteen days
after the date of expiry, the
driving licence shall be renewed
with effect from the date of its
renewal:
of the license unless renewed or replaced
or as soon as the holder of the license
attains the age of highest limit specified in
this Act or prescribed under the rules or
regulations for holding a driving license.
(6) A driving license (not being a learner
driving license) may before or within one
month of expiry be replaced or renewed
on the application of the holder thereof in
the prescribed manner till the holder
attains his seventy-fifth year of age in the
case of a non-professional and sixtieth
year of age in the case of a professional
driving license respectively, on payment of
requisite fee and satisfactory completion of
such examination and test of health, eye
sight and competence and on such
conditions as may be prescribed.
(7) If the application for renewal or
replacement of driving license is not made
within five years of the date of expiry the
licensing authority may before renewing or
replacing the license, require the holder
thereof to give a test of health or eye sight
and a demonstration of his ability to drive
unless it is satisfied that at some time
during this period the holder of the license
has held a driving license issued to him by
the appropriate authority in any country
authorizing him to drive a motor vehicle of
the class he would be authorized to drive
by the license applied for.
(8) A learner driving license or a probationer
driving license issued under this Act, shall,
subject to the provisions contained in this
Act or the rules or regulations made there
under as to the cancellation and
disqualification of the holder thereof be
effective for one year and shall not be
renewable.
(9) Any person who contravenes sub-section
(2) shall be guilty of an offence.
The procedures
for granting and
renewal,
addition and
alteration will
be, for the
purpose of
flexibility and
moderinization,
made part of
the Regulations
(Subordiante
law which can
be changed by
the Authority in
concurrence
with the
Government)
3-76

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
Provided further that every
application for the renewal of
professional licence shall be
accompanied by a fresh
medical certificate in ‘Form C'
as set forth in the First
Schedule signed by a
registered medical practitioner
and the provisions of sub
section (5) of section 7 shall
apply to every such case.
(2) Every professional driving
licence holder shall undergo
and pass the test as set forth in
the Third Schedule, on the
expiry of every three years from
the date of issue of the driving
licence or, at the time of third
renewal, whichever occurs
earlier, and if he fails to pass
the specified test, his driving
licence shall be deemed to
have been revoked. Such
holder of driving licence shall,
however, be entitled to appear
in the test once after every
three months till he passes the
test, on payment of fee for each
such test of competence to
drive.
(3) An application for the renewal
of a driving licence shall be
made in ‘Form G' as set forth in
the First Schedule and shall
contain the declaration required
by that form:
Provided that, where 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) Where an application for the
renewal of a driving licence is
made previous to, or not more
than fifteen days after the date
of its expiry, the fee payable for
such renewal shall be 26 [ one
hundred Taka] for each twelve
months from the date of expiry.
(5) Where an application for the
renewal of a driving licence is
made more than fifteen days
after the date of its expiry, the
fee payable for such renewal
shall be 27 [ one hundred Taka]
for each twelve months from the
date of expiry:
3-77

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
Provided that the fee referred to
in sub section (4) may be the
licensing authority, if it is
satisfied that the applicant was
prevented by good cause from
applying within the time
specified in that sub section:
Provided further that if the
application is made more than
three years after the driving
licence has ceased to be
effective, the licensing authority
may refuse to renew the driving
licence, unless the applicant
undergoes and passes to its
satisfaction the test of
competence to drive as set forth
in the Third Schedule.
(6) When the authority renewing
the driving licence is not the
authority which issued the
driving licence, it shall intimate
the fact of renewal to the
authority which issued the
driving licence.
13. Revocation of driving licence
on grounds of disease or
disability.-
Notwithstanding anything
contained in the foregoing
sections, any licensing authority
or any other prescribed
authority may at any time
revoke a driving licence, or may
require, as a condition of
continuing to hold such driving
licence, the holder thereof to
furnish a fresh medical
certificate in ‘Form C' as set
forth in the First Schedule,
signed as required by sub
section (3) of section 7, if the
licensing authority has
reasonable grounds to believe
that holder of the driving licence
is, by virtue of any disease or
disability, unfit to drive a motor
vehicle; and where the authority
revoking the driving licence is
not the authority which issued
the same, it shall intimate the
fact of revocation to the
authority which issued that
driving licence
60. Mandatory revocation of driving
license._
The licensing authority shall, after giving the
holder an opportunity of being heard, revoke the
license of a driver upon conviction by a court for
committing any of the following offences-
(a) homicide by vehicle under section 255;
(b) causing the death of another person by
driving of a motor vehicle;
(c) reckless driving or racing under section
253 or 254;
(d) fleeing or attempting to elude a police
officer under section 256;
(e) driving when mentally or physically unfit to
drive as prohibited by or under this Act;
(f)
(g)
(h)
driving or being in actual physical control
of a motor vehicle while under the
influence of alcohol or any drink or drug or
intoxicating beverages as prohibited by or
under this Act or by any other law for the
time being in force;
felony of any cognizable offence in the
commission of which a motor vehicle is
used;
failure to stop, render aid, or identify the
driver as required by section 278 in the
event of a motor vehicle accident resulting
in the death or personal injury of another;
Modified
3-78

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
16. Power of licensing authority
to disqualify for holding a
driving licence.-
(1) If a licensing authority is
satisfied after giving him an
opportunity of being heard that
any person-
(a)
(b)
(c)
(d)
is a habitual criminal or a
habitual drunkard, or
is using or has used a motor
vehicle in the commission of a
cognizable offence, or
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, or
has committed an offence
specified in the Fifth Schedule,
it may, for reasons to be
recorded in writing, make an
order disqualifying that person
for a specified period for holding
or obtaining a driving licence.
(2) Upon the issue of any such
order, a person affected, if he is
the holder of a driving licence,
shall forthwith surrender his
driving licence to the licensing
authority making the order, if
the driving licence has not
already been surrendered, and
the licensing authority shall-
(a) if the driving licence is a driving
licence issued under this
Ordinance keep it until the
disqualification has expired or
has been removed, or
(b) if it is not a driving licence issued
under this ordinance endorse
the disqualification upon it and
(i)
(j)
(k)
perjury or the making of a false affidavit or
statement under oath to any authority or
officer acting under this Act or under any
other law relating to the ownership or
operation of motor vehicles;
an offence punishable under this Act with
imprisonment for more than six months or
with penalty thirty units or more; or
the unlawful use of a license as prohibited
by section 70.
61. Power to disqualify, suspend or cancel
driving license._
(1) If the Authority or any licensing authority or
any other prescribed authority is satisfied
after giving him an opportunity of being
heard that any holder of driving license-
(a) is a habitual criminal or a habitual
drunkard, or
(b) has at the time of test, alcohol in his
breath, blood or urine exceeding the
prescribed limit in contravention of section
258; or
(c) is using or has used a motor vehicle in the
commission of a cognizable offence, or for
immoral purposes or for willful obstruction
of traffic; or
(d) has by his previous conduct or habits as
driver of a motor vehicle establishes that
his driving is likely to be attended with
danger to the public or vehicle or traffic, or
(e) has been convicted with such frequency of
serious offences against traffic regulations
governing the movement of vehicles as to
indicate a disrespect for traffic laws and a
disregard for the safety of other persons or
vehicle or traffic on the roads or highways;
(f) is a habitually reckless, dangerous or
negligent driver of a motor vehicle, such
fact being established by the demerit point
system in sub-section (3) or by a record of
accidents, or by other evidence
(g) was not entitled to the issuance or renewal
of the license or is not competent to drive
the authorized vehicle, or
(h) has committed an offence for which
mandatory revocation of license is
required upon conviction, or which is
punishable with imprisonment for six
months or more or with penalty thirty units
or more; or
(i) has incurred prescribed demerit points
within prescribed period by committing
demerit point offence specified in The
Schedule or prescribed under the rules or
regulations made;
(j) suffers from a disease or disability likely to
Modified; the
relevant
provisions of
the 5 th schedule
have been
included under
the sec tion and
the 5 th schedule
has been
omitted from
the mother law.
3-79

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
send it to the licensing authority
by which it was issued.
(3) Any person aggrieved by an
order made by a licensing
authority under this section
may, within thirty days of the
receipt 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.
cause the driving by him of a vehicle to be
a source of danger to the public; or
(k) is disqualified by a court from holding or
obtaining a driving license, or
(l) has failed to give the required or correct
information in the application for grant or
renewal of the license or has obtained a
driving license by fraud or by misrepresentation
or other dishonest means;
or
(m) has violated driver's written promise to
appear given to an officer upon the
issuance of a traffic citation or has failed to
appear in a court at the time specified by
the court;
it may, upon a showing by its records or
other sufficient evidence, for reasons to be
recorded in writing, make an order
disqualifying that person for a specified
period for holding or obtaining a driving
license or may suspend the license for a
specified period or may cancel it.
(2) Any RTA appointed under 125 of the Act
or any other prescribed authority 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
driving license to drive any transport
vehicle or a transport vehicle of particular
description in Bangladesh.
(3) For the purpose of identifying habitually
reckless, dangerous or negligent drivers
and habitual or frequent violators of traffic
regulations governing the movement of
vehicles, the Authority shall adopt
regulations establishing a uniform system
assigning demerit points for convictions of
violations under this Act or under any
other Act adopted by local authorities
regulating the operation of motor vehicles;
the regulations shall include a designated
level of point accumulation which so
identifies drivers.
(4) Upon the issue of any such order under
sub-section (1) or (2), a person affected, if
he is the holder of a driving license, shall
forthwith surrender his driving license to
the authority making the order, if the
driving license has not already been
surrendered, which shall take action as
provided under sub-section (3) of section
68.
(5) Any person who fails to surrender his
driving license to the authority making the
order as required under sub-section (4).
(6) Any person aggrieved by an order made
by the Authority or any licensing authority
3-80

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
17. Power of Transport
Committee to disqualify.-
(1) Any Transport Committee
constituted under Chapter
V 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
driving licence to drive any
transport vehicle or a
transport vehicle of
particular description in
Bangladesh.
(2) Any person aggrieved by
an order of a Transport
Committee 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 disqualify.-
(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 driving licence or for
holding a driving licence to drive a
particular class or description of
vehicle.
(2) A Court shall order the
disqualification of an offender,
convicted of an offence
punishable under section 143,
and such disqualification shall be
for a period of not less than one
year.
(3) A Court shall order the
disqualification of an offender,
convicted of an offence against
the provisions of clause (c) of sub
or other prescribed authority under this
section may, prefer an appeal as provided
under sub-section (2) of section 65 and
the provisions of sub-sections (3) and (4)
of the said section shall there upon apply.
62. Power of Court to disqualify. –
(1) Without prejudice to the provisions of this
Act relating to mandatory disqualification,
where a person is convicted of an offence
committed under sections 279, 338A or
304B of the BPC or of an offence
punishable under section 255 or under any
other section of this Act or of an offence in
the commission of which a motor vehicle
or any other vehicle was used, the Court
by which such person is convicted may,
subject to the provisions of this section
and the schedule, in addition to imposing
any other punishment by law, declare the
person so convicted to be disqualified, for
holding any driving license or for holding a
driving license to drive a particular class or
description of vehicle, for such period as
the court may think fit, which may extend
to life time if the conviction is for causing
death or grievous injury or any other injury
to any person or damage to any property.
(2) A Court shall order the disqualification of
an offender, convicted for an offence
committed under the Act which is
punishable with imprisonment for six
months or more and penalty thirty units or
more, and such disqualification shall be for
a period of not less than three months and
may extend to life time.
Transferred and
modified
Modified
3-81

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
section (1) of section 102 or of
section 104, and such
disqualification shall be for a
period of not less than six months.
(4) A Court shall, unless for special
reasons to be recorded in writing
it thinks fit to order otherwise,
order the disqualification of an
offender-
(a) who having been convicted of an
offence punishable under section
143 is again convicted of an
offence punishable under that
section;
(b) who is convicted of an offence
punishable under section 148, or
(c) who is convicted of an offence
punishable under section 152:
Provided that, the period of
disqualification shall not exceed,
in the cases referred to in clauses
(a) and (b), two years or, in the
case referred to in clause (c), one
year.
(3) A Court ordering the disqualification of an
offender under sub-section (1) or (2) may,
impose any one or more of the following
requirements-
(a) re-examination by the licensing authority;
(b) a physical or mental examination by a
selected physician; or
(c) attendance at, and satisfactory completion
of a driver improvement course approved
by the Authority or by the licensing
authority.
(4) The Court to which an appeal lies from
any conviction of an offence of the nature
specified in sub-section (1) and (2) 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.
(5) A Court ordering the
disqualification of an offender
convicted of an offence
punishable under section 143
may direct that the offender
shall, whether he has previously
passed the test of competence
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
63. Effect of disqualification or
Modified
3-82

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
order.-
(1) A person of whom any
disqualification order is made
shall be debarred to the extent
and for the period specified in
such order from holding or
obtaining a driving licence and
the driving 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,
either 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 driving licence, if any,
held by the person disqualified,
particulars of the order of
disqualification and of any
conviction of 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.
suspension._
(1) A person of whom any disqualification
order is made or whose driving license is
suspended shall be debarred to the extent
and for the period specified in such order
from holding or obtaining a driving license
and the driving license, 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 61 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 other authority, as the
case may be, may having regard to all the
circumstances, either remove or vary the
order of disqualification:
Provided that where an application has
been made under this section a second
application there under shall not be
entertained before the expiry of a further
period of six months.
(4) It shall be an offence for a person to drive
a motor vehicle in contravention of subsection
(1), or if he is disqualified or his
license is suspended or cancelled under
any other provisions of the Act; and if any
person causes or allows or permit such a
person to drive a motor vehicle, he shall
also be guilty of an offence.
64. Endorsement of disqualification or
punishment._
(1) The Court or any other authority making
an order of punishment, disqualification or
suspension shall in the prescribed
manner, endorse or cause to be endorsed
in the record or upon the driving license, if
any, held by the person punished or
disqualified, particulars of the order of
punishment or disqualification or
suspension and of any conviction of 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 63 shall be similarly so
Modified
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CHAPTER -III
(2) A Court by which any person is
convicted of an offence specified
in parts A and B of the Fifth
Schedule shall, whether or not
an order of disquali¬fication is
made in respect of such
conviction, endorse or cause to
be endorsed, particulars of such
conviction, on any driving licence
held by the person convicted.
(3) Any person accused of an
offence specified in the Fifth
Schedule shall, when attending
the Court, bring with him his
driving licence if it is in his
possession.
21. Transfer of endorsement and
issue of driving licence free
from endorsement.-
(1) An endorsement on any driving
licence shall be transferred to any
new or duplicate driving licence
obtained by the holder thereof
until the holder becomes entitled
under the provisions of this
section to have a driving licence
issued to him free from
endorsement.
(2) Where a driving licence is
required to be endorsed and the
driving 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 driving
licence, he shall produce the
driving licence to the Court or
authority within five days, or such
longer time as the Court or
authority may fix, or
(b) if, not being then the holder of a
driving licence, he subsequently
obtains a driving licence, he shall
within five days after obtaining the
driving licence produce it to the
Court or authority; and if the
driving licence is not produced
within the time specified it shall on
endorsed.
(2) A Court by which any person is convicted
of an offence punishable with
imprisonment and/or with penalty units
thirty or more 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 in
the record or on any driving license held
by the person convicted.
(3) Any person accused of an offence shall
when attending the Court or a trying
officer, bring with him his driving license if
it is in his possession.
(4) Any person who fails to produce his
driving license for endorsement under this
section shall be guilty of an offence.
(5) An endorsement on any driving license by
the Court or any other authority shall be
made, transferred to any new or duplicate
driving license in accordance to such
procedure as may be prescribed.
The procedures
endorsement
and
communication
of information
will be, for the
purpose of
flexibility and
moderinization,
made part of
the Regulations
(Subordiante
law which can
be changed by
the Authority in
concurrence
with the
Government)
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
the expiration of such time be of
no effect until it is produced for
the purpose of endorsement.
(3) A person whose driving licence
has been endorsed shall, if during
a continuous period of three years
since the last endorsement was
made no further order of
endorsement has been made
against him, be entitled on
surrendering his driving licence
and on payment of a fee of 28 [
thirty five Taka] to receive a new
driving licence free from all
endorsements. If the
endorsement was only in respect
of exceeding a speed limit, he
shall be entitled to have a clean
driving licence issued on the
expiration of one year from the
date of the order:
Provided that in reckoning the
said period of three years and
one year, respectively, any period
during which the said person was
disqualified for holding or
obtaining a driving licence shall
be excluded.
(4) When a driving licence is
endorsed by or an order of
endorsement is made by any
Court, the Court shall send
particulars of the endorsement or
order, as the case may be, to the
licensing authority by which the
driving licence was last renewed
and to the licensing authority
which granted the driving licence.
(5) Where the holder of a driving
licence is disqualified by the order
of any Court for holding or
obtaining a driving licence, the
Court shall take possession of the
driving licence and forward it to
the licensing authority by which it
was granted or last renewed and
that authority shall keep the
driving 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
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Court shall endorse the driving
licence to this effect and shall
send a copy of the order of
disqualification to the licensing
authority by which the driving
licence was granted and shall
return the driving licence to the
holder.
(6) Where, on an appeal against any
conviction or order of a Court
which has been endorsed on a
driving licence, the appellate
Court varies or sets aside the
conviction or order, the appellate
Court shall inform the licensing
authority by which the driving
licence was last renewed and the
licensing authority which granted
the driving licence, and shall
amend or cause to be amended
the endorsement of such
conviction or order.
14. Orders refusing or revoking
driving licences and appeals
therefrom.-
(1) Where a licensing authority
refuses to issue or renew or
revokes any driving licence, or
refuses to add a class of motor
vehicle to any driving licence, or
refuses to make a specification or
countersignature such as is
referred to in sub section (3) of
section 10, it shall do so by an
order communicated to the
applicant or the holder, as the
case may be, giving the reasons
in writing for such refusal or
revocation.
(2) Any person aggrieved by an order
made under sub section (1) may,
within thirty days of the service on
him of the order, appeal to the
prescribed authority which shall
decide the appeal after giving
such person and the authority
making the order an opportunity
of being heard and the decision of
the appellate authority shall be
binding on the authority making
the order.
(3) The order of a licensing authority
shall, unless the appellate
authority, conditionally or
unconditionally, direct otherwise,
be in force pending the disposal
65. Appeal against orders refusing or
revoking driving licenses._
(1) Where a licensing authority or any other
authority refuses to issue or renew or
suspends or revokes any driving license,
or refuses to make an endorsement under
sub-section (5) of section 55 or a
specification or countersignature such as
is referred to in sub-section (2) of section
58, it shall do so by an order
communicated to the applicant or the
holder, as the case may be, giving the
reasons in writing for such refusal,
rejection or suspension or revocation.
(2) Any person aggrieved by an order made
under sub-section (1), after giving a notice
of his intention, so to do to the authority
which issued the order may, within thirty
days of the service on him of the order,
appeal to the appropriate appellate
authority specified under section 43 which
shall decide the appeal.
(3) The order of a licensing authority or the
other authority shall, unless the appellate
authority, conditionally or unconditionally,
direct otherwise, be in force pending the
disposal of an appeal under sub-section
(2).
(4) The decision of the appellate authority
shall be binding upon the authority making
the order and the appellant.
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
of an appeal under sub section
(2).
141. Offences relating to licence
(1) Whoever, being disqualified under
this Ordinance for holding or
obtaining a driving licence, drives
a motor vehicle in a public place
or applies for or obtains a driving
licence or, not being entitled to
have a driving licence issued to
him free of endorsement, applies
for or obtains a driving licence
without disclosing the
endorsements made on a driving
licence previously held by him or,
being disqualified under this
Ordinance for holding or obtaining
a driving licence uses in
Bangladesh a driving licence such
as is referred to in sub section (2)
of section 10, shall be punishable
with imprisonment for a term
which may extend to 126 [ three
months], or with fine which may
extend to
127 [ five hundred] Taka,
or with both, and any driving
licence so obtained by him shall
be of no effect.
66. Driving while disqualified, license
suspended or revoked._
(1) Any person who drives a motor vehicle or
a motor vehicle of that class or description,
on any road or highway at a time when he
is disqualified or when such person's
driving license is suspended or revoked or
cancelled shall be guilty of an offence.
(2) Whoever, being disqualified under this Act
for holding or obtaining a driving license or
from driving a particular class or
description of vehicle, applies for or
obtains a driving license or, not being
entitled to have a driving license issued to
him free of endorsement, applies for or
obtains a driving license without disclosing
the endorsements made on a driving
license previously held by him or, being
disqualified under this Act for holding or
obtaining a driving license, uses in
Bangladesh a driving license such as is
referred to in section 58, shall be guilty of
an offence and any driving license so
obtained by him shall be of no effect.
(3) Whoever alters a driving license or drives
a motor vehicle with an altered or improper
or ineffective license shall be guilty of an
offence.
67. Authority may require re-examination
or retest._
(1) Notwithstanding anything contained in this
Act, the Authority or any licensing
authority, or any other prescribed authority
having good cause to believe that a
licensed driver or an applicant to be
licensed is incompetent or otherwise not
qualified to be licensed, may require such
driver or the applicant to submit to such
examination(s) or test(s) as the Authority
or the authority may deem fit, to find out if
the driver or the applicant is unfit to drive
the motor vehicle or the class of motor
vehicles for which he holds or may hold a
driving license.
(2) A person may be required under subsection
(1) to undergo a test of health or
competence or any other appropriate test,
to be carried out by a person or persons
prescribed or specified by the Authority.
(3) Upon the conclusion of such examination,
the Authority or the authority shall take
action as may be appropriate and may
suspend or revoke the license of such
person or permit such person to retain
Modified
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
such license, or may refuse to issue a
license or issue a license subject to
restrictions as the Authority or the
licensing authority may determine to be
appropriate as to the type or class of
vehicles to be driven, to assure safe
driving of a motor vehicle by the licensee
or the applicant.
(4) Refusal or neglect or failure of the licensee
or the applicant to submit to such
examination or test shall be ground for
suspension or revocation of such person's
license or rejection of such person's
application, besides any penalty not
exceeding ten units, as it may think proper
to impose for such refusal or negligence.
(5) The Authority shall re-examine any person
when requested to do so by a court; and
upon the conclusion of such examination,
the Authority may take any of the actions
described in sub-section (3) and shall
report its findings and action to the court if
such report is requested.
68. Surrender and return of license._
(1) Any authority upon cancelling, suspending
or revoking a license or disqualifying a
license holder, shall require that such
license be surrendered to it and returned
to the licensing authority.
(2) Any person who is disqualified or whose
license has been cancelled, suspended or
revoked shall immediately return the
license to the authority making the order.
(3) The authority to which a driving license is
returned under sub-section (2), shall-
Inserted new
consolidating
the existing
provisions
(a)
(b)
if it is the authority which issued, the
driving license keep it until the period of
disqualification or suspension has expired
or has been removed; or
if it is not the authority which issued the
driving license intimate the fact of
disqualification or suspension or
cancellation to the licensing authority by
which it was issued and forward the same
to that authority.
(4) A police officer or other authorized officer
who in the course of duty encounters any
cancelled, suspended, or revoked or
forged drivers license shall seize and
return such license to the licensing
authority immediately.
(5) Any person who finds a lost driving license
must return it to the office of the Authority
or the licensing authority.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(6) Any person who contravenes sub-section
(2) shall be guilty of an offence.
69. Persons disqualified for driving
license._
(1) The Licensing authority shall neither issue
nor renew the driving license of any
person-
(a) who fails to comply with the age
requirements specified under section 50;
(b) whose license is currently under
suspension or revocation by any authority
under this Act;
(c) who is for the time being disqualified for
holding or obtaining a driving license;
(d) who is a habitual user of alcohol or any
drink or any drug to a degree rendering
such person incapable of safely driving a
motor vehicle;
(e) who is required by this Chapter to take an
examination or test, unless such person
shall have successfully passed such
examination or test;
(f) when the licensing authority has good
cause to believe that such person by
reason of physical or mental or other
disability or disease or condition would not
be able to drive a motor vehicle with
safety;
(g) who is not able to read either Bangla or
English and not able to sign his name;
(h) who is suffering from any prescribed
disease or disability which is likely to
render the person unfit to drive a motor
vehicle or any other disease or disability
which is likely to cause the driving of a
motor vehicle by such person to be a
source of danger to the public or to the
passengers or to other vehicle or traffic:
Provided that the Government may, by
notification in the official Gazette, keep in
abeyance the application of clause (g)
either generally or in the case of particular
class or classes of persons until such time
it considers necessary:
(2) A person prohibited by this section from
driving a motor vehicle or a motor vehicle
of any class shall, be deemed to be
disqualified from holding or obtaining any
license, other than a license to drive such
motor vehicles, if any, as he is not by this
section forbidden to drive.
(3) A person who drives or causes or permits
any person under his control to drive a
motor vehicle in contravention of this
section shall be guilty of an offence.
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
70. Unfitness to drive. –
(1) No person shall drive or attempt to drive a
vehicle when he is in such a state that he
cannot be deemed fit to drive safely.
(2) No person shall in any case drive a motor
vehicle with unlawful blood alcohol level or
when under the influence of alcohol or of
any other intoxicating or narcotic drug or
substance.
(3) Any person who contravenes sub-sections
(1) and (2) shall be guilty of an offence.
(4) Any police officer not below the rank of
Sub-Inspector of Police or Sergeant or
other authorized officer may require the
driver of a vehicle to undergo a test of
health or exhalation if he has reason to
believe that such driver has violated the
provisions of sub-section (1) and/or (2).
71. Unlawful use of license._
It is an offence for any person-
Inserted new
Inserted new
(a)
(b)
(c)
(d)
(e)
(f)
to drive a motor vehicle or display or
cause or permit to be displayed or have in
such person's possession any cancelled,
revoked, suspended, fictitious or
fraudulently altered driving license;
to lend such person's driving license or
permit the use thereof by another;
to display (manual surrender of the license
into the hands of the demanding officer) or
represent as one's own any driving license
not issued to such person;
to fail or refuse to display or surrender to
the authority upon lawful demand any
driving license which is forged, altered or
has been suspended, revoked or
cancelled;
to use a false or fictitious name in any
application for a driving license or to make
a false statement or to conceal a material
fact or otherwise commit a fraud in any
such application;
to permit any unlawful use of a driving
license issued to such person.
72. Driving by unlicensed person._
(1) No person shall drive a motor vehicle
upon any road or highway-
(a) if he is not licensed for the type or class of
vehicles being driven or to be driven; or
(b) in violation of any of the provisions of this
chapter; or
(c) with fictitious or fraudulently altered driving
license.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
15. Driving licences to drive motor
vehicles, the property of the
Defence Services.-
(1) The authority specified in Part A
of the Fourth Schedule may grant
driving licences valid throughout
Bangladesh, to persons who have
completed their eighteen years of
age, to drive motor vehicles which
are the property of the Defence
Services or, for the time being
under the exclusive control of the
Defence Services and are used
solely for the purposes of the
Defence Services unconnected
with any commercial enterprises.
(2) A driving licence issued under this
section shall specify the class or
classes of motor vehicle which the
holder is entitled to drive and the
period for which he is so entitled.
(3) A driving 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
Defence Services.
(4) The authority issuing any driving
licence under this section shall
furnish such information
respecting any person to whom a
driving licence is issued as the
Government may at any time
require.
(2) No person shall authorize or permit or
allow any person, a motor vehicle owned
by such person or under such person's
control-
(a) to drive the vehicle upon any road or
highway who is not authorized hereunder
or who is not licensed for the type or class
of vehicles to be driven or in violation of
any of the provisions of this chapter;
(b) to drive the motor vehicle with fictitious or
fraudulently altered driving license.
(3) No person shall cause or permit such
person's child or ward under the age of 18
years or a minor to drive a motor vehicle
upon any road or highway when such child
or ward or minor is not authorized
hereunder or in violation of any of the
provision of this chapter.
(4) Any person who contravenes this section
shall be guilty of an offence.
73. Driving license to drive motor vehicles
of the Armed Forces._
(1) Any officer authorized in this behalf by the
Chief of staff of the respective Armed
Force may grant driving licenses to be
known as military driving license, valid
throughout Bangladesh, to persons who
have completed their eighteen years of
age, and found fit and qualified to hold
such a license to drive motor vehicles
which are the property of the Armed
Forces or, for the time being under the
exclusive control of the Armed Forces and
are used solely for the purposes of the
Armed Forces unconnected with any
commercial enterprises.
(2) A driving license issued under this section
shall specify the class or classes of motor
vehicle which the holder is entitled to drive
and the period for which he is so entitled.
(3) A driving license issued under this section
shall not entitle the holder thereof to drive
any motor vehicle except a motor vehicle
which is the property or for the time being
under the exclusive control of the Armed
Forces and shall no more be valid after the
holder has ceased to be a member of the
Armed Forces :
Provided that nothing in this section shall
debar a person from applying for a driving
license under section 54 and from grant of
exemption of test under sub-section (3) of
section 56; and such person shall be
entitled to a driving license for the class or
description of vehicle he has been
authorized to drive on payment of
prescribed fee.
Modified; the
relevant
provisions of
the 4 th schedule
have been
included under
the sec tion and
the 4 th schedule
has been
omitted from
the mother law.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(4) The authority issuing any driving license
under this section shall furnish such
information respecting any person to
whom a driving license is issued as the
Government or the Authority may at any
time require.
74. Foreign driving license._
(1) A valid international driving permit issued
as prescribed in the 1949 Geneva
Convention or 1968 Vienna Convention on
road traffic or any convention modifying
the same or a driving license issued by an
appropriate authority in any country which
is a party to a treaty (either bi-lateral or
multi-lateral) to which Bangladesh is also a
party and which purports to recognize
domestic driving licenses issued by the
contracting country or countries shall, so
long as such license remains in force in
that country, be deemed to be a driving
license granted under this Act and be valid
in Bangladesh for the duration of their
effectiveness:
Provided that such holder of driving
license is not disqualified under any of the
provisions of this Act for holding or
obtaining a driving license in Bangladesh.
(2) The holder of a foreign driving license
before its use in Bangladesh shall present
and register the license with the licensing
authority of the area where he
permanently resides, excepting the
tourists and transits that may under
imperative circumstances use the license
before submission, provided the license is
registered the day following the arrival in
Bangladesh.
(3) Where the holder of an international
driving permit or foreign driving license is
disqualified or driving by him is considered
a source of danger to the public or other
road users, the licensing authority shall
make an endorsement in the license to the
effect that the permit or the license is not
valid in Bangladesh.
(4) The international driving permit as
prescribed in the 1949 Geneva
Convention or 1968 Vienna Convention on
road traffic or any convention modifying
the same, to the Bangladesh nationals or
foreigners residing in Bangladesh may be
issued and renewed by the Authority or by
such other authority or organisation in
accordance to the rules or regulations
made in this behalf either by the
Government or by the Authority on
payment of such fees as may be
prescribed.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(5) Any person who contravenes sub-section
(2) shall be guilty of an offence.
75. No operation under foreign license
during suspension or revocation._
(1) No person whose driving license issued
under this Act has been suspended or
revoked shall drive a motor vehicle under
any license or permit issued by any other
competent authority outside Bangladesh
during such suspension or after such
revocation until the suspension is
withdrawn or a new license or permit is
obtained under this chapter.
(2) Any person who contravenes sub-section
(1) shall be guilty of an offence.
Inserted new
76. Driving Instructor's Certificate.-
(1) No person shall in return for a reward or
payment, instruct or supervise another
person in the driving of a motor vehicle on
a road or in a premise or shall act as a
driving instructor in any driver training
school unless such person holds a valid
driving instructor's certificate issued to him
by the Authority or other prescribed
authority.
(2) The Authority may prescribe or specify
conditions subject to which the provisions
of sub-section (1) shall not apply to an
organization or to a prescribed person who
teaches driving to relations or fan and
friend but not on payment or for any
reward.
(3) The Authority or any prescribed authority
may on the application of the holder of a
driving license who is not less than twenty
one years of age and has experience in
driving the vehicle for at least two years,
issue to him a driving instructor's
certificate, if it is satisfied that the applicant
is otherwise qualified to hold such a
certificate, to give instruction in driving the
class of vehicle for which he holds the
driving license.
(4) The Authority or any prescribed authority
shall before issuing a driving instructor's
certificate, require the applicant-
(a) to pass to its satisfaction any appropriate
test to determine the competence of such
applicant to act as an instructor of drivers
or learner drivers and to determine the
physical and mental fitness of such
applicant;
(b) to comply with any prescribed
procedures and requirements;
(c) to have any prescribed qualification,
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(d)
experience and training other than that
specified herein in this chapter; and
to pay any prescribed fee.
(5) The Authority or any prescribed authority
may grant a driving instructor's certificate
with or without conditions or refuse to
grant such a certificate and the person to
whom the certificate is granted shall
comply with the conditions, if any.
(6) The Authority or any prescribed authority
may at any time vary or revoke any of the
existing conditions or impose new
conditions or additional conditions to a
driving instructor's certificate.
(7) A driving instructor's certificate may be
applied for granted, renewed or varied or
refused or suspended or cancelled in
accordance with the regulations made in
this behalf.
(8) Every driving instructor's certificate and
the application for such certificate or for its
renewal or for its variation shall be in such
form and submitted in such manner with
such fees as may be prescribed.
(9) If the Authority or any prescribed authority
refuses to issue or renew or vary a driving
instructor's certificate or suspends or
cancels any such certificate it shall do so
in writing stating the reasons thereof:
Provided that no such certificate shall be
suspended or cancelled unless the holder
of the certificate is given an opportunity to
submit his explanation.
(10) A driving instructor's certificate may be
revoked or suspended or canceled if the
Authority or any prescribed authority is
satisfied that it has been obtained
improperly contrary to the provisions of
this section or any rules made there under
or if the holder of the certificate is no
longer a fit and proper person to continue
as a driving instructor by reason of his
age, conduct or physical disability or if the
holder contravenes any provisions of this
section or any rules made there under or
it is in the public interest to do so.
(11) A driving instructor shall cease to give
instruction to any person in driving a motor
vehicle from the day the order of
revocation, suspension, or cancellation
becomes effective and shall immediately
surrender his driving instructor certificate
to the authority concerned.
(12) A driving instructor if aggrieved may
appeal against an order of refusal,
revocation, or suspension to the
appropriate authority specified under
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
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section 43 in the prescribed manner on
payment of prescribed fees, if any.
(13) A driving instructor’s certificate issued
under this section shall be valid till the
validity of the driving license of the holder
thereof and if the driving license of the
holder of a driving instructor's certificate is
suspended or cancelled, the driving
instructor's certificate of that person shall
automatically cease to have any effect,
similarly when any driving instructor's
certificate of a holder is suspended or
cancelled, the driving license of that
person shall also be deemed to have been
suspended or cancelled, as the case may
be.
(14) The Authority shall adopt regulations
necessary to carry out the provisions of
this section:
such regulations shall state the
requirements for a driving instructor's
license, including requirements concerning
manner and form of application, moral
character, reputation, physical condition,
knowledge of the courses of instruction,
method of instruction, driving test of
advanced standards, technical knowledge
of automobiles, elementary physics, traffic
laws, and safety principles and practices,
driving record, driving ability, previous
personal and employment record,
supervision and inspection of
performances of driving instructor,
suspension and cancellation of instructor’s
certificate by authorized or prescribed
officers or persons and such other
matters as the Authority may prescribe for
the protection of the public and the learner
driver.
(15) Any person who contravenes sub-section
(1) and a driving instructor who fails to
comply with any of the conditions of his
instructor’s certificate shall be guilty of an
offence.
77. Driver training school license._
(1) No person shall establish or operate or
carry on the business of a driver training
school unless he has obtained a license to
do so from the Authority or other
prescribed authority and holds an effective
license and an effective trade license
under the law relating to trading activities:
Provided that no such trade license shall
be required for a driver training school to
be established by the Government or any
of the statutory or corporate body.
(2) If any person himself carry on, engages, or
employs other persons or agents to give
Inserted new;
consolidated
existing
provisions as
well.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
instruction to persons in the driving of a
motor vehicle shall construe a business of
a driver training school.
(3) The Authority or other prescribed authority
may grant a driver training school license,
with, without conditions or may refuse to
grant or revoke, suspend, or cancel such
license for reasons to be intimated in
writing.
(4) The Authority shall formulate regulations
necessary to carry out the provisions of
this section;
such regulations shall state the
requirements for a school license,
including requirements concerning manner
and form of application, validity of license,
location, place of business, facilities,
records, equipment, courses and
standards of instruction, instructors,
previous records of the school and
instructors, financial statements, security
in the form of cash or bank guarantee,
schedule of fees and charges, character
and reputation of the operators and
instructors, vehicle equipment and
condition, inspection during reasonable
business hours, insurance or bonds in
such sum and with such provisions as the
Authority or other prescribed authority
deems necessary, suspension or
cancellation of school license, reports and
returns to be submitted by school, and
such other matters as the Authority may
prescribe for the protection of the public
and the learner driver.
(5) The Authority may if satisfied; that the
business of driver training school has been
or is being carried out in an improper and
unsatisfactory manner, and/or in violation
of the conditions of the license and/or the
licensee committed an offence punishable
under this Act, forfeit the whole or part of
the security money deposited with it.
(6) A driver training school license issued
under this section shall be valid for such
period and may be renewed for such
period on payment of such fees and in
accordance to such procedure as may be
prescribed.
(7) Any person who contravenes sub-section
(1) or any regulations adopted under this
section by the Authority, or fails to comply
with any conditions of a driver training
school license issued under this section,
shall be guilty of an offence.
78. Refusal, suspension or revocation of
driver training school license._
(1) The Authority or the licensing authority or
Inserted new;
consolidated
existing
provisions as
3-96

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
other prescribed authority may refuse to
issue or renew, or may suspend or revoke
a driver training school license issued
under section 77 in any case where it finds
the applicant or licensee has violated or
failed to comply with any of the conditions
or provisions of this chapter or the
regulations adopted by the Authority.
(2) Upon suspending, revoking, or refusing to
issue or renew a driver training school
license, the authority shall immediately
notify the applicant or licensee stating the
reasons for such action and affording
reasonable opportunity for a hearing; no
such suspension or revocation shall
become effective until the licensee has
been given a reasonable opportunity for a
hearing and upon conclusion of such
hearing, the Authority or other prescribed
authority shall take such action as may be
appropriate.
(3) On revocation or suspension of a driver
training school license, if it is satisfied the
Authority or other prescribed authority may
after giving an opportunity for a hearing
and on conclusion forfeit the whole or part
of the security or cash deposit or impose
such penalty as it deems proper but not
exceeding five thousand units as specified
under sub-section (3) of section 353.
(4) A suspended or revoked driver training
school license shall be returned
immediately to the Authority by the
licensee.
(5) Any person aggrieved by an order of
refusal, suspension or revocation of driver
training school license or forfeiture of any
security or cash or imposition of any
penalty may, prefer an appeal as
provided under sub-section (2) of section
65 and the provisions of sub-sections (3)
and (4) of the said section shall there upon
apply.
(6) Any person who violates any of the
provisions of this section or any
regulations adopted under this section by
the Authority shall be guilty of an offence.
79. Reporting change of address, traffic
violation and conviction._
(1) The holder of a driving license shall notify
in the prescribed manner, any change of
his address recorded in the driving license
to the licensing authority which granted
and last renewed the driving license and
his employer, if any.
(2) Any driver holding a driving license under
this Act, who is charged for violating any
law relating to motor vehicle traffic control
well.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
other than parking violations or convicted
for any offence committed under the Act,
shall notify in writing the licensing authority
and the employer, of such violation or
conviction, in a manner prescribed, within
fourteen days of the date of such violation
or conviction.
(3) Any driver, whose driving license is
suspended, revoked or cancelled or who
is disqualified for holding or obtaining a
driving license by any competent authority
or any court for any period, such driver
shall notify to such driver's employer of
that fact before the end of the business
day following the day the driver received
the notice of that fact.
164. Deprivation of driving licence
(1) Notwithstanding anything to the
contrary contained in this Ordinance
or any other law for the time being in
force, any police officer of or above
the rank of Superintendent of Police
or Deputy Commissioner 173 [ or an
officer of the Authority not below the
rank of Assistant Director having
jurisdiction over the area] specially
174
empowered in this behalf by the [
Authority], or any other person
175
empowered in this behalf by the [
Authority], may deprive any person
from holding the driving licence for a
period which may extend to three
months, who, in his presence or view,
commits any or the misdemeanours in
traffic as mentioned hereunder-
(a) driving against red light; or-
(b) overtaking just before or on the
pedestrian crossing or where
overtaking is prohibited; or
(4) Any person who contravenes this section
shall be guilty of an offence.
80. Professional drivers to attend._
(1) Every professional driver shall, if so
required in writing, attend at the office of
the Authority or the licensing authority or
other authorized officer and, if so required,
shall permit test of his health, impressions
of his fingers to be taken and produce his
driving license, appointment letter and
other documents or identification card.
(2) Any person who fails, without reasonable
cause, to comply with the requirements of
this section shall be guilty of an offence.
81. Deprivation of driving license._
(1) Notwithstanding anything to the contrary
contained in this Act or any other law for
the time being in force, any police officer
of or above the rank of Superintendent of
Police or the Deputy Police Commissioner
or any officer of the Authority or the RTD
or any road transport officer not below the
rank of Assistant Director or equivalent
having jurisdiction over the area or other
officers or persons specially empowered in
this behalf, by the Government or by the
Authority may deprive any person from
holding the driving license for a period
which may extend to three months, who, in
his presence or view, commits any or the
misdemeanors in traffic as mentioned
hereunder-
(a) driving against red light; or
(b) overtaking just before or on the pedestrian
crossing or where overtaking is prohibited;
or
(c) driving on to a main or arterial road without
stopping and exceeding the speed limit
indicated on the road; or
Inserted new
Transferred
section 164 and
modified as
underlined
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(c) driving on to a main road without
stopping and exceeding the speed
limit indicated on the road; or
(d) not giving way to other vehicle
intentionally; or
(e) driving in opposite direction on one
way road; or
(f) any other matter as may be
prescribed.
(2) Any officer acting under sub
section (1) shall seize any driving
licence held by such driver and shall
give to the person surrendering the
driving licence an acknowledgement
therefor, specifying the period of
deprivation and the nature of offence
thereof and the name of the licensing
authority to whom report shall be
made on the expiry of the said period
for getting back the driving licence.
(3) The authority making the order
under sub section (1) shall endorse
the period of deprivation and reasons
thereof in the driving licence and shall
forward it to the licensing authority
having jurisdiction over the area or the
licensing authority who issued it or
last renewed it.
(4) The licensing authority, on receipt
of the driving licence, shall enter the
endorsement in the record and keep
the licence until the period of
deprivation expires and thereafter
shall return the licence to the holder in
exchange of the acknowledgement
given under sub section (2).
(5) If, at the time of committing the
offence, the driving licence is not in
the possession of the person
committing the offence, the authority
acting under sub-section (1) may take
or cause to be taken any steps he
may consider proper for the disposal
of the case.
(d) failure to yield or stop at a give way or stop
sign; or
(e) not giving way to other vehicle
intentionally; or
(f) driving in opposite direction on one way
road; or
(g) neglect or refuse to stop the vehicle or
make it proceed in or keep it to a particular
line of traffic when directed to do so by any
authorized officer or person in the
execution of his duty; or
(h) any other matter as may be prescribed.
(2) Any officer acting under sub-section (1)
shall seize any driving license held by
such driver and shall give to the person
surrendering the driving license
acknowledgement thereof, specifying the
period of deprivation and the nature of
offence thereof and the name of the
licensing authority to whom report shall be
made on the expiry of the said period for
getting back the driving license.
(3) The authority making the order under subsection
(1) shall endorse the period of
deprivation and reasons thereof in the
driving license and shall forward it to the
licensing authority having jurisdiction over
the area or the licensing authority who
issued it or in whose record the license is
at the time of committing the offence.
(4) The licensing authority, on receipt of the
driving license, shall enter the
endorsement in the record and keep the
license until the period of deprivation
expires and thereafter shall return the
license to the holder in exchange of the
acknowledgement given under sub-section
(2).
(5) If, at the time of committing the offence,
the driving license is not in the possession
of the person committing the offence, the
authority, acting under sub-section (1) may
take or cause to be taken any steps he
may consider proper for the disposal of the
case.
(6) Any person aggrieved by an order made
under sub-section (1), may appeal in the
manner provided in sub-section (2) of
section 65; the provisions of sub-sections
(3) and (4) of the said section shall there
upon apply.
82. Power to confiscate a driving license._
Inserted new
For the purposes of sections 60, 61,
64(1), 65, 67, 68 and 70 any authorized
police officer not below the rank of Sub-
3-99

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
Inspector of Police or Sergeant or any
officer of the Authority or the RTD or the
WWS, of or above the rank of Inspector of
Motor Vehicles or any authorized officer
may temporarily confiscate a driving
license or an international driving permit:
22. Power to make 29 [ regulations
30
(1) The [ Authority may
make regulations] for the
purpose of carrying into
effect the provisions of
this Chapter.
(2) Without prejudice to the
generality of the foregoing
power, 31 [ such
regulations] may provide
for-
(a) the appointment,
jurisdiction, control
and functions of
licensing authorities
and their supervisory
authorities and other
prescribed
authorities;
(b) the minimum
qualification and the
conduct of persons to
whom driving licences
to drive transport
vehicles;
Provided that such license shall forthwith
be submitted together with the report of
the officer concerned to the licensing
authority which issued the license or
endorsed the international driving license
or permit.
83. Persons exempted from driving
license._
Person(s) driving all or any of the following
vehicles shall not require driving license-
(a) any agricultural vehicle or tractor for off
road operation, but if such agricultural
vehicle or tractor requires occasional
plying on roads (not mere crossing),
provision of this clause shall not apply; or
(b) any invalid carriage; or
(c) any motor vehicle which is not capable of
being driven at a speed greater than 12.0
kilometers per hour or if the engine
capacity of the vehicle is not more than
twenty-five cubic centimeter.
84. Power to make regulations._
(1) The Authority may make regulations for
the purpose of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generality of the
foregoing power, such regulations may
provide for
(a) the appointment, jurisdiction, control and
functions of licensing authorities, driving
test examiners and other officers as may
be necessary for carrying out the purposes
and provisions of this chapter and their
supervisory authorities and other
prescribed authorities and the manner of
discharge of functions by them;
(b) the procedure for tender and out sourcing
of driving license and driving test related
functions; licensing and certification of
persons for driving license and driving test
related functions;
(c) regulating the licensing and registration of
persons for testing driving competency,
their qualifications and competency and
employment and issue of test certificate
thereof;
(d) the issue and renewal of driving licenses
manually or electronically and the fees to
be charged for the issue and the renewal
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
(c) 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
fifteen Taka;
(d) the issue of duplicate
driving licences to
replace driving
licences lost,
destroyed or
mutilated, the
replacement of
photographs which
have become
obsolete and the
issue of temporary
driving licences to
persons receiving
instruction in driving
or to persons whose
driving licences have
been surrendered,
and the fees to be
charged therefore;
(e) the conditions subject
to which any
Transport Committee
or any other
prescribed authority
may disqualify a
person for holding a
driving licence or to
drive a transport
vehicle;
(f) the badges and
uniform to be worn by
drivers of transport
vehicles and the fees
to be paid in respect
of badges and
uniform;
(g) the medical
examination and
testing of applicants
for driving licences
and drivers and the
fees to be charged
therefore;
(h) the refund of fees
paid under the
or replacement or computerization,
lamination of driving licenses, or for an
addition to a driving license, or for the
authorization under the provisions of this
Chapter and for recording the change of
address, and the manner of payment
thereof;
(e) the classes of motor vehicles and trailers
for licensing purposes;
(f) the requirements including educational
qualifications to be complied with before a
driving license may be granted, varied or
renewed or replaced or laminated or
computerized and the information and
evidence to accompany the applications;
(g) the conditions on which a driving license
may be granted, varied or renewed;
(h) licensing of drivers of motor vehicles
intending to make temporary stay in
Bangladesh;
(i) the nature of competency tests and the
conduct of such tests, the period of
submission for a competency test and
after failing to pass the test;
(j) conversion from a professional to a nonprofessional
driving license or vice versa;
(k) the taking of photographs for inclusion in
the driving license documents;
(l) the period for which a driving license may
remain in force and the probationary
period of a driver;
(m) the forms to be used for the purposes of
this Chapter and the contents of driving
licenses;
(n) records and registers to be maintained in
relation to driver and driving licenses and
for such other matters as may be required
under this chapter;
(o) keeping of demerit points register
manually or electronically to record against
a driving license holder any demerit points
that are incurred by him;
(p) the minimum qualification and the conduct
of persons to drive transport vehicles;
(q) 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;
(r) the grounds on which and the authority by
which a driving license may be cancelled,
suspended or varied and the procedures
to be followed in the cases of issue,
renewal, lamination, replacement,
suspension and cancellation of license,
the endorsement of disqualification or
punishments in the licenses and the
recording of changed address in the
3-101

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
provisions of this
Chapter, the
exemption of
prescribed persons,
or prescribed classes
of persons from
payment of all or any
portion of the fees
payable under this
Chapter;
(i) the granting by
registered medical
practitioners of the
certificates referred to
in sub section (3) of
section 7 ;
(j) the communication of
particulars of driving
licences granted by
one licensing
authority to other
licensing authorities;
(k) the control of schools
or establishments for
the instructions of
drivers of motor
vehicles (including
the registration of
such schools or
establishments) 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;
(l) the exemptions of
drivers of road rollers
from all or any of the
provisions of this
Chapter or of the 32 [
regulations] made
there under; and
(m)any other matter
which is to be or may
be prescribed.
license and the surrender of license;
(s) the qualification and training of driver and
the nature of test of competence;
(t) the issue of duplicate driving licenses in
place of driving licenses lost, destroyed or
mutilated, the replacement of photographs
which have become obsolete and the
issue of learner driving licenses or
temporary driving licenses to persons
receiving instruction in driving or to
persons whose driving licenses have been
surrendered or seized, and the fees to be
charged therefore and the manner of
payment;
(u) the conditions subject to which any
licensing authority or the Authority or any
RTA or any other prescribed authority may
disqualify a person for holding a driving
license or to drive a vehicle of particular
description or particular class or classes
and the communication of particulars by
the authorities;
(v) the badges and uniform to be worn by
drivers of public service vehicles or
transport vehicles and the fees to be paid
in respect of such badges and uniform;
(w) the medical examination and testing of
applicants for driving licenses and the
drivers to undergo such tests and the fees
to be charged there for and the manner of
payment thereof and the evidence of the
result of such tests;
(x) the diseases or disabilities which shall not
entitle a person to claim for a test as to his
fitness and ability to drive;
(y) the refund of fees paid under the
provisions of this Chapter, the exemption
of prescribed persons, or prescribed
classes of persons from payment of all or
any portion of the fees payable under this
Chapter;
(z) the exemption of person or classes of
persons from the requirements to obtain a
driving license and from the test of health
or the test of competence or other
appropriate test;
(aa) the communication of particulars of driving
licenses granted by one licensing authority
to other licensing authorities in the country
or outside the country;
(bb) the control of schools or establishment for
the instructions of drivers of motor vehicles
(including the registration or licensing of
such schools or establishments) and the
acceptance of driving certificates issued
by such schools or establishments as
qualifying the holder for exemption from
the driving competency test or a part
3-102

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -III
thereof;
(cc) regulating the activities of driver training
schools and the manner in which such
schools may conduct their business;
(dd) the issue and renewal of driving instructor
and driving examiner certificate, the fees
to be charged and the forms to be used for
such licenses and registration of approved
driving instructors and driving examiners
and the manner of discharge of functions
by them including the fees to be charged
and the facilities to be provided;
(ee) the type of motor vehicles which may be
used for driving instructions and driving
tests and the conditions that must be
complied for the use of such vehicles;
(ff) the conduct of driving instructors when
giving driving instructions and the conduct
of driving examiners when conducting
driving tests;
(gg) the maximum age of driving instructors
and driving examiners beyond which they
may not be allowed to work as such
instructor or examiner;
(hh) the form of records to be kept by driving
instructors, driving examiners and the
driver training schools and the particulars
to be entered therein;
(ii) the person submitting for a test to provide
motor vehicle for the purpose; and
(jj) any other matter which is to be or may be
prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT & TRAFFIC ACT, 2011
Contents
CHAPTER IV: LICENSING OF WORKERS .................................................................................. 104
85. Vocational license for public service vehicle workers._ ............................................... 104
86. Grant of vocational license._ ............................................................................................. 104
87. Vocational license for workers of other vehicles._ ........................................................ 106
88. Appeal against orders refusing or revoking vocational license._ ............................... 107
89. Power of the Court to disqualify.- ..................................................................................... 108
90. Power to make regulations._ ............................................................................................. 108
4-i

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IV
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER III
LICENSING OF
CONDUCTORS OF STAGE
CARRIAGE OR CONTRACT
CARRIAGE
23. Necessity for conductor’s
license
(1) No person shall act as a conductor
of a stage carriage or contract
carriage unless he holds an
effective conductor's license
issued to him authorising him to
act as such conductor; and no
person shall employ or permit any
person who is not so licensed to
act as a conductor of a stage
carriage or contract carriage.
33
(2) The [ Authority] may
prescribe conditions subject to
which sub section (1) shall not
apply to a driver of a stage
carriage or a contract carriage
performing the functions of a
conductor or to a person
employed to act as a conductor
on probation with a conductor's
license for a period not exceeding
one month.
24. Grant of conductor’s license
(1) Any person who is not
disquali¬fied under section 25
and who is not for the time being
disqualified for holding or
obtaining a conductor's license
may apply to the licensing
authority having jurisdiction in the
area, in which he ordinarily
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER IV: LICENSING OF WORKERS
85. Vocational license for public service
vehicle workers._
(1) No person shall drive or act as a
conductor or other worker of a stage
carriage bus or any other public service
vehicle on a road or in a public place,
unless he holds an effective vocational
license, granted under this section, and
unless the respective Regional Transport
Authority authorize him in this behalf to act
as such a driver or conductor or other
worker.
(2) No owner, employer or any other person
shall employ or permit any person, who is
not so licensed, to drive or act as a
conductor or other worker of any such
vehicle, driven on a road, or while it is
being used for the carriage of passengers
for hire or reward on a road, unless
exempted by or under this Act.
(3) The Authority may prescribe conditions,
subject to which sub-section (1) shall not
apply, to a driver of a public service
vehicle, performing the functions of a
conductor or other worker, or to a person
employed to act as a conductor or other
worker on probation, with a vocational
license, for a period not exceeding one
month.
(4) Any person, who contravenes sub-section
(1) or (2) or any person who drives or acts
as a conductor or other worker of a public
service vehicle with an improper or
ineffective vocational license, or in
contravention of any condition of such
license, or when the vocational license of
such a person is suspended or cancelled
or if he is disqualified to hold such a
license, shall be guilty of an offence.
86. Grant of vocational license._
(1) A licensing authority may, on an
application made to it in the prescribed
manner, by a person who is over the age
of 18 years and complies with the
prescribed requirements and
qualifications, and who is not for the time
being disqualified, for holding or obtaining
a vocaional license, and who is not
Proposed a
new law to
replace the
MVO 1983
Modified
Modified
4-104

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IV
resides or carries on business, for
the issuance to him of a
conductor's license.
(2) Every application under sub
section (1) shall be in such form
as may be prescribed and be
signed by, or bear the thumb
impression of, the applicant in two
places and shall contain the
information required by the form.
(3) Every application for a conductor's
license shall be accompanied by
a medical certificate in such form
as may be prescribed, signed by
a registered medical practitioner
and shall also be accompanied by
three clear copies of recent
photograph of the applicant.
(4) A conductor's license issued
under this Chapter shall be in
such form and contain such
particulars as may be prescribed.
(5) The fee for conductor's license
and for the renewal thereof shall
be one-half of that for a driving
license.
(6) No licensing authority shall issue a
conductor's license to the
applicant if he previously held a
conductor's license issued under
this Ordinance unless it is
satisfied that there are good
reasons for his inability to obtain a
duplicate copy of his former
conductor's license.
25. Disqualification for the grant of
conductor’s license
(1) No person under the age of
eighteen years shall hold, or be
suffering from any disease or disability,
likely to render him unfit to perform the
duties of a driver or a conductor of a
public service vehicles or other worker of
such vehicles, on payment of the
prescribed fee and subject to such
conditions or the rules or regulations as
may be prescribed, grant vocational
licenses and may in the prescribed
manner and conditions renew any such
licenses.
(2) A licensing authority, shall not grant a
vocational license unless he is satisfied
that the applicant for the license is of the
minimum age and qualification, as
specified in this Act or prescribed for that
class of public service vehicle, and fulfils
such other conditions as specified in this
Act or as may be prescribed.
(3) The licensing authority shall, before
granting a vocational license require the
applicant to pass to the satisfaction of the
licensing authority any appropriate test
and to undergo any appropriate training.
(4) A vocational license to drive a public
service vehicle may be limited to such
type or types or class of vehicle as may be
specified in the license.
(5) Any vocational license or badge granted
to any person, authorizing such person, to
drive a public service vehicle, or to act as
a conductor of a public service vehicle or
to act as other worker of such a vehicle,
under any law repealed by this Act, and in
force on the appointed day, shall be
deemed to have been granted under this
Act, and may be renewed, replaced or
revoked under the appropriate provisions
of this Act.
(6) A vocational license may at any time be
suspended or revoked, or such a license
holder may be disqualified, by the
Authority, the licensing authority or by
such other officer or authority or person as
may be prescribed, upon the ground that,
by reason of his conduct or physical
disability, or other conditions prescribed,
the holder is not a fit and proper person to
hold such a license.
(7) The provisions of section 51, 52, 53, 58,
59, 60, 61, 63, 64, 66, 68, 71, 72, 74, 75,
79, 80 and 82 shall apply to a vocational
license or the holder of such license, as
they apply to a professional driving license
or the holder of such driving license
except those provisions which by their
very nature can have no application.
Incorporated in
section 85
Del
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IV
granted, a conductor's license.
(2) The licensing authority may refuse
to grant a conductor's license-
(a) if the applicant does not possess
the requisite qualifications;
(b) if his knowledge of the provisions
of the Ordinance and of the 34 [
regulations] and of the duties and
powers of a conductor there under is
inadequate to enable him to perform
the duties of a conductor;
(c) if the medical certificate produced
by the applicant discloses that he is
unfit to act as a conductor;
(d) if any previous conductor's license
or driving license held by the applicant
was revoked; and
(e) if the character or physique or
conduct of the applicant is such as to
render him an unsuitable person to
hold a conductor's license.
26. Revocation of a conductor’s
license on ground of diseases
or disability or misconduct
(1) A conductor's license may at any
time be revoked by any licensing
authority or any Transport
Committee constituted under
Chapter V or any other prescribed
authority:-
Del
(a) if the authority has reasonable
grounds to believe that the holder
of the conductor's license is
suffering from any disease or
disability which is likely to render
him unfit to hold such conductor's
license.
(b) if the character or conduct of
the person is such as to render
him an unsuitable person to hold
a conductor's license.
(2) Where the authority revoking a
conductor's license is not the
authority which issued the same,
it shall intimate the fact of
revocation to the authority which
issued that conductor's license.
87. Vocational license for workers of other
vehicles._
The provisions of this Chapter shall apply
to the workers of such goods vehicles or
private service vehicles as the Authority
may by regulations prescribe, as they
apply to public service vehicles; and for
that purpose references in this Chapter to
"public service vehicles" shall be
construed as references to the said goods
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IV
vehicles or private service vehicles and
there shall also be disregarded the words
"for the carriage of passengers for hire or
reward" appearing in respect of a public
service vehicles.
27. Order refusing, etc, conductor’s
license and appeals therefrom
(1) Where a licensing authority or
other authority refuses to issue or
renew, or revokes any conductor's
license, it shall do so by an order
communicated to the applicant or the
holder of conductor's license, as the
case may be, giving the reasons in
writing for such refusal or revocation.
(2) Any person aggrieved by an order
made under sub section (1) may,
within thirty days of the service on him
of the order, appeal to the prescribed
authority which shall decide the
appeal after giving such person and
the authority making the order an
opportunity of being heard and the
decision of the appellate authority
shall be binding on the authority
making the order.
28. Power of licensing authority
and Transport Committee to
disqualify
(1) If any licensing authority or any
Transport Committee constituted
under Chapter V or any other
prescribed authority is of opinion that
it is necessary to disqualify the holder
of a conductor's license for holding or
obtaining such a conductor's license
on account of his conduct as a
conductor, it may, for reasons to be
recorded in writing, make an order
disqualifying that person for a
specified period for holding or
obtaining a conductor's license.
(2) Upon the issue of any such order
the holder of the conductor's license
shall forthwith surrender the license to
the authority making the order, if the
conductor's license has not already
been surrendered, and the authority
shall keep the conductor's license
until the disqualification has expired or
has been removed.
(3) Where the authority disqualifying
the holder of a conductor's license
88. Appeal against orders refusing or
revoking vocational license._
Where the licensing authority refuses to
grant a vocational license, or where
Authority or the licensing authority or other
authority or officer or person suspends or
revokes a vocational license, or disqualify
a license holder, he shall do so in writing,
and the aggrieved applicant or the license
holder, as the case may be, may after
giving a notice of his intention, so to do to
the authority which issued the order may,
within thirty days of the service on him of
the order, appeal in the manner stipulated
under section 65 to the appropriate
appellate authority specified under section
45 which shall decide the appeal:
Provided that orders made by the
aforesaid authority or officer shall remain
in force pending the disposal of the appeal
unless the appellate authority conditionally
or unconditionally otherwise directs:
Provided further that the decision of the
appellate authority shall be binding upon
the authority making the order and the
appellant.
Modified
To be deleted
Provisions
incorporated in
other sections
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IV
under this section is not the authority
which issued the conductor's license,
it shall intimate the fact of such
disqualification to the authority which
issued the same.
(4) Any person aggrieved by an order
made under sub section (1) may,
within thirty days of the service on him
of the order, appeal to the prescribed
authority which shall decide the
appeal after giving such person and
the authority making the order an
opportunity of being heard and the
decision of the appellate authority
shall be binding on the authority
making the order.
29. Power of the Court to disqualify
(1) Where any person holding a
conductor's license is convicted of an
offence under this Ordinance, the
Court by which such person is
convicted may, 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 a
conductor's license.
(2) 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, 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.
30. Certain provisions of Chapter II
to apply to conductor’s license
The provisions of sub section (2) of
section 6, sub section (1) of section
10, section 11, section 12 except sub
section (2), section 19, sub section (1)
of section 20 and section 21 shall, so
far as may be, apply in relation to a
conductor's license, as they apply in
relation to a professional driving
license
31. Power to make 35 [ regulations
(1) The 36 [ Authority may make
regulations] for the purpose of
carrying into effect the provisions of
this Chapter.
(2) Without generality of the foregoing
power, such
37 [ regulations] may
provide for,-
(a) the appointment, jurisdiction,
89. Power of the Court to disqualify.-
(1) Where, any person holding a vocational
license is convicted of an offence under
this Act, the Court by which such person is
convicted may, 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 a vocational
license.
(2) The Court, to whom 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, notwithstanding that
no appeal lies against the conviction in
connection with which such order was
made.
90. Power to make regulations._
(1) The Authority may make regulations for
the purpose of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generality of the
foregoing power such regulations may
provide for:
(a) the appointment, jurisdiction, control and
functions of licensing authorities and their
supervisory authorities and other
prescribed authorities, examiners and
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IV
control and functions of licensing
authorities and their supervisory
authorities and other prescribed
authorities;
(b) the conditions subject to which
drivers of stage carriages or contract
carriages and persons temporarily
employed (on probation) may be
exempted from the provisions of this
Chapter;
(c) the form of application for
vocational license or for renewal of
such vocational licenses and the
particulars it may contain;
(d) the forms in which vocational
license may be issued or renewed
and the particulars it may contain;
(e) the minimum qualification of
conductors, their duties and the
conduct of persons to whom
vocational license are issued;
(f) the issue of duplicate vocational
license to replace licenses lost,
destroyed or mutilated, the
replacement of photograph which
have become obsolete and the fees to
be charged therefore;
(g) 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;
(h) the badges and uniform to be worn
by conductors of stage carriages or
contract carriages and the fees to be
paid in respect of such uniforms and
badges;
(i) the granting by registered medical
practitioners of the certificate referred
to sub section (3) of section 24 and
the form of such certificates;
(j) the communication of particulars of
vocational license from one authority
to other authorities; and
(k) any other matter which is to be or
may be prescribed.
other officers as may be necessary for
carrying out the purposes and provisions
of this chapter and the manner of
discharge of functions by them;
(b) the conditions subject to which drivers of a
public service vehicle and persons
temporarily employed (on probation) may
be exempted from the provisions of this
Chapter;
(c) the fees to be charged for the issue and
the renewal or the replacement or the
lamination of vocational license and for
recording the change of address in the
vocational license and for taking of
photographs for inclusion in the vocational
license;
(d) the requirements to be complied with
before a vocational license may be
granted or renewed or replaced or
laminated and the information and
evidence to accompany the applications;
(e) the procedure for tender and out sourcing
of vocational license, badges, uniforms
and the competency test related functions;
(f) the conditions on which a vocational
license may be granted or renewed or
replaced;
(g) the granting of vocational licenses to
drivers and conductors of public service
vehicles, private service vehicles and
goods vehicles, the procedure of
application for such licenses, the
conditions to be attached thereto, the fees
to be charged and the manner of payment
there for;
(h) the testing of applicants for public services
vehicles driver licenses;
(i) the conduct of persons holding vocational
licenses and the means of identification to
be worn by them;
(j) the period for which a vocational license
may remain in force and the probationary
period of a conductor or other worker;
(k) the ground on which and the authority by
which a vocational license may be
cancelled or suspended and the
procedure to be followed in such cases
and for the surrender of vocational
license;
(l)
the exemption of person or classes of
persons from the requirements to obtain a
vocational license and from the test of
health or from the test of competence or
other appropriate test;
(m) the form of application for vocational
license or for renewal of such vocational
licenses and the particulars it may contain;
(n)
(o)
the forms in which vocational license may
be issued or renewed and the particulars it
may contain;
the minimum qualification of drivers of
public service vehicles or conductors, their
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IV
duties and the conduct of persons to
whom vocational license are issued;
(p) the issue of duplicate vocational license to
replace licenses lost, destroyed or
mutilated, the replacement of photograph
which have become obsolete and the fees
to be charged therefore;
(q) 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;
(r) the badges and uniform to be worn by the
drivers of public service vehicles or
conductors of stage carriages or contract
carriages or other public service vehicles
or by other workers and the fees to be
paid in respect of such uniforms an
badges;
(s) the granting by registered medical
practitioners the certificate of health and
the form of such certificates;
(t) the communication of particulars of
vocational license from one authority to
other authorities; and
(u) Any other matter which is to be or may be
prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER V : AUTHORIZATION TO OWN MOTOR VEHICLES ................................. 111
91. Requirement of Authorization Certificate._ ............................................................ 111
92. Grant of Authorization Certificate._ .......................................................................... 112
93. Particulars of motor vehicles for Authorization Certificate._ .............................. 114
94. Exhibition of Authorization Certificate._ .................................................................. 114
95. Limit of Authorization Certificate._ ........................................................................... 114
96. Refund of tax on Authorization Certificate._ .......................................................... 114
97. Persons disqualified for Authorization Certificate._ .............................................. 115
98. Foreign Authorization Certificate._ ........................................................................... 115
99. Power to make regulations._ ..................................................................................... 115
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -V
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV
OF 1983)
Modified upto November, 1990
CHAPTER IV
REGISTRATION OF
MOTOR VEHICLES
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of ……………
CHAPTER V : AUTHORIZATION TO OWN
MOTOR VEHICLES
91. Requirement of Authorization Certificate._
(1) Except as otherwise provided by this Act or
any rules or regulations made, no person
including the Government shall own or
posses, keep, drive and use a motor vehicle
or continue or permit the vehicle to be used or
driven in any road or highway or in any public
place or in any other place, unless there is in
force a Motor Vehicle Authorization Certificate
in brief Authorization Certificate, granted to
the person in respect of the vehicle and the
same is registered under this Act unless it is
exempted from an Authorization Certificate
and registration.
(2) Subject to any regulations made by the
Authority sub-section (1) shall not apply in the
case of-
Proposed a new
law to replace
the MVO 1983
Inserted new
Inserted new
(a)
(b)
(c)
(d)
(e)
(f)
(g)
an unregistered motor vehicle which is owned
by and in the lawful possession of a motor
dealer or an importer of motor vehicle for the
purpose of sale;
a motor vehicle lawfully brought into
Bangladesh in accordance with the rules
made by the government under section 310
unless such a vehicle is exported from
Bangladesh within ninety days from the date
of arrival;
a motor vehicle registered in any foreign
country, which by virtue of any international or
bi-lateral agreement is authorized to operate
in Bangladesh;
motor vehicles which are the property of the
Armed Forces or, for the time being under the
exclusive control of the Armed Forces and are
used solely for the purposes of the Armed
Forces unconnected with any commercial
enterprises and those of the visiting forces
lawfully present in Bangladesh unless the
period of stay exceeds ninety days;
a motor vehicle which has been “laid up” that
is to say to put away and to cease to use on
the road by a declaration in the prescribed
manner to the prescribed authority or to any
authorized officer;
a vehicle which is propelled exclusively by
electric power obtained from overhead trolley
wires though not operated upon rails;
a self propelled wheel chair or tricycle used by
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -V
(h)
a person with disabilities; and
any other vehicle prescribed.
(3) If the motor vehicle for which the Authorization
Certificate is granted is not procured and
registered within three months of the grant of
the Authorization Certificate, it shall be void
unless the period is extended by the authority
which granted the Authorization Certificate or
by any prescribed authority for such period as
it may think necessary but not exceeding
further three months in any case.
(4) For the purposes of this section or the Act, the
person who is for the time being registered
under the provisions of this Act as the owner
of a vehicle shall, until the contrary is proved,
be presumed to keep and use that vehicle on
a road and shall be responsible for all acts
and deeds pertaining to the vehicle.
(5) Any person, who contravenes sub-section (1),
shall be guilty of an offence.
92. Grant of Authorization Certificate._
(1) A Authorization Certificate may be applied for,
granted, renewed, varied, refused or
surrendered in such manner and in such
forms and to such authority, as may be
prescribed; and such an authorization may be
suspended or cancelled or restored by the
authority which granted the Authorization
Certificate or by a prescribed authority, for
reasons to be recorded in writing after hearing
the holder of the Authorization Certificate.
(2) Being satisfied to the realness of the applicant
and the purpose, a Authorization Certificate
shall be granted conditionally or
unconditionally, for the period prescribed,
either-
(a) in respect of all vehicles of the applicant
(being a Government office, a company,
Authorization Certificated operator or fleet
owner, a dealer or manufacturer, or such
other organization) to be called a “general
authorization” ; or
(b) in respect of a specific vehicle, to be called
“individual authorization” which may be
issued to a successful applicant who
submitted bids for such authorization and
selected through a prescribed method; or
(c) in respect of vehicles, the use of which are
confined to a particular locality or area, or to a
specified road during specified days or times,
an authorization to be called a “restricted
authorization” which may be issued in such
circumstances as may be prescribed; or
(d) in respect of vehicles, for the purpose of
research and development, or for any other
special purpose as may be prescribed, an
authorization to be called “special purpose
authorization” which may be issued to a
person who intends to keep and use a vehicle
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -V
on a road for such a purpose.
(3) An application for a Authorization Certificate
shall be made within such period, in
accordance with such procedures, as may be
prescribed, and shall be accompanied by such
deposits, tax, fees, levy, evidence,
documents, particulars and information
prescribed, including a declaration as to
construction, weight, equipment, use and age,
class or description of the motor vehicle(s) for
which the authorization is desired.
(4) Subject to the provisions of this Act or the
rules or regulations made there under, an
Authorization Certificate shall be granted for
the vehicle(s) and the purposes specified in
the application, or with such variation as the
authority issuing the Authorization Certificate
deems appropriate, and shall not entitle the
person to whom it is issued, to keep or use
any other vehicle, or greater number of
vehicle, or use the vehicle in any other time or
day or for the purpose not specified in the
Authorization Certificate.
(5) No general authorization or special purpose
authorization shall be assigned or transferred
and the holder of a general authorization or
special purpose authorization who shall
assign or transfer or attempt to assign or
transfer the Authorization Certificate shall be
guilty of an offence.
(6) No Authorization Certificate under this section
shall be granted in respect of any medium or
heavy motor vehicle or any semi-trailer unless
the applicant satisfies the authority with a
vehicle parking certificate or a document in
respect of the parking of the vehicle for the
period for which the Authorization Certificate
is applied for, issued by the relevant authority
and certified by an authorized officer.
(7) If a motor vehicle is altered in such a manner
as to cause the motor vehicle to become a
motor vehicle in respect of which an
Authorization Certificate at a higher fee or an
Authorization Certificate of a different class is
required, the current Authorization Certificate
shall become void, but the holder of the
Authorization Certificate on surrendering the
same shall be entitled to receive a new
Authorization Certificate for the unexpired
period on payment of the difference applicable
for the new Authorization Certificate.
(8) Any person who is aggrieved by variation,
refusal, suspension or cancellation of an
Authorization Certificate under this section,
may prefer an appeal as provided under subsection
(2) of section 65 and the provisions of
sub-sections (3) and (4) of the said section
shall there upon apply.
(9) Any person, who keeps or uses any vehicle in
contravenes sub-section (4) or (7), shall be
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -V
guilty of an offence.
93. Particulars of motor vehicles for
Authorization Certificate._
(1) No person, being a manufacturer or
assembler or dealer or importer or otherwise,
as such a person, shall, sell or offer for sale or
deliver a motor vehicle or trailer, without giving
the particulars and specifications, and the
documents that may be necessary for the
Authorization Certificate and registration of the
vehicle or the trailer as the case may be.
(2) Any person, who contravenes sub-section (1),
shall be guilty of an offence.
94. Exhibition of Authorization Certificate._
(1) An Authorization Certificate or its main
features other than that for a motor cycle shall
be exhibited on the vehicle concerned in the
manner prescribed and no person shall alter,
deface, mutilate or add any thing by writing or
in any other way to any Authorization
Certificate and nor shall exhibit any such
Authorization Certificate as aforesaid on any
motor vehicle or produce any such
Authorization Certificate to any authority or
officer for any purpose.
(2) Any person, who contravenes sub-section (1)
shall be guilty of an offence.
95. Limit of Authorization Certificate._
The Government or the Authority may from
time to time, by notification in the official
Gazette, fix or prescribe a limit on the number
of Authorization Certificate to be issued for a
region (limited to a district or a metropolitan
area) or for any other area and may fix or
prescribe different limits for vehicles of
different category, class or description and
there shall not be issued by any authority any
Authorization Certificate in excess of the
number so fixed or prescribed.
96. Refund of tax on Authorization Certificate._
The holder of an Authorization Certificate
may, at any time notify the prescribed
authority, if the vehicle is destroyed or
exported, or cease to be kept or used on any
road, and may also at any time surrender the
Authorization Certificate, in the prescribed
manner, to the prescribed authority, and claim
rebate of tax or levy, for the remaining number
of calendar months, for which the
Authorization Certificate would have been in
force:
Provided that proceedings to secure such
rebate or the repayment of any excess
payment for such an authorization shall be
brought at least before the expiration of three
Inserted new
Inserted new
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -V
months from the expiry date of such
authorization.
97. Persons disqualified for Authorization
Certificate._
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
No Authorization Certificate shall be grantedto
any person who is a minor; or
to any person who fails to comply with the
prescribed requirements; or
to any applicant who fails to submit the
application for such an authorization within
such period, in such form, in accordance to
such procedures, and along with such
deposits, fees, taxes, levy, declaration,
statutory declaration, evidence, documents,
particulars and information as may be
specified by the authority or prescribed; or
to any applicant who fails to satisfy the
authority, with proper evidence, certificates or
documents that he has adequate parking and
garage facilities in respect of all vehicles, for
the period for which the authorization is
applied for grant or renewal; or
to a person, against whom a warrant of arrest
has been issued under the Bangladesh
Criminal Procedure Code, in respect of any
offence committed by him under this Act, or
any other law for the time being in force; or
to a person who is under arrest, or in the
custody or in jail; or
to a person who used a motor vehicle in
committing a criminal offence, or
to the vehicle which has been used in the
commission of a criminal offence; and
any Authorization Certificate previously issued
to such persons or vehicles shall be
cancelled.
98. Foreign Authorization Certificate._
(1) A resident in Bangladesh, who posses or
acquires possession, or uses, a motor vehicle
in respect of which an Authorization Certificate
or registration issued in any other country is in
force shall inform the Authority as well as the
motor vehicle authorization and registering
authority within such period and in such
manner as may be prescribed:
Provided that no such vehicle shall be used in
Bangladesh for more than ninety days unless
the stay for greater period is authenticated by
the Authority or by any other authority or
officer authorized in this behalf.
(2) Any person, who contravenes sub-section (1)
shall be guilty of an offence.
99. Power to make regulations._
(1) The Authority may make regulations for the
purpose of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generally of the
foregoing power, such regulations may
Inserted new
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -V
provide for all or any of the following:
(a) the submission, conduct and hearing of
appeals, the period within which appeal may
be preferred and disposed off 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
the authority for issuing Authorization
Certificate and other prescribed authorities
and authorities for the supervision of the
business of such authorities;
(c) the information and the particulars to be
furnished by the seller and buyer of motor
vehicles for the issuance of Authorization
Certificate;
(d) keeping and use of vehicles by the
manufacturer, dealer, importer or repairer
under an Authorization certificate or no
Authorization certificate, with or without
registration or fitness;
(e) the submission of application for Authorization
Certificate, transfer of such certificate, and the
documents, particulars, information and
evidence to accompany such applications,
and the procedures and the requirements to
be complied with, the period within which
these may be submitted and disposed off;
(f) the grounds on which and the authority by
which the Authorization Certificate may be
refused, suspended, cancelled or varied or
restored and the procedures to be followed in
such cases and in case of surrender of such
certificates;
(g) taking of photograph for inclusion in the
Authorization Certificate or for other use under
this Chapter;
(h) regulating the issue, refusal and renewal of
Authorization certificate including restricted
certificate, the period of effectiveness of the
certificate and the duplicate of such certificate
or to replace the certificate lost, destroyed or
mutilated and the issue of no objection
certificate for such purposes and the appeal
that may be preferred against any refusal or
rejection;
(i) regulating the entry and exit, authorization,
keeping and use of vehicles brought by the
persons resident outside for temporary stay in
Bangladesh and maintaining of records
thereof either in manual or electronic form or
by using other facilities;
(j) the levy of tax, method or manner for
determining the amount of tax and fee for an
Authorization Certificate;
(k) rebate on all or any part of the levy payable
for the Authorization Certificate and the
circumstances;
(l) fees and deposits for the submission of the
application for an Authorization Certificate and
forfeiture of deposits for non-compliance of
any conditions governing the submission of
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -V
such application or refund on prescribed
grounds;
(m) the levy of tax and/or fees to be charged or
deposits to be made for the issue, renewal or
alteration of Authorization certificate, or for the
keeping or use of a foreign vehicle in
Bangladesh,
(n) limit on the number of Authorization Certificate
to be issued for different category, class or
description of vehicle and the bid for the
Authorization Certificate;
(o) the period for which and the conditions upon
which an Authorization Certificate may be
issued, suspended, or cancelled and the
refund of all or any part of the levy paid for the
Authorization Certificate and the
circumstances;
(p) levy on transfer of an Authorization Certificate
prior to registration or after registration;
(q) renewal of an Authorization Certificate before
or after its expiry and the levy, fee or deposits
to be paid there for;
(r) issue of supplementary Authorization
Certificate (to supplement restrictions on
compassionate ground) or duplicate
Authorization Certificate in lieu of the
Authorization Certificate lost or damaged with
or without charges;
(s) the amount and the manner in which any fee,
tax, levy, deposit and other charges payable
under this Chapter are to be fixed and paid
when any document is filed or submitted
through the authorized or registered electronic
service agent;
(t) the forms to be used for the purposes of this
Chapter, the particulars and information these
shall contain and the manner of filling up and
submission thereof;
(u) the registers and records to be maintained for
the purposes of this Chapter, the particulars
and information these shall contain and the
manner how they shall be maintained
including the use of electronic, computerized
or other facilities;
(v) the communication between authorities or
officers of particulars of Authorization
Certificate and by owners of vehicles
Authorization Certificated outside Bangladesh
of particulars of such vehicles and of their
Authorization Certificate;
(w) the extension of the validity of a Authorization
certificate pending consideration of
applications for their renewal or on temporary
removable of vehicle to the area of another
authority;
(x) the production of Authorization certificate
before the registering authority or other
authority or officer, for examination and the
revision of entries, particulars therein;
(y) prohibition of issue of authorization certificate
to motor vehicles beyond a prescribed age
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -V
limit;
(z) the exemption of a particular motor vehicle or
classes of motor vehicle or a particular person
or classes of persons, from all or any of the
provisions of this Chapter and the conditions
governing such exemptions;
(aa) exemption of a vehicle or a person from all or
part of levy, fees or deposits and the
circumstances and the conditions governing
such exemptions;
(bb) all other matters which are incidental or
necessary and required to be prescribed for
carrying out or giving effect to this section.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER VI : REGISTRATION OF MOTOR VEHICLES ...................................................... 119
100. Requirements of registration of motor vehicles._ ..................................................... 119
101. Registration of motor vehicles._ ................................................................................... 120
102. Issue of certificate of registration and assignment of registration marks._ ........ 121
103. Validity of certificate of registration._ .......................................................................... 123
104. Registration of motor vehicles of diplomatic officers, etc._ .................................... 123
105. Temporary Registration._ ............................................................................................... 125
106. Inspection of a motor vehicles._ ................................................................................... 125
107. Refusal or renewal of registration._ ............................................................................. 127
108. Display of labels in a motor vehicle._ .......................................................................... 128
109. Change of registered address._ .................................................................................... 128
110. Transfer of ownership._ .................................................................................................. 129
111. Motor vehicles subject to hire purchase agreement._ ............................................. 132
112. Alteration in motor vehicles._ ........................................................................................ 133
113. Suspension of registration._ .......................................................................................... 135
114. Cancellation of registration._ ......................................................................................... 137
115. Appeals._ ............................................................................................................................ 139
116. Special requirements for transport vehicles. .............................................................. 140
117. Certificate of fitness of motor vehicles._ ..................................................................... 142
118. Registration of motor vehicles of the Armed Forces._ ............................................. 144
119. Application of this Chapter to trailers._ ....................................................................... 145
120. Exemptions._ ..................................................................................................................... 145
121. Power to make regulations._ ......................................................................................... 145
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
Proposed a
new law to
replace the
MVO 1983
CHAPTER IV
REGISTRATION OF MOTOR
VEHICLES
32. Necessity for registration
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 public
place or in any other place for
the purpose of carrying
passengers or goods unless the
vehicle is registered in
accordance with this chapter and
the certificate of registration of
the vehicle has not been
suspended or cancelled and the
vehicle carries a registration
mark displayed in the prescribed
manner.
152. Using of motor vehicle without
registration or certificate of
fitness or permit
(1) Whoever drives a motor vehicle or
causes or allows a motor vehicle
to be used or let out a motor
vehicle for use in contravention
of the provisions of section 32 or
without the certificate of fitness
under section 47 or the permit
required by sub section (1) of
section 51 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 or to the maximum of
passengers and maximum
weight of luggage that may be
carried on the vehicle, 151 [ shall
be punishable for a first offence
with imprisonment for a term
which may extend to three
months, or with fine which may
extend to two thousand Taka, or
with both and for any subsequent
offence with imprisonment for a
term which may extend to six
months, or with fine which may
extend to five thousand Taka, or
withboth.]
CHAPTER VI: REGISTRATION OF MOTOR
VEHICLES
100. Requirements of registration of motor
vehicles._
(1) Except as otherwise provided by this Act
or any rules or regulations made, no
owner or in charge of a motor vehicle or
any other person shall cause or permit the
vehicle to be driven in any road or
highway or in any public place or in any
other place for the purpose of carrying
passengers or goods whether for hire or
reward or not, unless the vehicle is
registered in accordance with this Chapter
and the vehicle displays a registration
mark and registration validation label or
symbol (if any provided) in the prescribed
manner and the Authorization Certificate
and the certificate of registration of the
vehicle is in force.
(2) No motor vehicle shall be registered nor
shall any certificate of registration be
renewed under this Act, unless there is in
force an Authorization Certificate, granted
in respect of the vehicle under this Act, for
the period for which the vehicle may be
registered or the certificate renewed, and
the prescribed amount of taxes and fees
applicable for the vehicle have been paid
in the prescribed manner.
(3) No motor vehicle shall be registered which
does not comply with this Act as well as
the rules and regulations made there
under as to construction, weight,
equipment, use and age unless such
motor vehicle has been exempted from
such compliance under powers conferred
by this Act and such vehicle bears a clear,
distinct and untampered identifying
particulars including the engine and
chassis number and these are identical
with the corresponding particulars
contained in the Authorization Certificate
as well as the vehicle procurement and
ownership documents and the vehicle is in
sound mechanical condition and is
roadworthy.
(4) For the purposes of sub-section (3), a
valid inspection/ fitness certificate issued
in respect of a motor vehicle required
under this Act shall be taken as prima
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
(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 to the
Regional Transport Committee
within seven days.
33. Registration, where to be made
Subject to the provisions of
section 35, section 36, and
section 48, every owner of a
motor vehicle shall cause the
vehicle to be registered by the
registering authority of the area
where he permanently resides or
has place of business where the
vehicle is normally kept.
facie proof that the vehicle is in sound
mechanical condition and is roadworthy.
(5) The Authority may make regulations
subject to which sub-section (1) shall not
apply in the case of motor vehicles
specified under sub-section (2) of section
91 and those specified hereunder-
(a) a vehicle which is lawfully used under the
authority of and in accordance with the
conditions of a motor dealer's license or
under a motor vehicle trade certificate
issued under this Act or any rules or
regulations made in this behalf;
(b) a motor vehicle which is being driven to or
from any place specified by a registering
authority or by an Inspector of motor
vehicles for inspection or testing or while it
is being tested by an examiner or
Inspector of motor vehicles, or while it is
being driven to or from any place specfied
for the purpose of registration and test;
and while being so driven or tested the
vehicle carries a means of identification in
accordance with this Act or any rules
made thereunder;
(c) temporary use of a motor vehicle when
application accompanied by proper fee
has been made for the registration of such
vehicle;
(d) an agricultural vehicle, a tractor or a trailer
used for agricultural purposes which is
driven or moved upon a road or highway
only for the purpose of crossing such road
or highway from property to another or
which is incidentally operated or moved
upon a highway;
(e) a road roller and such other road
construction and cleansing vehicle; and
(f) any other vehicle prescribed.
(6) Any person who contravenes sub-section
(1) shall be guilty of an offence; and any
police officer in uniform or any authorized
road transport officer or other authorized
officer or person may, arrest any such
person without warrant.
101. Registration of motor vehicles._
(1) Subject to the provision of section 104,
section 105 and section 118 every owner
of a motor vehicle shall cause the vehicle
to be registered by the registering
authority of the area in whose jurisdiction
the address recorded in the ownership
documents of the vehicle falls:
Provided that where the vehicle is a
property of the Government, it may be
registered in the area of the registering
authority in whose jurisdiction the owner’s
office locates.
(2) An application for the registration of a
Modified
consolidating
section 33, 34
and some new
provisions
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
34. 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 H'
as set forth in the First Schedule,
shall contain the information
required by that form, and shall
be accompanied by the
prescribed
fee:
Provided that where a motor
vehicle is jointly owned by more
persons than one, the application
shall be made by one of them on
behalf of all the owners and such
motor vehicle shall be made except in
case of an organization includes a
Government office by the owner in such
form and shall be accompanied by such
fees, documents, particulars and
information including dealer’s or importer’s
certificate, and shall be made within such
period in accordance with such
procedures as may be prescribed.
(3) Where the registration is to be made in the
name of any individual the application for
registration shall be accompanied by
prescribed or specified number of copies
of recent photographs of the owner.
(4) Where the registration is to be made in
favour of an organization includes a
Government office, the application for the
registration of such a vehicle may be
made by any authorized person by
reference to his office on behalf of the
head of organization or office who shall be
deemed to be the registered owner of
such motor vehicle for the purposes of this
Act.
(5) Where a motor vehicle is owned by more
persons than one, the application for
registration shall be made by the
nominated person on behalf of all the
owners and such applicant shall be
deemed to be the registered owner of the
motor vehicle for the purpose of this Act,
but nothing in this Act shall be deemed to
prejudice or to affect in any way the right
of other claimant to the ownership of the
motor vehicle to cause his/her rights to be
determined by any authority or by a court.
(6) An applicant for registration of a motor
vehicle shall produce proof of ownership
and other indication satisfactory to the
registering authority of the source from
which the applicant procured the vehicle
and shall make a declaration to that effect
and the person(s) including the dealer or
importer who sells or supplies the vehicle
shall also make a declaration to that
effect.
102. Issue of certificate of registration and
assignment of registration marks._
(1) If the registering authority grants an
application for registration of a motor
vehicle it shall-
(a) enter in a prescribed record manual or
electronically or in other suitable method
to be kept by it the particulars of the owner
and the vehicle as given in the application
and such other information as it considers
necessary;
(b) and issue to the owner of the motor
vehicle registered by it a certificate of
registration in such form containing such
Omitted,
requirements
addressed
other section
in
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
applicant shall be deemed to be
owner of the motor vehicle for
the purpose of this Ordinance.
(2) The registering authority shall
issue to the owners of a motor
vehicle registered by it a
certificate of registration in ‘Form
I' as set forth in the First
Schedule and shall enter in a
record to be kept by it particulars
of such certificate.
(3) The registering authority shall
assign to the vehicle for display
thereon in prescribed manner, a
distinguishing mark (in the
Ordinance referred to as the
registration mark) consisting of
group of letters allotted to the
district or area of the district
concerned in the Sixth Schedule
followed by a letter or letters
denoting the class of the vehicle
and a number consisting of not
more than 4 digit.
(c)
particulars and information and in such
manner as may be prescribed;
assign to the vehicle for display thereon in
the prescribed manner, a distinguishing
mark, in the Act referred to as the
registration mark, consisting of such
alphabet(s) and numerical as may be
prescribed indicating the registration area,
class of vehicle and the unique number
allotted to the vehicle; and such
registration mark shall continue to be the
registration mark of such motor vehicle
until it is broken up, destroyed or sent
permanently out of Bangladesh, or the
certificate of registration is cancelled, and
such registration number shall not be
assigned to any other motor vehicle and
the registration number plate, if any,
issued by the authority shall be returned to
it:
Provided that a registered owner may,
subject to any terms and conditions
prescribed, have the number assigned to
such motor vehicle assigned to another
unregistered motor vehicle of which he
would be registered as owner, and in such
case the registering authority shall make
all necessary and consequential
amendments to the records and the
registration certificate:
Provided further that a person may
propose his own registration mark subject
to such terms and conditions as may be
prescribed.
(2) If any registration number assigned, is not
displayed in accordance with this section
or in the manner prescribed, or if, being so
displayed, it is in any way obscured,
defaced or is rendered or allowed to
become or to remain not easily
distinguishable, or is not illuminated in
accordance with the provisions
prescribed, or if any such letter or figure or
design, ornament, fixture or addition is
made or carried contrary to the provisions
of this Act or the rules or regulations made
there under, or if the number plate issued
is not returned to the authority as required,
the person driving or having charge of the
vehicle while it is being so used, or who
fails to return the number plate, shall be
guilty of an offence:
Provided that that no person shall be
charged under this section if he proves
that he has taken all steps reasonably
practicable to prevent the registration
number being obscured or
undistinguished.
(3) Any person, who permits or lends for use
a registration mark or a certificate of
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
35. Registration of motor vehicles
of diplomatic officers, etc
(1) Where an application for
registration of a motor vehicle is
made by, or on behalf of, any
diplomatic officer or consular
officer or any other privileged
person, then, notwithstanding
anything contained in this
Chapter, the special registering
authority appointed by the
Government in this behalf shall
register the vehicle in such
manner and in accordance with
such procedure as may be
provided by rules made in this
behalf under sub section (3) and
shall assign to the vehicle for
display thereon a special
registration mark in accordance
with the provisions contained in
those rules and shall issue a
certificate that the vehicle has
been registered under this
section; and the vehicle so
registration or a number plate by another
person or vehicle, he shall be guilty of an
offence.
103. Validity of certificate of registration._
(1) A motor vehicle registered under this
Chapter in the region of any registering
authority shall not require to be registered
in another region or elsewhere in
Bangladesh, and a certificate of
registration issued under this Act, in
respect of a vehicle, if in force shall be
effective throughout Bangladesh
(2) A certificate of registration issued under
sub-section (1) of section 102, whether
before or after the commencement of this
Act, in respect of a motor vehicle, subject
to the provisions contained in this Act, or
any rules or regulations made there under,
be valid only for the period for which the
Authorization Certificate of the vehicle is in
force, to be specified in the certificate of
registration, and shall be renewable in the
prescribed manner for the unexpired
period of the Authorization Certificate, if
any or for the validity period of the new
Authorization Certificate, if granted.
(3) No person shall alter, deface, mutilate or
add any thing by writing or in any other
way to the certificate of registration and
nor shall produce any such certificate as
aforesaid to any authority or officer for any
purpose, nor shall use any expired or
invalid certificate of registration.
(4) Any person who contravenes sub-section
(3) shall be guilty of an offence.
104. Registration of motor vehicles of
diplomatic officers, etc._
(1) Where an application for registration of a
motor vehicle is made by, or on behalf of
any diplomatic officer or consular officer or
any other privileged person then,
notwithstanding anything contained in this
Chapter, the special registering authority
appointed by the Government in this
behalf shall register the vehicle in such
manner and in accordance with such
procedure as may be provided by rules
made in this behalf under sub-section (5)
and shall assign to the vehicle for display
thereon a special registration mark in
accordance with the provisions contained
in those rules and shall issue a certificate
(hereafter in this section referred to as the
certificate of registration) that the vehicle
has been registered under this section;
and any vehicle so registered shall not, so
long it remains the property of any
diplomatic officer or consular officer or any
privileged person be required to be
Inserted new
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
registered shall not, so long it
remains the property of any
diplomatic officer or consular
officer or any privileged person
be required to be registered
otherwise than under this
Ordinance.
(2) If any vehicle registered under this
section ceases to be the property
of any diplomatic officer or
consular officer or any other
privileged person, certificate of
registration issued under this
section shall also cease to be
effective and the provision of
section 33 shall thereupon apply.
(3) The Government may make rules
for the registration of motor
vehicles belonging to diplomatic
officers and consular officers and
privileged persons regarding the
procedure to be followed by the
special registering authority for
registering such vehicles, the
form in which certificates of
registration of such vehicles are
to be issued, the manner in
which certificates of registration
are to be sent to the owners of
the vehicles and the physical
verifications are to be done and
the special registration marks are
to be assigned to such vehicles.
Explanation. For the purposes
of this section, “diplomatic
officer”, “consular officers” or
“privileged person” means any
person who is recognised as
such by the Government and if
any question arises as to
whether a person is or is not
such an officer or person, the
decision of the Government
thereon shall be final.
registered otherwise than under this Act.
(2) No motor vehicle shall be registered under
this section which fails to comply with this
Act as well as the rules and regulations
made there under as to construction,
weight, equipment, use and age unless
such motor vehicle has been exempted
from such compliance under powers
conferred by this Act and such vehicle
bears a clear, distinct and untampered
identifying particulars including the engine
and chassis number and these are
identical with the corresponding
particulars contained in the motor vehicle
procurement and ownership documents
and the vehicle is in sound mechanical
condition and is roadworthy.
(3) If any vehicle registered under this section
ceases to be the property of any
diplomatic officer or consular officer or any
other privileged person, certificate of
registration issued under this section shall
also cease to be effective and the
provision of sections 91, 100 and 101
shall thereupon apply.
(4) The Government may exempt any
diplomatic officers from any of the
provisions of this section or any rules or
regulations made there under on the basis
of reciprocacy.
(5) The Government may make rules for the
issue of Authorization Certificate and
registration of motor vehicles belonging to
diplomatic officers and consular officers
and privileged person, regarding the
procedures to be followed for the issue of
authorization and registering such
vehicles, the form in which the
Authorization Certificate and registration
are to be aplied, granted, renewed and
certificates of registration of such vehicles
are to be issued, the manner in which the
authorization and certificates of
registration are to be sent to the owners of
the vehicles, levy and fee if any to be
charged for the authorization and
registration and the physical verifications
are to be done and the special registration
marks are to be assigned and supplied to
such vehicles and any authorization or
registration granted may be suspended or
cancelled.
(6) For the purpose of this section, "diplomatic
officer", "consular officers" or "privileged
person" means any person who is
recognized as such by the Government
and if any question arises as to whether a
person is or is not such an officer or
person, the decision of the Government
thereon shall be final.
6-124

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
36. Temporary Registration
(1) Notwithstanding anything
contained in section 33, the
owner of a motor vehicle may
apply to any registering authority
or other prescribed authority to
have the vehicle temporarily
registered in the prescribed
manner and for the issuance in
the prescribed manner of a
temporary certificate of
registration and a temporary
registration mark.
(2) A registration made under this
section shall be valid only for a
period not exceeding one month,
and shall not be renewable:
Provided that where a motor
vehicle so registered is a chassis
to which body has not been
attached and the same is
detained in a workshop beyond
the said period of one month for
being fitted with a body, the
period may, on payment of such
fees, if any, as may be
prescribed, be extended by such
further period or periods so that
the total period of such
temporary registration may not
exceed, in any case, four
months.
37. Production of vehicle at time of
registration
The registering authority shall,
before proceeding to register a
motor vehicle, require the person
applying for registration of the
vehicle to produce the vehicle to
the Inspector of Motor Vehicles
38
[ or such other person as the
Authority may specify in this
behalf] in order that the
registering authority may satisfy
itself that the particulars
105. Temporary Registration._
(1) When it becomes expedient to meet a
particular temporary need, or on special
occasion, circumstances or due to the
lawful temporary stay of a person in
Bangladesh, notwithstanding anything
contained in section 101, if the
Authorization Certificate of the motor
vehicle is in force or if it is exempted from
an Authorization Certificate, the owner of a
motor vehicle may apply to any registering
authority or other prescribed authority on
payment of such levy and fee as may be
prescribed, to have the vehicle temporarily
registered on the terms and conditions and
in the manner prescribed and for the issue
in the prescribed manner of a temporary
certificate of registration and a temporary
registration mark:
Provided that the vehicle complies with
this Act as well as the rules and
regulations made there under as to
construction, weight, equipment, use and
age unless such motor vehicle has been
exempted from such compliance under
powers conferred by this Act and such
vehicle bears a clear, distinct and
untampered identifying particulars
including the engine and chassis number
and these are identical with the
corresponding particulars contained in the
Authorization Certificate as well as the
vehicle procurement and ownership
documents and the vehicle is in sound
mechanical condition and is roadworthy.
(2) A registration made under this section
shall be valid for one month and the period
may, on considering the circumstances
under which such temporary registration
was granted and on payment of such levy
and fees, as may be prescribed, be
extended (not exceeding one month at a
time) by such further period or periods so
that the total period of such temporary
registration may not exceed, in any case,
four months.
106. Inspection of a motor vehicles._
(1) The registering authority shall before
proceeding to register a motor vehicle
require the person applying for registration
of the vehicle to produce the vehicle for
inspection, weighing and measuring, if
required, to the Inspector of Motor
Vehicles or to at least equally qualified
such other authorized officer or person or
to an authorized vehicle examiner or
inspection centre or vehicle testing station
as the registering authority may specify in
this behalf or to such other prescribed
authority, in order that the registering
Modified
6-125

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
contained in the application are
true and that the vehicle
complies with the requirements
39
of Chapter VI and of the [
regulations] made thereunder
and that the vehicle is not
mechanically defective
(a)
(b)
(c)
authority may satisfy itself that-
the particulars contained in the application
for registration are identical with the
corresponding particulars contained in the
Authorization Certificate as well as the
vehicle procurement and ownership
documents; and
the vehicle complies with the requirements
of this Act as well as the rules and
regulations made there under particularly
to construction, weight, equipment, use
and age unless such motor vehicle has
been exempted from such compliance
under powers conferred by this Act; and
the vehicle bears a clear, distinct and
untampered identifying particulars
including the engine and chassis number;
and
(d) the vehicle is in sound mechanical
condition and is roadworthy.
(2) After registration, at any time, the
Authority or any registering authority or
any other prescribed authority or an
authorized officer may require a motor
vehicle to be brought for inspection as
aforesaid in sub-section (1) if he has
reason to believe-
(a)
(b)
(c)
(d)
that the motor vehicle does not comply
with the requirements of this Act or the
rules and regulations made there under;
that any information furnished to him in
respect of the motor vehicle is false,
incorrect or misleading;
that the motor vehicle is not in a
roadworthy condition; or
that the weight, dimensions, character,
construction, colour, identifying particulars
or seating accomodation have been
altered after the registration thereof.
(3) The registered owner of a motor vehicle,
shall, whenever required by the Authority
or by a registering authority or any other
prescribed authority or an authorized
officer so to do, forthwith furnish to the
authority as aforesaid, all such information
as he may require for the purpose of
verifying the entries relating to his motor
vehicle in the register or record and
forward or deliver to the said authority
certificate of registration of the motor
vehicle whenever required.
(4) After a motor vehicle has been inspected,
weighed or measured under sub-section
(2), or upon verification or receipt of any
information or proof furnished, in respect
of the inaccuracy of any entry in the
register or record relating to the motor
vehicle, the aforesaid authority may make
or caused to make, such amendments in
the register or record and in the
registration certificate relating to such
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
38. Refusal of registration
The registering authority shall
refuse to register any motor
vehicle if the vehicle is
mechanically defective or fails to
comply with the requirements of
40
Chapter VI or of the [
regulations] made thereunder, or
if the applicant fails to furnish
particulars of any previous
registration of the vehicle or the
chassis identification number or
furnishes inaccurate particulars
in the application for registration
of such vehicles, and shall
furnish, the applicant whose
vehicle is refused registration,
with the reasons in writing for
such refusal.
motor vehicle as he may consider
necessary, or may take any other action
as he deems fit.
(5) The “authorized vehicle inspection centre
or vehicle testing station” referred to in
sub-section (1), means a vehicle
inspection and testing center or station
equipped and maintained either by the
Authority or by the Government, or
selected by the Authority through
competitive bidding having regard to the
experience, training and ability of the
operator of such station and the testing
equipment and the testing personnel
therein, in accordance with the rules or
regulations made for the regulation and
control of such centers.
(6) Any person who without reasonable
excuse fails to comply with any
requirements of sub-section (2) or (3) shall
be guilty of an offence.
107. Refusal or renewal of registration._
The registering authority may, refuse to
register any motor vehicle, or renew the
certificate of registration of a motor
vehicle, if-
(a) the Authorization Certificate of the vehicle
is not in force; or
(b) the applicant fails to pay the prescribed
amount of taxes and fees applicable for
the vehicle; or
(c) the applicant fails to provide required
document(s), particulars or information for
registration or for the renewal of certificate
of registration; or
(d) the applicant fails to furnish particulars of
any previous registration of the vehicle; or
(e) the applicant furnishes inaccurate
particulars in the application for
registration of the vehicle or, as the case
may be, for renewal of the certificate of
(f)
(g)
(h)
(i)
registration thereof; or
the vehicle fails to comply with the
requirements of this Act or of the rules and
regulations made there under; or
the identifying particulars including the
engine and chassis number of the vehicle
are unclear, indistinct and tampered; or
the particulars contained in the application
are not identical with the corresponding
particulars contained in the Authorization
Certificate, previous registration certificate
or vehicle procurement and ownership
documents as the case may be; or
the vehicle is not in sound mechanical
condition and is unroadworthy;
the registering authority shall furnish the
applicant whose vehicle is refused
registration, or renewal of the certificate of
registration, with the reasons in writing for
Modified
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CHAPTER -VI
39. Change of residence or place
of business
(1) If the owner of a motor vehicle
ceases to reside or have his
place of business at the address
recorded in the certificate of
registration of the vehicle, he
shall, within thirty days of any
such change of address, intimate
his new address to the
registering authority by which the
certificate of registration was
issued and to the authority by
which the certificate of fitness
was issued or last renewed, 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 together with the
prescribed fee in order that the
new address may be entered
therein.
such refusal.
108. Display of Labels in a Motor Vehicle._
(1) Notwithstanding anything to the contrary
contained in this Act or in any other law for
the time being in force, no motor vehicle
other than a motor cycle or an invalid
carriage or such other vehicles which are
exempted under the provisions of this Act
or any rule or regulations made, shall be
used or driven or permitted for use on any
road or in any public place, if the lebels or
symbols provided by the concerned
authority indicating the validity of the
Authorization Certificate, registration,
fitness, tax token, permit, franchise or
such other document pertaining to the
vehicle are not displayed in the prescribed
manner or if, being so displayed, it is in
any way obscured, defaced or is rendered
or allowed to become or to remain not
easily distinguishable, or is not illuminated
in accordance with the provisions
prescribed:
Provided that no expired, defaced,
mutilated, illegible or fraudulent label or
symbol or token shall be displayed in any
motor vehicle and no such motor vehicle
shall be used on any road or in a public
place;
Provided further that nothing in this
section shall apply to a motor vehicle
registered under section 118 of this Act.
(2) Any person who contravenes sub-section
(1) shall be guilty of an offence.
109. Change of registered address._
(1) If the owner of a motor vehicle ceases to
reside or have his place of business at the
address recorded in the certificate of
registration of the vehicle, he shall, within
such time, in such manner and in
accordance with such procedure, as may
be prescribed, intimate his new address to
the registering authority by which the
certificate of registration was issued, and
to the authority by which the certificate of
fitness was issued or last renewed, 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 and all other relevant
documents to the registering authority or,
as the case may be, to the other
registering authority together with the
prescribed fee in order that the new
address may be entered therein in the
certificate of registration and in all other
relevant documents.
(2) A registering authority other than the
Inserted new
Modified
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(2) A registering authority other than
the original registering authority
making any such entry shall
communicate the altered
address to the original
registering authority and to the
authority which may require to
issue or renew the certificate of
fitness.
(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 three months
in duration or where the motor
vehicle is neither used nor
removed from the address
recorded in the certificate of
registration.
40. Transfer of ownership
(1) Where the ownership of any
motor vehicle registered under
this Chapter is transferred:
(a) the transferor shall, within
fourteen days of the transfer,
report the transfer, to the
registering authorities within
whose jurisdiction the transfer is
effected and shall simultaneously
send a copy of the said report to
the transferee;
(b)
the transferee shall, within thirty
days of the transfer, report the
transfer to the registering
authority within whose
jurisdiction he resides and shall
forward the certificate of
registration to that registering
authority together with the
prescribed fee and a copy of the
report received by him from the
transferor in order that
particulars of the transfer of
ownership may be entered in the
certificate of registration;
(c) the registering authority shall
cause physical verification of
particulars by the authority
specified under section 37, and,
if satisfied to the genuineness of
transfer, may enter the
particulars of the transfer of
ownership in the certificate of
registration 41 [ within thirty days
of the report made under clause
original registering authority before
making any such entry shall follow such
procedures as may be prescribed.
(3) If the owner of a motor vehicle fails to
intimate his new address to the registering
authority concerned within the period
prescribed under sub-section (1), he shall
be guilty of an offence and shall be liable
to pay, a penalty equivalent to five units of
penalty fixed under sub-section (2) of
section 353, for each month or fraction
thereof of the delay period.
(4) 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 three months in duration or where
the motor vehicle is neither used nor
removed from the address recorded in the
certificate of registration.
110. Transfer of ownership._
(1) Where the ownership of any motor vehicle
registered under this Chapter is
transferred voluntarily or otherwise:
(a) the transferor shall, within fourteen days of
the transfer, report the fact of transfer, in
such form with such documents and in
such manner, as may be prescribed, to
the registering authority within whose
jurisdiction the transfer is to be effected
that is where the address of the transferee
recorded in the transfer documents falls,
and shall simultaneously deliver a copy of
the said report along with the certificate of
registration and all other relevant
documents including the Authorization
certificate pertaining to the motor vehicle
(unless he wishes to retain the same) to
the transferee; and
(b) the transferee shall, within thirty days of
the transfer, apply in such form with such
documents and in such manner, as may
be prescribed, to the registering authority
within whose jurisdiction the transfer is to
be effected that is where his address
recorded in the transfer documents falls,
and shall forward the certificate of
registration to that registering authority
together with the prescribed fee and a
copy of the report received by him from
the transferor and all other relevant
documents delivered to him including the
Authorization certificate pertaining to the
motor vehicle, if delivered, on receipt of an
acknowledgement in such form as may be
prescribed, in order that he may be
registered as new owner and the
particulars of the transfer of ownership
may be entered in the register, record and
Modified
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CHAPTER -VI
(b)].
(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 and, to the
authority which may require to
issue or renew the certificate of
fitness.
the certificate of registration and all other
relevant documents:
Provided that if the Authorization
certificate pertaining to the motor vehicle
is not delivered to him by the transferor,
he shall not be registered as new owner
until he/she posses a valid Authorization
certificate or obtains a new Authorization
certificate issued to him.
(c) if the transferor who rertains the
Authorization certificate does not get
registered any vehicle in his name against
the Authorization certificate within ninety
days or surrenders the Authorization
certificate during this period with a view to
securing the rebate, if any, entitled under
this Act or the rules or regulations made
there under, the Authorization certificate
will have no effect and shall be treated as
cancelled.
(2) The vehicle shall not be used on a road
after the expiry of the period specified
therein, unless the application under
clause (b) of sub-section (1) is made and
the registering authority acknowledges it
or the new owner is registered as the
owner thereof.
(3) The registering authority by which the
transfer of a motor vehicle is to be
effected may, after making such inquiry
and requiring the applicant to comply with
such directions or procedures as it deems
fit, shall, in accordance to such procedure
as may be prescribed cause physical
verification of particulars of the vehicle by
the authority specified under section 106,
and, if satisfied to the genuineness of
transfer, shall enter the particulars of the
transfer of ownership in the record and
issue a fresh certificate of registration to
the new owner in lieu of the altered
certificate of registration within thirty days
of the application made under clause (b)
of sub-section (1):
Provided that a registering authority other
than the original registering authority shall,
before making any such entry relating to
the transfer of ownership in the record,
communicate in the prescribed manner
the facts of transfer of ownership to the
original registering authority and the
registering authority which last renewed
the certificate of registration and, to the
authority which issued or renewed the
certificate of fitness for their no objection
certificate for entering the particulars of
the transfer of ownership in the record and
the certificate of registration.
(4) Before granting or refusing to grant the no
objection certificate, the registering
authority concerned shall verify whether all
the amounts due to the Government
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including road tax in respect of that motor
vehicle have been paid, unless exempted
under the provisions of this Act or any
rules or regulations made there under, and
shall also ascertain if any report of theft, if
any, made to it in respect of the vehicle is
pending and take into account such other
factors as may be prescribed.
(5) If the registering authority or other
authority concerned does not refuse to
grant the no objection certificate as
aforesaid in sub-section (3), or does not
communicate the refusal to the registering
authority that made the request for it within
fifteen days, it shall be deemed to have
granted the no objection certificate
desired.
(6) If the transferor or the transferee fails to
report to the registering authority the fact
of transfer within the period specified in
clause (a) or clause (b) of sub-section (1),
as the case may be, he/she shall be guilty
of an offence and shall be liable to pay, a
penalty equivalent to five units of penalty
fixed under sub-section (2) of section 353,
for each month or fraction thereof of the
delay period.
(7) In the case of death of a registered owner,
the application for the transfer of
ownership of such vehicle, may be made,
by the nominated heir on behalf of all the
heirs and such applicant shall be
registered as the new owner of the motor
vehicle for the purpose of this Act, but
nothing in this Act shall be deemed to
prejudice or to affect in any way the right
of other claimant to the ownership of the
motor vehicle to cause his/her rights to be
determined by any authority or by a court.
(8) Where the registered owner of a motor
vehicle dies, or where a motor vehicle has
been purchased or acquired at a public
auction conducted by, or on behalf of the
Government, the person succeeding to the
possession of the vehicle or, as the case
may be, who has purchased or acquired
the motor vehicle, may make an
application for the purpose of transferring
the ownership of the vehicle in his/her
name, to the registering authority in whose
jurisdiction his address in the acquisition
documents falls in such manner,
accompanied with such fee, such
documents and within such period as may
be prescribed:
Provided that the applicant shall not be
registered as new owner until the
registering authority concerned obtains a
no objection certificate mentioned under
sub-section (3) and the applicant posses a
valid Authorization certificate or obtains a
new Authorization certificate issued to
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CHAPTER -VI
41. Special provisions regarding
motor vehicles subject to hirepurchase
agreement
(1) Where an application for
registration of a motor vehicle
which is held under a hirepurchase
agreement is made,
the registering authority shall
make an entry in the certificate of
registration regarding the
existence of the said agreement.
(2) When the ownership of any
motor vehicle registered under
this Chapter is transferred and
the transferee enters into a hirepurchase
agreement with any
person, the registering authority
shall, on receipt of an application
from the parties to that
agreement, make an entry as to
the existence of such hirepurchase
agreement in the
certificate of registration.
(3) Any entry made under sub
section (1) or sub section (2)
may be cancelled by the
registering authority on proof of
termination of the hire-purchase
agreement by the parties
concerned.
(4) No entry regarding the transfer of
ownership of any motor vehicle
which is held under a hirepurchase
agreement shall be
made in the certificate of
registration except with the
written consent of the person
whose name has been specified
in the certificate of registration as
the person with whom the
registered owner has entered
into a hire-purchase agreement.
(5) Where the person whose name
has been specified in the
certificate of registration as the
person with whom the registered
owner has entered into a hirepurchase
agreement, satisfies
the registering authority that he
has taken possession of the
vehicle owing to the default of
the registered owner under the
provisions of the agreement and
that the registered owner refuses
to deliver the certificate of
registration or has absconded,
such authority may, after giving
him.
111. Motor vehicles subject to hire purchase
agreement._
(1) Where an application for registration of a
motor vehicle which is held under a hire
purchase or conditional sale or lease or
hypothecation agreement (hereafter in this
section referred to as the said agreement),
is made, the registering authority shall
make an entry in the records and keep a
hint in the certificate of registration
regarding the existence of the said
agreement.
(2) When the ownership of any motor vehicle
registered under this Chapter is
transferred and the transferee enters into
the said agreement with any person, the
registering authority in whose jurisdiction
the transfer is effected shall, on receipt of
an application from the parties to the said
agreement, make an entry as to the
existence of said agreement in the records
and in the certificate of registration of the
vehicle.
(3) Any entry made under sub-section (1) or
sub-section (2) may be cancelled by the
registering authority, in whose record the
vehicle is, on an application made to it,
with the proof of termination of the said
agreement by the parties concerned.
(4) No entry regarding the transfer of
ownership of any motor vehicle which is
held under the said agreement shall be
made in the record or in the certificate of
registration except with the written
consent of the person whose name has
been specified in the record or the
certificate of registration as the person
with whom the registered owner has
entered into the said agreement (such
person being hereafter in this section
referred to as the financier).
(5) Where the financier satisfies the
registering authority that he has taken
possession of the vehicle owing to the
default of the registered owner under the
provisions of the said agreement and that
the registered owner refuses to deliver the
certificate of registration and the license of
the vehicle or has absconded, such
authority may, after giving the registered
owner an opportunity to make such
representation as he may wish to make
(by sending to him a notice by registered
post acknowledgement due at his address
entered in the certificate of registration or
to his email address, if any or by delivery
in person), and notwithstanding that the
license of the vehicle and the certificate of
registration have not been produced
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
the registered owner an
opportunity to make such
representation as he may wish to
make (by sending to him a notice
by registered post
acknowledgement due at his
address entered in the certificate
of registration) and
notwithstanding that the
certificate of registration is not
produced before it, cancel the
certificate and issue a duplicate
thereof to the person aforesaid.
(6) The provisions of sub sections
(1) to (5) shall, so far as may be,
apply to a motor vehicle which is
subject to hypothecation as they
apply to any motor vehicle which
is held under a hire- purchase
agreement.
42. Alteration in motor vehicle
(1) No owner of a motor vehicle
shall so alter the vehicle that the
particulars contained in the
certificate
of
registration are no longer
accurate, unless:-
(a) he has given 42 [ notice in writing]
to the registering authority within
whose jurisdiction he resides, of
the alteration he proposes to
make, and
(b) has obtained the approval of the
registering authority to make
such alteration:
Provided that it shall not be
necessary to obtain such
approval for making any change
in the unladen weight of motor
vehicle consequent on the
before it, cancel the license and the
certificate, and issue a fresh license and a
certificate of registration thereof, in the
name of the financier as aforesaid on
payment of prescribed levy and fee:
Provided that a fresh license and a
certificate of registration issued under this
sub-section in respect of the motor vehicle
shall be valid only for the remaining period
for which the license and the certificate
cancelled under this sub-section would
have been in force.
(6) Any application or communication to any
authority or officer under this Act or any
rules or regulations made there under by
the registered owner, for the issue or
renewal of any Authorization certificate,
certificate of registration or permit or any
duplicate thereof, or for the conversion of
the vehicle from one class to another, or
for the change of residence or place of
business, or for the transfer of ownership,
or for recording existence or termination of
the said agreement under sub-sections
(1), (2), (3) or (4), or for the replacement
of a vehicle in the permit, or for
suspension or cancellation of registration
of the motor vehicle, or for such other
related matters, shall be made, with the
written consent of the financier or under
the joint signaure of both the registered
owner and the financier.
(7) Where a registering authority taking any
actions under this section, is not the
original registering authority, it shall
communicate the actions taken by it, to
the original registering authority in the
prescribed manner.
112. Alteration in motor vehicles._
(1) No owner of a motor vehicle shall so alter
the vehicle that the particulars contained
in the certificate of registration are no
longer compatible with those formerly
specified therein in respect of the vehicle,
unless:-
(a) he has given notice in writing to the
registering authority in whose record the
vehicle is, of the alteration he proposes to
make, and
(b) has obtained the approval of the
registering authority to make such
alteration:
Provided that a post-facto approval may
be obtained, where the alteration
proposed or made relates to the
modification of the engine, or any part
thereof, of a vehicle for facilitating its
operation by different type of fuel or
source of energy including battery,
compressed natural gas, solar power,
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
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) No alteration which is likely to
affect the chassis identification
number, chassis construction or
the make and model of the
vehicle or the maximum limits in
laden weight certified by the
manufacturer shall be allowed.
(3) Any change where class of vehicle
is effected shall be treated as
new registration and the
provisions of section 33 and
section 34 shall thereupon apply.
(4) Where a registering authority has
received notice under sub
section (1), it shall obtain the
opinion of the concerned
Inspector of Motor Vehicles on
the proposed alteration and shall
within fourteen days of the
receipt of the notice
communicate (by registered post
acknowledgement due) to the
owner of the vehicle its approval
to the proposed alteration or
otherwise.
(5) Notwithstanding anything
contained in sub-section (1), the
authority may, by notification in
the official Gazette, authorise,
subject to such conditions as
may be specified in the
notification, the owner of more
than one vehicle of the same
make and specifications to alter
any such vehicle so as to replace
the engine thereof by an engine
of same make and specifications
without the approval of the
registering authority.]
(6) Where any alteration has been
made in a motor vehicle with the
approval of the registering
authority or by reasons of any
change in its engine number
without such approval under sub
section (5), the owner of the
vehicle shall, within fourteen
days of the making of the
alteration, report the alteration to
the registering authority within
whose jurisdiction he resides and
shall forward the certificate of
liquid petroleum gas or any other fuel or
source of energy, are carried out subject
to such conditions as may be prescribed,
by fitment of a conversion kit of prescribed
or approved specifications, in compliance
to conditions for approval, retrofitment and
other related matters for such conversion:
Provided further that the Authority may, for
any specific purpose, subject to the
provisions of sub-sections (2), (3) and (4),
grant exemption for alteration of vehicles
in a manner other than that specified
above.
(2) No alteration, which is likely to affect the
chassis identification number, chassis
construction other than the reinforcement
and extension or reduction of the rear
overhang if so authorised by the
manufacturer or the make and model or
year of manufacturing of the vehicle or the
maximum limits in laden weight certified
by the manufacturer, shall be allowed.
(3) Alteration of wheel base of a vehicle if
required under special circumstances may
not be made without the specific order and
approval of the Authority to be done by
specially authorised motor workshop.
(4) Re-building of a junk vehicle or salvaged
vehicle or a vehicle which has been
declared by any competent authority
permanently incapable of use, dangerous
for use or dangerous for public safety, or a
total loss or scrap shall not be allowed :
Provided that this sub-section shall not
apply to a salvaged vehicle which is
considered not dangerous for use or for
public safety.
(5) Any change where class of vehicle is
affected shall be treated as new
registration and the provisions of section
100 shall thereupon apply.
(6) Where a registering authority has received
notice proposing alteration, or an
application for approval of alteration under
sub-section (1) it shall cause an inspection
of the vehicle by the officer or the station
specified under sub-section (1) of section
105, and obtain opinion on the proposed
alteration or on the alteration made, as the
case may be, and shall within fourteen
days of the receipt of the notice or
application communicate to the owner of
the vehicle its approval to the alteration
proposed or made, or otherwise.
(7) Notwithstanding anything contained in
sub-section (1), the Authority may, by
notification in the official Gazette,
authorise, subject to such conditions as
may be specified in the notification, and
permit the person owning ten or more
vehicles of the same make and
specifications to alter any such vehicle
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
registration to that authority
together with the prescribed fee
in order that particulars of the
alteration may be entered
therein.
(7) A registering authority other than
the original registering authority
making any such entry shall
communicate details of the entry
to the original registering
authority and to the authority
which issued or last renewed the
certificate of fitness.
43. Suspension of registration
(1) If any registering authority or other
prescribed authority has reason
to believe that any motor vehicle
within its jurisdiction,-
(a) is in such condition that its use in a
public place would constitute a
danger to the public, or that it
fails to comply with the
owned by him so as to replace the engine
thereof by an engine of same make and
specifications without the prior approval of
the registering authority.
(8) Where any alternation has been made in a
motor vehicle with the approval of the
registering authority or by reasons of any
change in its engine number without such
approval under sub-section (7), the owner
of the vehicle shall, within fourteen days of
the making of the alternation, report the
alteration to the registering authority within
whose jurisdiction the alteration is to be
effected, and shall forward the certificate
of registration and all other relevant
documents to that authority together with
the prescribed fee in order that particulars
of the alteration may be entered therein.
(9) If the owner of a motor vehicle fails to
comply with sub-section (8), he shall be
guilty of an offence and shall be liable to
pay, a penalty equivalent to five units of
penalty fixed under sub-section (2) of
section 353, for each month or fraction
thereof of the delay period.
(10) A registering authority other than the
original registering authority making any
such entry shall communicate details of
the entry to the original registering
authority and to the registering authority
which last renewed the certificate of
registration and to the authority which
issued or last renewed the certificate of
fitness.
(11) No person in possession of a vehicle
under any agreement with the owner shall
make any alteration to the vehicle except
with the written consent of the registered
owner.
(12) Any person who makes any alteration to a
vehicle in contravention of this section
shall be guilty of an offence.
Explanation._ For the purposes of this
section, "alteration" means a change in
the structure of a vehicle which results in a
change in its basic feature and
consequently the particulars of the vehicle
in the record and the certificate of
registration.
113. Suspension of registration._
(1) If the Authority or any registering authority
or other prescribed authority has reason to
believe that any motor vehicle within its
jurisdiction:
(a) is in such 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 this Act or of the rules or
regulations made there under, or
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CHAPTER -VI
(b)
requirements of Chapter VI or of
44
the [ regulations] made
thereunder, or
has been or is being used, for
hire or reward without a valid
permit for being used as such, or
has been or is being used
without a valid certificate of
fitness;
the authority may, after giving
the owner an opportunity of
making any representation he
may wish to make (by sending to
the owner a notice by registered
post acknowledgement due at
his address entered in the
certificate of registration) for
reasons to be recorded in
writing, suspend the certificate of
registration of the vehicle-
(i) in any case falling under clause (a),
until the defects are remedied to
its satisfaction; and
(ii) in any case falling under clause
(b), for a period not exceeding
six months.
(2) 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 therefore to the
registering authority within
whose jurisdiction the vehicle is
at the time of the suspension.
(3) 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 if it is
not the original registering
(b)
(i)
(ii)
has been or is being used, for hire or
reward without a valid permit for being
used as such, or a permission or a
franchise certificate, or has been or is
being used without a valid Authorization
certificate, or valid certificate of fitness or
valid tax token or without displaying a
label or without paying the taxes and fees
imposed by any competent authority;
the authority may, after giving the owner
or the in charge of the vehicle an
opportunity of making any representation
he may wish to make (by sending to the
owner or the in charge, a notice by
registered post acknowledgement due at
his address entered in the certificate of
registration or at his email address, if any
or by delivery in person) for reasons to be
recorded in writing, suspend the certificate
of registration of the vehicle:-
in any case falling under clause (a), until
the defects are remedied to its
satisfaction; and
in any case falling under clause (b), for a
period not exceeding six months or for a
period as may be necessary for updating
the document in question, whichever is
shorter.
(2) 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 therefore to the registering
authority within whose jurisdiction the
vehicle is or to the registering authority in
whose record the vehicle is at the time of
the suspension.
(3) 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 if it is
not the original registering authority, shall
forward the certificate of registration to
that authority which may cancel it
forthwith.
(4) The owner or the in charge of a motor
vehicle shall, on the demand of the
Authority or a registering authority or other
prescribed authority which has suspended
the certificate of registration of the vehicle
under this section, surrender the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
authority, shall forward the
certificate of registration to that
authority which may cancel it
forthwith.
(4) The owner of a motor vehicle
shall, on the demand of a
registering authority or other
prescribed authority which has
suspended the certificate of
registration of the vehicle under
this section, surrender the
certificate of registration and any
token or card issued to authorise
the use of vehicle in a public
place.
(5) A certificate of registration and any
token or card surrendered under
sub-section (4) shall be returned
to the owner when the order
suspending registration has been
rescind and not before.
44. Cancellation of registration
(1) If a motor vehicle has been
destroyed or has been rendered
permanently incapable of use,
the owner shall, within fourteen
days or as soon as may be,
report the fact to the registering
authority within whose
jurisdiction he resides and shall
forward to that autho¬rity 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, and shall simultaneously
send a copy of the report to the
authority which issued or last
renewed the certificate of fitness.
(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 a motor
vehicle within its jurisdiction by
45
such authority as the [
Authority] may by order appoint
and, if upon such examination
certificate of registration and any token or
card or certificate or authorization or
permit or franchise certificate issued to
authorize the use of vehicle in a public
place and the number plate if any, issued
by the authority.
(5) If the owner or the in charge of a motor
vehicle fails to comply with sub-section
(4), he shall be guilty of an offence and
shall be liable to pay, a penalty equivalent
to five units of penalty fixed under subsection
(2) of section 353, for each month
or fraction thereof of the delay period.
(6) A certificate of registration and any token
or card or license or permit or certificate
surrendered under sub-section (4) shall be
returned to the owner when the order
suspending registration has been rescind
and not before.
114. Cancellation of registration._
(1) If a motor vehicle has been destroyed or
has been rendered permanently incapable
of use, or not in use in any road, or has
been permanently removed from
Bangladesh, the owner shall, within
fourteen days or as soon as may be,
report the fact to the registering authority
in whose record the vehicle is, together
with proof for the satisfaction of the
authority, and shall forward to that
authority, the certificate of registration of
the vehicle, together with any token or
card or authorization or certificate issued
to authorise the use of the vehicle in a
public place and the number plate if any,
issued by the authority, and shall,
simultaneously send a copy of the report
to the authority which issued or last
renewed the certificate of fitness.
(2) Any registering authority or the Authority
or other prescribed authority may, order
the examination of a motor vehicle within
its jurisdiction, by the authorized officer or
the centre or the station specified under
sub-section (1) of section 106, or any
other prescribed authority and, if upon
such examination and after giving the
owner an opportunity to make any
representation he may wish to make (by
sending to the owner a notice by
registered post acknowledgement due at
the address entered in the certificate of
registration, or at his email address, if any
or by delivery in person) it is satisfied that
the vehicle is in such a condition that it is
incapable of being used or its use in a
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
and after giving the owner an
opportunity to make any
representation he may wish to
make (by sending to the owner a
notice by registered post
acknowledgement due at the
address entered in the certificate
of registration) it is satisfied that
the vehicle is in such a condition
that it is incapable of being used
or its use in a public place would
constitute a danger to the public
and that it is beyond reasonable
repair, may cancel the
registration of the vehicle.
(4) If a registering authority is satisfied
that a motor vehicle has been
permanently removed out of
Bangladesh, the registering
authority shall cancel the
registration.
(5) A registering authority cancelling
the registration of a motor
vehicle under section 43 or
under this section shall
communicate the fact in writing
to the owner of the vehicle and
the owner of the vehicle shall
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,
forward the certificate of
registration to that 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 39, 40
and 43 means the registering
authority in whose records the
registration of the vehicle is
recorded.
public place would constitute a danger to
the public and that it is beyond reasonable
repair, may cancel the registration of the
vehicle with an intimation to the original
registering authority.
(3) The registering authority in whose record
the vehicle is, shall, cancel the certificate
of registration of a motor vehicle if-
(a) the vehicle has been permanently
removed out of Bangladesh; or
(b) the vehicle is destroyed or permanently
incapable of use; or
(c) the vehicle has ceased to be kept or used
on any road in Bangladesh;
(d) the registered owner of the vehicle
voluntarily requests the registering
authority to cancel the registration and
returns the certificate of registration and
the number plate ( if issued by the
authority) or any card or token or
authorization, or certificate issued to
authorise the use of the vehicle in a public
place to the authority; or
(e) the registering authority is satisfied from
the report made by the owner or by the
police, or otherwise that the vehicle has
been stolen and not recovered; or
(f) the vehicle has been declared condemned
by a competent authority, other than on
the ground of uneconomic repair; or
(g) the use of the vehicle is dangerous or
dangerous for public safety; or
(h) the vehicle is beyond reasonable repair or
(i)
(j)
(k)
(l)
(m)
a total loss;
the registered owner of the vehicle fails to
produce the vehicle for examination when
required to do so under sub-section (2); or
the authority is satisfied that there is not
sufficient details to identify the vehicle; or
the identifying particulars including the
engine and chassis number of the vehicle
is unclear, indistinct or tampered;
the registration is obtained by fraud or
misrepresentation, or on the basis of false
documents or other dishonest means;
the authorization certificate of the vehicle
has been cancelled, or the authorization
certificate expired has not been restored
or renewed within the time prescribed, or
(n) the vehicle exceeds the age limit
prescribed for the class or description of
vehicle; or
(o) the vehicle has been forfeited pursuant to
any law;
(p) within prescribed time, the vehicle will be
destroyed or removed from Bangladesh;
(q) the vehicle has been used in the
commission of a cognizable offence; or
(r) an insurer settles an insurance claim in
relation to a registered vehicle on the
basis that the vehicle is a total loss.
(4) The insurer who settles a claim on the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
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45. Appeals
(1) Any owner of a motor vehicle
aggrieved by an order of refusal
under section 38 to register a
motor vehicle or under sub
section (1) of section 47 to issue
a certificate of fitness or by an
order of suspension or
cancellation made under section
43 or 44 or by an order of
cancellation under sub section
(3) of section 47 may, within
thirty days of the date on which
he has received notice of such
order, appeal against the order
basis of total loss must, within fourteen
days of settling the claim, inform the
registering authority in whose record the
vehicle is at that time and the original
registering authority of the settlement.
(5) If any insurer of a motor vehicle fails to
comply with sub-section (4), he shall be
guilty of an offence and shall be liable to
pay, a penalty equivalent to five units of
penalty fixed under sub-section (2) of
section 353, for each month or fraction
thereof of the delay period.
(6) A registering authority cancelling the
registration of a motor vehicle under
section 113 or under this section shall
communicate the fact in writing to the
owner of the vehicle and the owner of the
vehicle shall 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.
(7) If the owner of a motor vehicle fails to
comply with sub-section (1) or (2) he shall
be guilty of an offence and shall be liable
to pay, a penalty equivalent to five units of
penalty fixed under sub-section (2) of
section 353, for each month or fraction
thereof of the delay period.
(8) 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,
forward the certificate of registration to
that authority, and the authority shall
cancel the certificate of registration and
the entry relating to the motor vehicle in its
records.
(9) For the purpose of this section or the Act,
unless the context otherwise refers, the
expression "original registering authority"
means the registering authority in whose
records the registration of the vehicle is
recorded.
115. Appeals._
(1) Any person aggrieved by an order of the
Authority or the registering authority or
any other authority or officer acting under
this chapter or any rules or regulations
made there under, after giving a notice of
his intention, so to do to the authority
which issued the order may, within thirty
days of the service on him of the order,
appeal to the appropriate appellate
authority specified under section 43 which
shall decide the appeal:
Provided that orders made by the
aforesaid authority or officer shall remain
in force pending the disposal of the appeal
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
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 it thinks fit:
unless the appellate authority conditionally
or unconditionally otherwise directs.
(2) The decision of the appellate authority
shall be binding upon the authority making
the order and the appellant.
Provided that orders of the
original authority shall remain in
force pending the disposal of the
appeal unless the appellate
authority otherwise directs.
46. Special requirements for
registration of transport
vehicle
(1) Having regard to the number,
nature and the size of the tyres
attached to the wheels of a
transport vehicle, other than a
motor cab, its make and model
and other relevant consideration,
46
the [ Authority] may, by
notification in the official Gazette,
specify in relation to each make
and model of a transport vehicle
the maximum safe laden weight
of such vehicles and the
maximum safe weight of each
axle of such vehicle.
(2) The registering authority, when
registering transport vehicle,
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
tyres attached to each wheel;
(c)
the registered laden weight of
the vehicle and the registered
axle weights pertaining to the
several axle thereof; and
(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 same particulars
116. Special requirements for transport
vehicles.
(1) Having regard to the number, nature and
the size of the tyres attached to the
wheels of a transport vehicle, other than a
taxi cab and a 3 wheel vehicle, its make
and model and other relevant
consideration, the Authority may, by
notification in the official Gazette, specify
in relation to each make and model of a
transport vehicle, the maximum safe laden
weight or the train weight of such vehicles
and the maximum safe weight of each
axle of such vehicle:
Provided that the weights so specified in
the notification, shall not exceed the limits,
as may be determined and fixed by the
manufacturer in the owner’s manual, in
respect of the gross vehicle weight and
the maximum axle weight for the vehicle.
(2) The registering authority, when registering
a transport vehicle, shall enter in the
record of registration and shall also enter
in the certificate of registration of the
vehicle the particulars, as may be
prescribed relating to the following:
(a) the unladen weight of the vehicle;
(b) the number, nature and size of tyres
attached to each wheel;
(c) the registered laden weight or the train
weight of the vehicle and the registered
axle weights pertaining to each axle
thereof;
(d) the overall length, width, height, wheel
base and the overhangs; and
(e) 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
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
of registration and the registered
address of the owner exhibited in
the prescribed manner on the
vehicle.
(3) There shall not be entered in the
certificate of registration of any
such vehicle any laden weight of
vehicle or a registered axle
weight of any of its axle different
from that specified in the
notification under sub section (1)
and in relation to the make and
model of the vehicle and to the
number, nature, and size of tyres
attached to its wheels:
Provided that where it appears to
the 47 [ Authority] that heavier or
lighter weights than those
specified in the notifications
under sub section (1) may be
permitted in a particular locality
for vehicle of a particular type,
the
48 [ Authority] may, by order in
the official Gazette; direct that
the provisions of this sub section
shall apply with such
modifications as may be
specified in the order.
(4) When by reason of any alteration
in such vehicle including an
alteration in the number, nature
or size of its tyres, the registered
laden weight of the vehicle or the
registered axle weight of any of
its axles no longer accords with
the provisions of sub section (3),
the provisions of section 42 shall
apply and the registering
authority shall enter in the
certificate of registration of the
vehicle revised registered weight
which accords with the said sub
section.
(5) In order that registered weight
entered in the certificate of
registration of a vehicle may be
revised in accordance with the
provisions of sub section (3), the
registering authority may require,
the owners of transport vehicle in
accordance with such
procedures as may be
prescribed, to produce the
certificate of registration within
such time as may be specified by
the registering authority.
(6) Till such time the notification
the same particulars of registration and
the registered address of the owner and
the name of route exhibited in the
prescribed manner on the vehicle.
(3) There shall not be entered in the
certificate of registration of any such
vehicle any laden weight or train weight of
vehicle or a registered axle weight of any
of its axle different from that specified in
the notification under sub-section (1) and
in relation to the make and model of the
vehicle and to the number, nature, and
size of tyres attached to its wheels:
Provided that where it appears to the
Authority that heavier or lighter weights
than those specified in the notifications
under sub-section (1) may be permitted in
a particular area or route for vehicle of a
particular type, the Authority may by order
in the official Gazette; direct that the
provisions of this sub-section shall apply
with such modifications as may be
specified in the order.
(4) When by reason of any alteration in such
vehicle including an alternation in the
number, nature or size of its tyres, the
registered laden weight or the train weight
of the vehicle or the registered axle weight
of any of its axles no longer accords with
the provisions of sub-section (3), the
provisions of section 112 shall apply and
the registering authority shall enter in the
certificate of registration of the vehicle
revised registered weight which accords
with the said sub-section.
(5) In order that registered weight entered in
the certificate of registration of a vehicle
may be revised in accordance with the
provisions of sub- section (3), the
registering authority may require the
owners of transport vehicle in accordance
with such procedures as may be
prescribed, to produce the certificate of
registration within such time as may be
specified by the registering authority.
(6) In the absence of any notification under
sub-section (1), the maximum safe laden
weight or the train weight of a transport
vehicle and the maximum safe axle weight
in respect of any of its axle may, however,
be determined, keeping in view, the
recommendations of the manufacturer in
respect of such weights, and shall not be
fixed higher than that recommended.
(7) Any owner who fails to exhibit the
particulars specified under sub-section (2)
in the manner prescribed shall be guilty of
an offence.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
under sub section (1) is issued,
the maximum safe laden weight
of a transport vehicle and the
maximum safe axle weight in
respect of any of its axle may,
however, be calculated in
accordance with the Seventh
Schedule.
47. Certificate of fitness of motor
vehicle
(1) Subject to the provisions of section
48, no motor vehicle other than
the motor vehicles as may be
prescribed shall be deemed to
be validly registered for the
purposes of section 32, unless it
carries a certificate of fitness in
‘Form J' as set forth in the First
Schedule, issued by the
Inspector of Motor Vehicles or
any other 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; where the Inspector
of Motor Vehicles or any other
prescribed authority refuses to
issue such certificate, it shall
supply the owner of the vehicle
with its reasons in writing for
such refusal.
(2) The 49 [ Authority] may make [
regulations] subject to which the
certificate of fitness of motor
vehicles may be renewed by the
registered motor workshops
specially authorised in this behalf
51
by the [ Authority] by
notification in the official Gazette.
52 [ (3) Subject to the provision of subsection
(4), a certificate of fitness
shall remain effective for a period
of one year to be specified in the
certificate by the issuing
authority.]
(4) Any Inspector of Motor Vehicles or
other 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 53 [ rules or regulations]
made thereunder; and on such
cancellation or on the expiry of
50
117. Certificate of Fitness of Motor
Vehicles._
(1) Subject to the provisions of sections 37
and 118, except otherwise prescribed or
exempted, no motor vehicle shall be
deemed to be validly registered for the
purposes of this Act, unless it carries a
certificate of fitness in such form,
containing such particulars and
information as may be prescribed; issued
by the authorized officer or the centre or
the station specified under sub-section (1)
of section 106, or any other prescribed
authority, after such inspection and test,
and in accordance to such procedure as
may be prescribed, to the effect that the
vehicle complies for the time being with all
the requirements of this Act and the rules
and regulations made there under.
(2) Where the officer, authority or the centre
or the station as aforesaid in sub-section
(1), refuses to issue such certificate, it
shall supply the owner or his authorized
representative or the incharge of the
vehicle with its reasons in writing for such
refusal.
(3) The Authority may make regulations,
subject to which the certificate of fitness of
motor vehicles, other than transport
vehicles, may be, issued or renewed by
the authorized officers or the approved
vehicle inspection centres or vehicle
testing stations specified under subsection
(1) of section 106, or any other
prescribed authority, authorised or
approved in this behalf by the Authority in
accordance to the procedures prescribed.
(4) Subject to the provision of sub-section (5),
a certificate of fitness shall remain
effective for such period as may be
prescribed for different class or type of
vehicle, but in any case not less than six
months for vehicles more than fifteen
years old, and not more than two years for
vehicles less than fifteen years old, having
regard to the quality of the vehicle make
and objects of this Act.
(5) Any Inspector of Motor Vehicles or any
authorized officer or other prescribed
authority, having requisite technical
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
the certificate of fitness the
certificate of registration of the
vehicle and any permit granted in
respect of the vehicle under
Chapter V shall be deemed to be
suspended until a new certificate
of fitness has been obtained and
the owner of such motor vehicle
shall surrender to the registering
authority within whose
jurisdiction he resides any token
or card issued to authorise the
use of the vehicle in a public
place.
(5) Any token or card surrendered
under sub section (4) shall be
returned to the owner when a
fresh certificate of fitness has
been obtained.
(6) A Certificate of fitness issued
under this Ordinance shall, while
it remains effective, be valid
throughout Bangladesh unless
otherwise specified by the
issuing authority.
152. Using of motor vehicle without
registration or certificate of
fitness or permit
(1) Whoever drives a motor vehicle or
causes or allows a motor vehicle
to be used or let out a motor
vehicle for use in contravention
of the provisions of section 32 or
without the certificate of fitness
under section 47 or the permit
required by sub section (1) of
section 51 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 or to the maximum of
passengers and maximum
weight of luggage that may be
carried on the vehicle, 151 [ shall
be punishable for a first offence
with imprisonment for a term
which may extend to three
months, or with fine which may
extend to two thousand Taka, or
with both and for any subsequent
offence with imprisonment for a
term which may extend to six
months, or with fine which may
extend to five thousand Taka, or
with
both.]
qualification as may be prescribed, may,
for reasons to be recorded in writing,
suspend or cancel a certificate of fitness
at any time, if satisfied that the vehicle to
which it relates, no longer complies with
the requirements of this Act and the rules
or regulations made thereunder; and on
such suspension or cancellation, or on the
expiry of the certificate of fitness, the
certificate of registration of the vehicle,
and any Authorization certificate or permit
granted in respect of the vehicle shall be
deemed to be of no effect until a new
certificate of fitness has been obtained,
and the owner of such motor vehicle
shall, surrender to the registering authority
in whose record the vehicle is or within
whose jurisdiction he resides, any token or
.card, or license or permit issued to
authorise the use of the vehicle in a public
place.
(6) If the owner of a motor vehicle fails to
comply with sub-section (5), he shall be
guilty of an offence and shall be liable to
pay, a penalty equivalent to five units of
penalty fixed under sub-section (2) of
section 353, for each month or fraction
thereof of the delay period.
(7) Any token or card surrendered under subsection
(5) shall be returned to the owner
when a fresh certificate of fitness has
been obtained and not before.
(8) A Certificate of fitness issued under this
Act shall, while it remains effective, be
valid throughout Bangladesh unless
otherwise specified by the issuing
authority.
(9) Subject to the exceptions or exemptions
granted under this Act, a person, who
uses on a road at any time, or causes or
permits to be so used, a motor vehicle in
respect of which there is no certificate of
fitness in force, shall be guilty of an
offence.
(2) Nothing in this section shall
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
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 to the
Regional Transport Committee
within seven days.
48. Registration of vehicles, the
property of the Defence
Services
(1) The authority 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 Defence Services; and any
vehicle so registered shall not,
so long as it remains the
property or under the exclusive
control of the Defence Services,
require to be registered
otherwise under this Ordinance.
(2) A motor vehicle registered under
this section unless otherwise
prescribed shall carry a
certificate of fitness in ‘Form J'
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 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 Defence Services, the
provisions of section 33 shall
thereupon apply.
(5) The authority registering a vehicle
under sub section (1) shall
furnish to the Government all
such information regarding the
general nature, overall
dimensions, and axle weight of
the vehicle as the Government
118. Registration of motor vehicles of the
Armed Forces._
(1) Any officer authorized in this behalf by the
Chief of Staff of the respective Armed
Forces may register any motor vehicle
which is the property or for the time being
under the exclusive control of the Armed
Forces; and any vehicle so registered
shall not, so long as it remains the
property or under the exclusive control of
the Armed Forces, require to be registered
otherwise under this Act.
(2) An authority registering a vehicle under
sub-section (1) shall assign to the vehicle
for display thereon in the prescribed
manner a registration mark and shall
issue, for carrying in the vehicle, a
certificate in respect of the vehicle that the
vehicle has been registered under this
section.
(3) A motor vehicle registered under this
section shall comply with all the
requirements of this Act as well as the
rules and regulations made there under
unless exempted from such compliance
under powers conferred by this Act and
shall carry a certificate of fitness issued by
such authority in such forms as may be
prescribed.
(4) If a vehicle registered under this section
ceases to be the property or under the
exclusive control of the Armed Forces, the
provisions of sections. 91, 100 and 101
shall thereupon apply.
(5) The authority registering a vehicle under
sub-section (1) shall furnish to the
Government or to the Authority all such
information regarding the general nature,
overall dimensions, construction, weight,
equipment, age and use of the vehicle as
the Government or the Authority may at
any time require.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
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may at any time require.
49. Application of Chapter IV 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.
(a) 50. Power to make 54[
regulations
(b) (1) The 55[ Authority may make
regulations] for the purpose of
carrying into effect the
provisions of this Chapter.
(c) (2) Without prejudice to
the generality of the foregoing
power, 56[ such regulations]
may provide for-
(d) (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;
(e) (b) the appointment, functions
and jurisdiction of registering
and other prescribed authorities
and authorities for the
supervision of the business of
the registering authorities;
(f) (c) the issue of certificate of
registration and the certificate of
fitness and duplicate of such
certificates to replace the
119. Application of this Chapter to trailers._
(1) The provisions of this Chapter shall apply
to the registration of trailers as they apply
to the registration of any other motor
vehicle unless due to their very nature can
have no application.
(2) The registration mark assigned to a trailer
shall be displayed in the prescribed
manner on the vehicle.
(3) No person shall drive a motor vehicle to
which a trailer is or trailers are attached
unless the registration mark of the motor
vehicle drawing the trailer or trailers is
displayed in the prescribed manner on the
trailer or on the last trailer in the train, as
the case may be.
(4) Any person who uses on a road at any
time, or causes or permits to be so used,
a trailer in contravention of this section
shall be guilty of an offence.
120. Exemptions._
The Government may by notification in the
official Gazette exempt any vehicles or
any class or description of vehicle or
person from the provision of this Chapter
subject to such conditions as it may deem
fit.
121. Power to make regulations._
(1) The Authority may make regulations for
the purpose of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generally of the
foregoing power, such regulations may
provide for
(a) the submission, conduct and hearing of
appeals, the period within which appeal
may be preferred and disposed off 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 and authorities for the
supervision of the business of such
authorities;
(c) the registration of dealers and the issue of
manufacturer's certificate;
(d) the information and the particulars to be
furnished by the seller and buyer of
vehicles;
(e) keeping and use of vehicles by the
manufacturer, dealer, importer or repairer
under a license or no license, with or
Modified
Inserted new
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
certificates lost, destroyed or
mutilated;
(g) (d) the temporary registration of
motor vehicles, and the issue of
temporary certificates of
registration and marks;
(h) (e) the manner in which
registration marks and the
particulars referred to in sub
section (2) of section 46, and
other prescribed particulars
shall be exhibited;
(i) (f) the fees to be charged for the
issue or alteration of certificate
of registration for making or
cancelling an endorsement in
respect of an agreement of hire
purchase or hypothecation on a
certificate of registration, for
certificate of fitness, for
registration marks, and for the
examination or inspection of
motor vehicles, and the refund
of such fees;
(j) (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;
(k) (h) the forms, other than those
set forth in the First Schedule,
to be used for the purposes of
this Chapter;
(l) (i) the communication between
registering authorities of
particulars of certificate of
registration and by owners of
vehicles registered outside
Bangladesh of particulars of
such vehicles and of their
registration;
(m) (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;
(n) (k) the extension of the validity
of certificate of fitness pending
consideration of applications for
their renewal;
(o) (l) the exemption from the
provisions of this Chapter, and
the condition and fees for
exemption, of motor vehicles in
the possession of dealers;
(p) (m) the exemption of road
without registration or fitness;
(f) the class and type of vehicle and trailer for
registration purposes;
(g) the procedure relating to the tender of
registration numbers, out sourcing of
vehicle registration and fitness related
functions, licensing and certification of
persons for inspection and testing,
weighing, measuring of vehicles;
(h) the deregistration of motor vehicles that
are permanently unfit or not worthy of
repair due to serious accidents, old age or
other causes or where the chassis number
thereof has been tampered with or not
traceable or illegible;
(i) the submission of application for
registration, transfer of ownership,
certificate of fitness, change of address,
alteration in motor vehicle, and the
documents, particulars, information and
evidence to accompany such applications,
and the procedures and the requirements
to be complied with, the period within
which these may be submitted and
disposed off;
(j) the grounds on which and the authority by
which the certificate of registration and the
certificate of fitness may be refused,
suspended, cancelled or varied or
restored and the procedures to be
followed in such cases and in case of
surrender of such certificates;
(k) re-registration of vehicle, retention,
reservation and transfer of registration
marks and plates, display of labels,
registration marks and plates;
(l) the inspection, testing, weighing and
measuring of motor vehicles and trailers
and the submission of reports thereof;
(m) re-building, prohibiting the re-building of
vehicle which has been declared by the
competent authority permanently in
capable of use, dangerous for use or
dangerous for public safety or a total loss
or scrap and their disposal;
(n) the alteration and modification of motor
vehicles and the procedures for
submission and approval;
(o) taking of photograph for inclusion in the
certificate of registration, or as proof of
ownership or for other use under this
Chapter;
(p) regulating the registration, the periodic
and random inspection and test of
vehicles, the frequency of such inspection
and test, the issue, refusal and renewal of
certificate of registration and the certificate
of fitness, the period of effectiveness of
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
(q)
rollers, graders and other
vehicles designed and used
solely for the construction,
repair and cleansing of roads
from all or any of the provisions
of this Chapter and the 57[
regulations] made thereunder,
and the conditions governing
such exemption; and the
conditions subject to which the
provisions of section 47 shall
apply to the classes of motor
vehicles other than transport
vehicles; and
(n) any other matter which is to
be or may be prescribed.
the certificates, and the duplicate of such
certificates, to replace the certificates lost,
destroyed or mutilated and the issue of no
objection certificate for such purposes and
the appeal that may be preferred against
any refusal or rejection;
(q) regulating the registration, keeping and
use of heavy and medium vehicles;
(r) the nature of, frequency and the
procedure for inspection and test, the type
of equipment and the system to be used
for the inspection and test, the repair,
maintenance, calibration and testing of
apparatus or equipment for inspection and
test.
(s) the use of a vehicle inspection centre and
the apparatus and equipment therein by
an authorized road transport officer or
Inspector of Motor Vehicles for random
and other inspection and test by him at a
vehicle inspection centre;
(t) regulating the licensing and registration of
persons for inspection and test of
vehicles, their qualifications and
competency and employment and issue of
test certificate;
(u) regulating the entry and exit, registration,
keeping and use of vehicles brought by
the persons resident outside for temporary
stay in Bangladesh and maintaining of
records thereof either in manual or
electronic form or by using other facilities;
(v) the temporary registration of motor
vehicles, and the issue of temporary
certificates of registration and marks;
(w) the size, shape and character of the
identification marks or the signs to be
fixed on any vehicle and the manner in
which those marks or signs are to be
secured, sealed, displayed and rendered
easily distinguishable by night or by day
and to prohibit those marks, signs and
seals from being tampered with;
(x) the manner in which registration marks
and the particulars referred to in subsection
(2) of section 116, and other
prescribed particulars shall be marked and
exhibited;
(y) the levy of tax and/or fees to be charged
or deposits to be made for the keeping or
use of a foreign vehicle in Bangladesh, or
for the issue, renewal or alteration of
certificate of registration, for re-registration
of vehicle, for making or cancelling an
endorsement in respect of an agreement
of hire purchase or hypothecation or loan
or conditional sale on a certificate of
registration, for issue and renewal of
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
certificate of fitness, change of address,
transfer of ownership, for registration
marks, or plates and for the examination
or inspection of motor vehicles, and the
refund or forfeiture of such tax or fees or
deposits, the manner in which such tax or
fees may be collected including the use of
electronic, computerized or other facilities;
(z) registration of electronic service agents,
the use of electronic service, submission,
correction of errors or amendment of any
documents, filed or submitted through the
authorized or registered electronic service
agent;
(aa) the amount and the manner in which any
fee, tax, levy, deposit and other charges
payable under this Chapter are to be fixed
and paid when any document is filed or
submitted through the authorized or
registered electronic service agent;
(bb) the exemption of prescribed persons or
prescribed classes of persons or vehicles
from payment of all or any portion of the
fees payable under this Chapter;
(cc) the forms to be used for the purposes of
this Chapter, the particulars and
information these shall contain and the
manner of filling up and submission
thereof;
(dd) the registers and records to be maintained
for the purposes of this Chapter, the
particulars and information these shall
contain and the manner how they shall be
maintained including the use of electronic,
computerized or other facilities;
(ee) the communication between registering
authorities or other authorities or officers
of particulars of license or certificate of
registration and by owners of vehicles
registered outside Bangladesh of
particulars of such vehicles and of their
registration;
(ff) the particulars to be furnished by the
owner of any motor vehicle or other
person to the registering authority, upon
the transfer of possession of the motor
vehicle under the terms of a hiring
agreement or loan agreement or
conditional sale agreement or
hypothecation agreement;
(gg) the extension of the validity of a certificate
of registration, certificate of fitness
pending consideration of applications for
their renewal or on temporary removable
of vehicle to the area of another authority;
(hh) the production of certificates of
registration, certificate of fitness or any
other certificate, before the registering
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VI
authority or other authority or officer, for
examination and the revision of entries,
particulars therein;
(ii) prohibition of registration of motor vehicles
and issue of certificate of fitness beyond a
prescribed age limit;
(jj) the exemption from the provisions of this
Chapter, and the condition and fees for
exemption, of motor vehicles in the
possession of dealers and manufacturers;
(kk) the exemption of a particular motor vehicle
or classes of motor vehicle or a particular
person or classes of persons, from all or
any of the provisions of this Chapter and
the conditions governing such
exemptions;
(ll) any other matter which is to be or may be
prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER VII : PERMIT FOR TRANSPORT VEHICLES .......................................................... 150
122. Requirement of permit._ ................................................................................................. 150
123. Persons disqualified for permit._ .................................................................................. 151
124. Carriage of goods for hire or reward._ ........................................................................ 152
125. Regional Transport Authority._ ..................................................................................... 154
126. Applications for permits._ ............................................................................................... 155
127. Considering an application for a permit._ ................................................................... 157
128. Duration of permit._ ........................................................................................................ 171
129. General conditions attaching to all permits._ ............................................................ 172
130. Suspension and cancellation of permits._ ................................................................... 174
131. Extent of validity of a permit._ ...................................................................................... 177
132. Exhibition of permit._ ...................................................................................................... 179
133. Exemption of vehicles from permit._ ........................................................................... 179
134. Seizure of vehicles without permit._ ............................................................................ 181
135. Appeals._ ............................................................................................................................ 182
136. Restriction of hours of work of workers._ ................................................................... 183
137. Voidance of contracts restrictive of liability._ ............................................................ 184
138. Agent or canvasser to obtain license._ ........................................................................ 184
139. Power to make regulations as to public service vehicles._ ..................................... 186
140. Power to make regulations._ ......................................................................................... 189
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER V
CONTROL OF TRANSPORT
VEHICLES
51. Necessity for permits
(1) No owner of transport vehicle
shall use or permit the use of
the vehicle in any public place,
save in accordance with the
conditions of a permit granted
or countersigned by a Transport
Committee authorising the use
of the vehicle in that place in
the manner in which the vehicle
is being used:
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 further 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 purpose
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 are
to be subjected to a process or
treatment in the course of a
trade or business carried on by
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER VII : PERMIT FOR TRANSPORT
VEHICLES
122. Requirement of permit._
(1) Subject to the provisions of this Chapter,
and the rules or regulation made there
under, no person shall use, or cause or
permit a transport vehicle to be used, on a
road or in a public place, unless there is in
force, in respect of the transport vehicle, a
valid permit issued under this Chapter
authorizing such use, or otherwise than in
accordance with the permit and any
conditions attached thereto:
Provided that the operator of a public
transport service, licensed under Chapter
VIII, shall be required to have either a
permission or a franchise certificate, as
the case may be, for every such vehicle,
issued in lieu of a permit, authorizing the
use of the vehicle on the road(s) or
route(s) or area specified therein, which
shall have to be displayed in the
respective vehicle, in the prescribed
manner.
(2) Any person who contravenes sub-section
(1) shall be guilty of an offence; and any
police officer in uniform or any authorized
road transport officer or other authorized
officer or person may, arrest any such
person without warrant:
Provided that a person shall not be
convicted of an offence under this subsection,
if he proves to the satisfaction of
the court that he used the motor vehicle,
the subject of the charge, in an
emergency for the purpose of conveying a
sick or injured person to hospital or to
bring medical aid to such person.
(3) Any person, who permits or lends for use
a permit or permission or a franchise
certificate or an operator’s license by
another person or vehicle, he shall be
guilty of an offence.
Proposed a
new law to
replace the
MVO 1983
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
him,
or
(c) the carriage of goods in a
transport vehicle by a
manufacturer 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 purposes of
transporting them to another
place and their relinquishing
ownership shall be deemed to
constitute a carrying of the
goods for hire or reward.
123. Persons disqualified for permit._
(1) A permit under this section shall not be
issued-
(a) to any person who is a minor; or
(b) to a person who has been previously
disqualified to hold a permit or whose
permit has been revoked; or
(c) to any person who fails to submit the
application for a permit along with such
deposits, taxes, levy, declaration, statutory
declaration, evidence, documents,
particulars and information as may be
specified by the authority concerned or
prescribed; or
(d) to any person, who fails to satisfy the
authority concerned, with proper evidence,
certificates or documents that he has
experience and ability to maintain and
operate satisfactory, safe and efficient
vehicle(s) and that he has adequate
parking, depot and garage facilities in
respect of all vehicles and trailers or semitrailers,
being operated or likely to be
operated under the permit, for the period
for which the permit is applied for grant or
renewal; or
(e) to a person who is under arrest, or in the
custody or in jail; or
(f) to a person who used a motor vehicle in
committing a criminal offence; or
(g) to the vehicle which has been used in the
commission of a criminal offence; or
(h) to any vehicle which does not comply with
such conditions as to construction, fitness
and equipment or otherwise as may be
prescribed; and
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
52. Power to the Government to
control road transport
(1) The 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 co
ordinating road and rail
transport,
and
(c) the desirability of preventing
the deterioration of the road
system,
and
(d) the desirability of preventing
uneconomic competition among
motor
vehicles,
and after having heard the
representatives of the interests
affected and having consulted
the
61
[ Authority], may by
notification in the
(i)
any permit previously issued to such
persons or vehicles shall be cancelled.
(2) Any person who contravenes this section
shall be guilty of an offence.
124. Carriage of goods for hire or reward._
In determining for the purpose 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 behalf of
the owner of goods which have been or
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 manufacturer 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 purposes
of transporting them to another place and
their relinquishing ownership shall be
deemed to constitute a carrying of the
goods for hire or reward.
Modified
Transferred to
Ch 2 section 35
official
Gazette,-
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
(i) prohibit or restrict throughout
Bangladesh or in any area or on
any route within Bangladesh,
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;
(ii) fix maximum or minimum
fares or freights for stage
carriages, contract carriages
and public carriers to be
applicable
throughout
Bangladesh or within any area
or on any route within
Bangladesh;
or
(iii) disallow the use as transport
vehicle, any vehicle or class of
vehicle manufactured prior to a
particular
year.
(2) The Government shall
permit at such intervals of time
as it may fix, the interests
affected by any notification
issued under sub section (1) to
make representations urging
the cancellation or variation of
the notification on the following
grounds,
namely:-
(a) that the railways are not
giving reasonable facilities or
are taking unfair advantage of
the action of the Government
under this section; or
(b) that conditions have
changed since the publication
of the notification; or
(c) that the special needs of a
particular industry or locality
require to be considered afresh.
(3) If the Government, after
considering any representation
made to it under sub section (2)
and having heard the
representatives of the interests
affected and the 62 [ Authority], is
satisfied that any notification
issued under sub section (1)
ought to be cancelled or varied,
it may cancel the notification or
vary it in such manner as it
thinks fit.
53. Power of Government to
issue orders and directions
Transferred to
Ch 2 section 36
The Government may issue
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
such orders and directions, as it
may consider necessary in
respect of any matter relating to
road transport or on any matter
not provided in this Ordinance,
to the Authority and the
Authority shall give effect to all
such orders and directions.
54. Transport Committees
(1) The Authority shall, by
notification in the official
Gazette, constitute Transport
Committees 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 Transport
Committee, the powers and
functions conferred by or under
this Chapter on such
Committees:
Provided that the area specified
as the region of a Transport
Committee shall in no case be
less than an entire district or the
whole of a metropolitan area.
64
[ (2) A Transport Committee
shall consist of such number of
officials and non-officials as the
Authority may think fit to
appoint:
Provided that there shall be at
least one representative from
the Road Transport Owners
Association registered under
the Trade Organisations
Ordinance, 1961 (XLV of 1961),
and another representative from
the Road Transport Workers
Union registered under the
Industrial Relations Ordinance,
1969 (XXIII of 1969), who shall
be appointed in such manner as
may be prescribed.]
(3) A Transport Committee, if
authorised in this behalf by
regulations made under section
81, may delegate such of its
powers and functions to such
authority or person and subject
to such restriction, limitations
and conditions as may be
prescribed by the said
regulations.]
125. Regional Transport Authority._
(1) Any prescribed public body or body of
persons or authority or officer who has
had experience in road transports and
road traffic matters and also as an
adjudicating authority competent to pass
any order or take any decision under any
law shall be the Regional Transport
Authority in brief RTA, for such Districts or
Metropolitan areas, or part thereof, as the
Authority may consider it necessary to
appoint by notification in the official
Gazette, to exercise and discharge
through out such areas as may be
specified in the notification, powers and
functions conferred or imposed on a
Regional Transport Authority by or in
pursuance of this Act or any rules or
regulations made there-under or as may
be necessary to control and regulate the
road transport services efficiently in the
respective areas to be called a region.
(2) A Regional Transport Authority shall in the
discharge of its functions save as
otherwise provided by or under this Act
give effect to and be guided by any
direction issued by the Government or by
the Authority.
(3) A Regional Transport Authority, if
authorized in this behalf by regulations
made under section 114, may delegate
such of its powers and functions to the
Regional Transport Officer in brief RTO
having jurisdiction over the area and
subject to such restrictions, limitations and
conditions as may be prescribed by the
said regulations.
(4) A Regional Transport Authority may from
time to time by notification in the official
Gazette fix, a limit on the maximum
number of permit for any route or area,
and the maximum number of vehicles of
any class which may be operated with
reference to their capacity, age,
manufacturer, model, dimensions, weight,
equipment, standards for fitness or any
other criteria; and there shall not be issued
any permit in excess of the number so
fixed.
(5) Any person who contravenes sub-section
(4) shall be guilty of an offence.
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
55. Road Transport Advisory
Council, etc
(1) In order to facilitate a forum of
discussion of the problems in
the road transport sector and
also for the ventilation
of grievances of the owners as
well as road transport workers,
the Government may, by
notification in the official
Gazette, constitute a Road
Transport Advisory Council for
the whole of Bangladesh and
Road Transport Advisory
Committee one for each regions
consisting of such number of
members as it thinks necessary
from the officials, transport
owners, transport workers and
other experienced persons as
65
[ shall] be specified in the
notification.
(2) The Council or the Committee
so constituted under sub
section (1), shall meet at least
once in three months unless
otherwise directed and submit
its recommendations, by the
former to the 66 [ * * *] Authority
and by the latter to the
Transport Committee, as the
case may be.
57. General provisions as to
applications for permits
(1) Every application for a permit
shall be made to the Transport
Committee of the region or in
the case of more than one
regions to the Transport
Committee in whose functional
area includes major portion of
(6) The Authority shall-
(a)
(b)
(c)
perform the duties of a Regional Transport
Authority where there is no such authority,
and if it thinks fit or if so required, perform
those duties in respect of any route or
matter common to two or more regions, or
the routes or areas subject of franchise, or
BRT service and competitive bids;
hear appeal against the decision of a
Regional Transport Authority, or officers or
to whom-power has been delegated under
the Act or any rules or regulations made
there under;
discharge such other functions as it
deems necessary or as may be prescribed
or as may be assigned by the
Government.
126. Applications for permits._
(1) An application for a permit shall be made
by the owner of such vehicle, or by an
operator, to the Regional Transport
Authority having jurisdiction over the area
or the region, where it is proposed to
operate the vehicle, and has either his
residence or place of business, or in case,
the proposed route or area extends over
Transferred to
Ch 2 section 34
Modified
7-155

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
the route where it is proposed
69
to use the vehicle [ or in
whose area the journey may
commence or terminate.]
(2) Notwithstanding anything
contained in sub-section (1), the
70
[ Authority] may, by
notification in the official
Gazette, direct that in the case
of a vehicle or a particular class
of vehicles proposed to be used
in two or more regions, or in
particular area or route, the
application under that sub
section shall be
71 [ made to it].
the jurisdiction of two or more regions, to
the Authority or to any other designated
officer or authority as may be prescribed
or notified by the Authority:
Provided that an application for a permit
relating to a public carrier or a private
carrier or a private service vehicle or a
rental vehicle, to be operated in two or
more regions, may be made to the RTA of
the area where the applicant resides or
has his place of business, if so prescribed
or notified by the Authority.
(2) A permit may be applied for, granted,
renewed or varied or refused or
countersigned or transferred by the
authority concerned, in accordance to
such procedures and on such terms and
conditions as may be prescribed or any
other conditions as it may consider fit to
impose including the conditions specified
under section 129.
(3) The authority granting, renewing or
varying or counter signing or transferring a
permit, may require the applicant to pay
any prescribed fees, taxes, levy or
deposits and to comply with any
prescribed requirements, qualifications
and experience.
(4) When an application for a permit of any
kind or for the renewal of a permit is
refused, the authority refusing it, shall give
to the applicant in writing its reasons for
such refusal.
(5) A permit other than a temporary permit
shall not be suspended or cancelled,
unless the holder of the permit is given a
notice in writing to submit his explanation.
(6) A temporary permit may be cancelled at
any time by the authority which issued it or
by the Authority or by any prescribed
authority without assigning any reasons.
(7) Every permit and the application for such
a permit or for its renewal or variation or
transfer or counter signature shall be in
such form and shall contain such
particulars as may be prescribed.
(8) Subject to the provisions of this Act, or the
rules or regulations made there under, a
permit under this Chapter shall be granted
for the purposes and for the vehicle(s)
specified in the application, or with such
variation as the authority issuing the
permit deems appropriate, and shall not
entitle the person to whom it is issued, to
operate any other vehicle, or greater
number of vehicle, or use the vehicle in
any other route, or area or time or day or
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
58. Application for stage carriage
permit
An application for a permit in
respect of service of stage
carriages or to use a particular
motor vehicle as a stage
carriage (in this Ordinance
referred to as a stage carriage
permit) shall, as far as may be,
contain the following particulars,
namely:-
(a) the routes or the areas to
which the application relates;
(b) the number of vehicles it is
proposed to operate on a route
or areas, different routes or
areas and the type and seating
capacity of each such vehicle
and also the number of vehicles
intended to be kept in reserve
to maintain the service and to
provide for special occasions;
(c) the minimum and maximum
number of daily trips proposed
to be provided in relation to
each route or area and the time
table of the normal trips;
(d) the fare table, if any, for the
different classes of passengers
for different stages in relation to
each route or area, or if there is
no such fare table, proposed
rate of fare per mile per
passenger for different classes
which it is proposed to be
charged;
(e) the weight or luggage per
passenger of the different
for the purpose not specified in the permit.
(9) The Authority may from time to time
prescribe, or by notification in the official
Gazette fix, a limit on the maximum
number of permit for any route or area,
and the maximum number of vehicles of
any class which may be operated under a
permit with reference to their capacity,
age, manufacturer, model, dimensions,
weight, equipment, standards for fitness or
any other criteria; and there shall not be
issued any permit in excess of the number
so prescribed or fixed.
(10) Any Regional Transport Authority may,
considering the volume of freight and
passenger, or to avoid uneconomic or
unhealthy competition among the
operators, in the respective jurisdiction,
with the approval of the Authority, limit the
number of permits to be granted in a
particular route or area.
127. Considering an application for a
permit._
(1) In considering an application for a permit,
the authority shall have regard to the
following matters
(a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
if the application for the permit relates to a
public service vehicle-
the interest of the public generally;
the advantages to the public of the service
to be provided including the saving of time
likely to be effected thereby and any
convenience arising from journey not
being broken;
the demand for services proposed and the
type of vehicles proposed to be used by
the applicant in providing the service;
the adequacy of other passenger transport
service operating or likely to operate in
near future, whether by road or other
means, between the places to be served;
the benefit to any particular locality or
localities likely to be effected by the
service;
the operation by the applicant or other
transport service including those in
respect of which applications for permits
are pending;
(vii) if the applicant is likely to provide a
satisfactory service to the passengers,
intending passengers or other users or
members of the public in respect of safety,
continuity, regularity of operation,
frequency, punctuality, reasonableness of
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
classes which it is proposed to
carry free of charge, and the
charge that will be made for the
carriage of excess luggage;
(f) the arrangement intended to
be made for the housing and
repair of vehicles, for the
comfort and convenience of
passengers and for the storage
and safe custody of luggage;
and specified standards of
comfort and cleanliness shall be
maintained in the vehicle
(g) such other matters as may
be prescribed.
Explanation. For the purpose
of this section, sections 60 and
69, “trip” means a single journey
from one point to another and
every journey shall be deemed
to be a separate trip.
charges and general efficiency;
(viii) any representation made by persons
already providing road transport facilities
along or near the proposed route or area
or by any association representing
persons interested in the provision of road
transport facilities recognized in this behalf
by the government;
(ix) the conditions of the roads included in the
proposed route or area; and if the
proposed route or area is other than a
franchised route or area;
(x) the conditions of the vehicle for which the
permit is desired, so as to its construction,
fitness and equipment or otherwise, as
may be fixed by the authority or
prescribed;
(xi) any representation made by local authority
or police authority within whose jurisdiction
any part of the proposed route or area lies;
and
(xii) any representation of residents from
where the service is proposed to be
operated;
(xiii) any other matter which the authority
concerned thinks relevant;
(b)
if the application for the permit relates to a
public carrier or a private carrier or a
private service vehicle
(i)
(ii)
(iii)
the matters specified under sub-clauses
(ix), (x), (xi), (xii) and (xiii) of clause (a);
the matter under sub-clause (iii) of clause
(a) also, in case of a public carrier; and
the possibility of use of the vehicle
otherwise than the purposes for which the
permit is desired.
(2) The authority concerned may, having
regard to the matters mentioned in subsection
(1), limit the number of public
service vehicles generally or of any
specified type for which permits may be
granted in the region or in any specified
route within the region or regions.
(3) Notwithstanding anything contained in this
Act, or in any other law for the time being
in force, but subject to any rules or
regulations that may be made in this
behalf under this Act or any conditions that
may be imposed, the Authority may, for
the purpose of promoting tourism, grant in
respect of tourist vehicles such number of
permits for the whole or any part of
Bangladesh as it considers necessary.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
59. Procedure of Transport
Committee in considering
application for stage carriage
permit
(1) A Transport Committee shall, in
considering an application for a
stage carriage permit, have
regard to the following matters,
namely:-
(a) the interest of the public
generally;
(b) the advantages to the public
of the service to be provided,
including the saving of time
likely to be effected thereby
and any convenience arising
from journey not being broken;
(c) the adequacy of other
passenger transport service
operating or likely to operate in
near future, whether by road or
other means, between the
places to be served;
(d) the benefit to any particular
locality or localities likely to be
effected by the service;
(e) the operation by the
applicant or other transport
service including those in
respect of which applications
for permits are pending;
(f) the conditions of the roads
included in the proposed route
or area;
(g) whether the vehicle is
roadworthy and mechanically
fit, and shall also take into
consideration any
representation made by
persons already providing by
any means along or near the
proposed route or area or by
any association representing
persons interested in the
provision of road transport
facilities recognised in this
behalf by the Government or by
local authority or police
authority within whose
jurisdiction any part of the
proposed route or area lies:
(4) All conditions being satisfied, the authority
concerned or person to whom power has
been delegated under section 17 or subsection
(3) of section 125 may grant or
renew a permit at any time if the required
vacancy exists subject to the approval on
a later date of the Authority or the
Regional Transport Authority, as the case
may be.
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
Provided that other condition
being equal, an application for
a stage carriage permit from a
co operative society registered
or deemed to have been
registered under any
enactment in force for the time
being shall, as far as may be,
given preference over
applications from individual
operators.
(2) A Transport Committee
may, having regard to the
matters mentioned in sub
section (1), limit the number of
stage carriage generally or of
any specified type for which
stage carriage permits may be
granted in the region or in any
specified route within the
region.
60. Grant of stage carriage permits
(1) Subject to the provisions of
section 59, a Transport
Committee may, on an
application made to it under
section 58, grant a stage
carriage permit in accordance
with the application or with such
notifications as it deems fit or
refuse to grant such a permit:
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
Provided that a permit granted
in a modified form shall not be
made valid for any route not
specified in the application
thereof unless the applicant and
existing operators providing
passenger transport facilities in
or near that route have been
given an opportunity of being
heard.
(2) Every stage carriage permit
shall be expressed to be valid
only for a specified route or for
a specified area.
(3) A Transport Committee, if it
decides to grant a stage
carriage permit, may grant the
permit for a service of a stage
carriage of specified description
or for one or more particular
stage carriages and may,
subject to any 72 [ regulations]
that may be made under this
Ordinance, attach to the permit
any one or more of the following
conditions,
namely:-
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
(i) that the service or services or
any specified part thereof shall
be commenced with effect from
a specified date or dates;
(ii) the minimum and maximum
of daily trips to be provided in
relation to any route or area
generally or on specified days
and
occasions;
(iii) that the copies of time table
of the service or of particular
stage carriage approved by the
Transport Committee shall be
exhibited on the vehicles and at
the bus stands and halts on the
route or within the area as the
Transport Committee may, from
time to time, specify;
(iv) that the service shall be
operated within such margins of
deviation from the approved
time table as the Transport
Committee may from time to
time
specify;
(v) that on certain routes or in a
certain areas or places
passengers or goods shall not
be taken up or set down except
at specified places specified by
the Transport Committee;
(vi) that, subject to such
exceptions of specified
occasions or at specified times
and seasons, not more than
specified number of passengers
or a specified weight of luggage
shall be carried on any
specified vehicle or any vehicle
of a specified type;
(vii) the weight and nature of
passengers' luggage that shall
be carried free of charges, the
total weight of luggage that may
be carried in relation to each
passenger and the
arrangements that shall be
made for the carriage of
luggage without causing
inconvenience to passengers;
(viii) the rate of charges that
may be levied for passengers'
luggage in excess of the free
allowances;
(ix) that vehicle of specified
types fitted with bodies
conforming to specified
specifications shall be used and
specified standards of comfort
and cleanliness shall be
maintained in the vehicle;
(x) the conditions subject to
which goods may be carried in
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
any stage carriage in addition to
the exclusion of passengers;
(xi) that a copy or extract from
the approved fare table and
particulars of any special fares
or rates of fares so approved for
particular occasions shall be
exhibited on every stage
carriage and at specified stands
and
halts;
(xii) that fares shall be charged
in accordance with the
approved fare table;
(xiii) that tickets bearing
specified particulars shall be
issued to passengers for fares
paid and that records of tickets
issued shall be kept in a
specified
manner;
(xiv) that mails shall be carried
on any of the vehicles
authorised by the permit subject
to such conditions
(including conditions as to the
time in which mails are to be
carried and the charge which
may be levied) as may be
specified;
(xv) the conditions subject to
which any vehicle covered by
the permit may be used as a
contract
carriage;
(xvi) that the conditions of the
permit shall not be departed
from save with the approval of
Transport Committee;
(xvii) that any specified bus
station or shelter maintained by
the Government or any local
authority or another transport
organisation shall be used and
that any specified rent or fee
shall be paid for its use;
(xviii) that the Transport
Committee may, after giving
notice of not less than one
month-
(a) vary conditions of the permit;
(b) attach to the permit further
conditions;
(xix) that the holder of the
permit shall, after having been
given an opportunity of being
heard, be liable on the orders of
the Transport Committee to pay
penalty not exceeding the
prescribed maximum if the
Transport Committee is
satisfied that the services are
not being maintained in
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
accordance with the permit or
are not punctual or that the
conduct of the driver or
conductor generally in their
relations with the passenger is
objectionable, or that any
conditions of the permit has
been
contravened;
(xx) that the holder of a permit
shall furnish to the Transport
Committee such periodical
returns, statistics and other
information as the 73 [ Authority]
may decide from time to time;
(xxi) that the stage carriage
shall be used in connection with
any state duty at such rate of
hire as the permit relating to the
vehicle
authorises;
(xxii) that some seats shall be
reserved for ladies in the stage
carriage;
(xxiii) that First Aid Box and fire
extinguisher of an approved
type shall be carried in the
stage
carriage;
(xxiv) that a call bell connection
between the driver and the
conductor shall be arranged in
the stage carriage;
(xxv) that the driver and the
conductor of the stage carriage
shall be cleanly dressed in the
manner specified by the
Transport Committee;
(xxvi) that no unlicensed person
to help the conductor or the
driver shall be carried in the
stage
carriage;
(xxvii) that no conductor shall
stand on the foot board or hang
on the sides of the vehicles
either when stationary or
moving;
(xxviii) that the stage carriage
shall not be used without paying
the taxes that may be levied by
any competent authority having
jurisdiction over the area;
(xxix) that the chart of approved
haltages shall be exhibited in
the stage carriage; or
(xxx) any other condition which
may be prescribed.
61. Application for contract
carriage permit
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
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
the following particulars,
namely:-
(a) the type and seating
capacity of the vehicle;
(b) the area for which the permit
is
required;
(c) in the case of a motor cab,
the fare it is proposed to
charge; and in the case of other
contract carriages, the different
maximum rate of hiring
proposed to be charged for
different journey in the area;
(d) in the case of a motor
vehicle other than a motor cab,
the manner in which it is
claimed that the public
convenience will be served by
the vehicle; and
(e) any other particulars which
may be prescribed.
62. Procedure of Transport
Committee in considering
application for contract carriage
permit
A Transport Committee shall, in
considering an application for a
contract carriage permit, have regard
to the extent to which additional
contract carriage may be necessary
or desirable in the public interest; and
shall also take into consideration any
representations which may then be
made or which may previously have
been made by persons already
holding contract carriage permits in
the region or by any local 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 and shall
satisfy itself that the vehicle to which
the application relates is roadworthy
and mechanically fit.
63. Power to restrict the
number of contract
carriages and impose
conditions on contract
carriage perm
(1) Subject to the provisions of
section 62, a Transport
Committee may, on an
application made to it under
section 61, grant a contract
carriage permit in accordance
with the applications as it
deems fit or refuse to grant
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
such
permit:
Provided that, no such permit
shall be granted in respect of
any area not specified in the
application.
(2) The Transport Committee,
if it decides to grant a contract
carriage permit may, subject
to any rules that may be
made under this Ordinance,
attach to the permit any one
or more of the following
conditions, namely:-
(i) that the vehicle or vehicles
shall be used only in a
specified route or routes;
(ii) that except in accordance
with specified conditions, no
contract of hiring, other than
an extension or modification
of a subsisting contract, may
be entered into outside the
specified
area;
(iii) the maximum number of
passengers and maximum
weight of luggage that may be
carried on any specified
vehicle or on any vehicle of a
specified type, either
generally or on specified
occasions or at specified
times and seasons and the
same is prominently marked
on the vehicle;
(iv) the conditions subject to
which goods may be carried
in any contract carriage in
addition to or to the exclusion
of
passengers;
(v) that, in the case of motor
cabs, specified fares or rates
of fares shall be charged and
a copy of the fare table shall
be exhibited on the vehicles;
(vi) that, in the case of motor
vehicle other than motor cabs,
specified rates of hiring not
exceeding the specified
maximum shall be charged;
(vii) that, in the case of motor
cabs, a specified weight or
passengers' luggage shall be
carried free of charge and that
the charge, if any for any
luggage in excess thereof
shall be at a specified rate;
(viii) that, in the case of motor
cabs, a taxi meter shall be
fitted and maintained in
proper working order, if
prescribed;
(ix) that the conditions of
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
permit shall not be departed
from save with the approval of
the
Authority;
(x) that the vehicle shall be
used in connection with any
state duty at such rate of hire
as may be permitted by the
Transport Committee;
(xi) that the driver and the
conductor (if any) of the
vehicle shall be cleanly
dressed in the manner as
may be specified by the
Transport Committee;
(xii) that the vehicle shall not
be used without valid tax
permission or without paying
fees or taxes that may be
levied by any competent
authority having jurisdiction
over the area;
(xiii) that the Transport
Committee, after giving a
notice of not less than one
month-
(a) vary the conditions of
permit;
(b) attach to the permit further
conditions;
(xiv) that the holder of the
permit shall after having been
given an opportunity of being
heard, be liable on the orders
of Transport Committee to
pay penalty not exceeding the
prescribed maximum if the
Transport Committee is
satisfied that the services are
not being maintained in
accordance with the permit or
that the vehicles are in
unsatisfactory condition, or
that the conduct of the driver
or conductor generally in his
relation with the passengers
is objectionable, or that any
condition of the permit has
been
contravened;
(xv) any other conditions
which may be prescribed.
64. Application for private
carriers permit
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
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
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 particular which
may be prescribed.
65. Conditions to be attached
and procedure to be followed
in granting private carrier’s
permit
(1) In considering an application for
a private carrier's permit made
under section 64, a Transport
Committee shall, have regard to
the condition of the road to be
used by the vehicle or vehicles
in respect of which the
application is made, and shall
satisfy itself that the vehicle to
which the application relates will
not be used otherwise than in
connection with the business of
the applicant and that the
vehicle is road worthy and
mechanically fit, it may grant a
private carrier's permit in
accordance with the application
or with such modifications as it
deems fit or refuse to grant
such a permit:
Provided that no such permit
shall be granted in respect of
any route or area not specified
in the application.
(2) A Transport Committee may
in granting private carrier's
permit impose condition to be
specified in the permit relating
to the description of goods
which may be carried, the area
in which permit shall be valid or
the maximum laden weight and
axle weights of any vehicle
used or any other condition
which may be prescribed.
(3) If the applicant is the holder
of a private carrier's permit
which has been suspended or
has been revoked, the
Transport Committee may, in its
discretion, notwithstanding
anything contained in sub
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
section (1), reject the
application.
66. 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 in the prescribed
form.
67. Procedure in considering
application for public
carrier’s permit
(1) In considering an application for
a public carrier's permit, made
under section 66, a Transport
Committee shall have regard to
the condition of the roads
included in the proposed area
or route, interest of public in
general and the advantages to
the public of the service to be
provided and shall also satisfy
itself, that the vehicles to which
the application relates is roadworthy
and mechanically fit, it
may grant a public carrier's
permit in accordance with the
application or with such
modifications as it deems fit or
refuse to grant such a permit:
Provided that, no such permit
shall be granted in respect of
any area or route not specified
in the application:
Provided further that other
conditions being equal, an
application for a public carrier's
permit from a co operative
society registered or deemed to
have been registered under any
enactment in force for the time
being shall as far as may be, be
given preference over
applications from individual
owners.
(2) If the applicant is the holder
of a public carrier's permit which
has been suspended or has
been the holder of a public
carrier's permit which has been
revoked, the Transport
Committee may, in its
discretion, notwithstanding
anything contained in sub
section (1), reject the
application.
68. Conditions to be attached to
public carrier’s permit
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
Would be
deleted, since
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
The Transport Committee shall,
in granting the permit under
section 67, impose conditions to
be specified in the permit that
the laden weight and the axle
weight of the vehicle shall not
exceed a specified maximum
and may also impose all or any
of the following conditions,
namely:-
(a) that goods or any class of
goods shall be carried at
specified
rates;
(b) that specified arrangement
shall be made for housing,
maintenance and repair of the
vehicle and the storage and
safe custody of goods carried;
(c) that the holder of the permit
shall furnish to the Transport
Committee such periodical
returns, statistics and other
information as the Government
may decide from time to time;
(d) that the Transport
Committee may, after giving
notice of not less than one
month,-
(i) vary the condition of an
existing permit, and
(ii) attach to such permit further
conditions, as it may think fit
and
necessary;
necessary
provisions have
been
incorporated in
other sections
(e) that the conditions of the
permit shall not be departed
from save with the approval of
the Transport Committee;
(f) any other prescribed
conditions appropriate to the
service to be provided by the
public carrier which the
Transport Committee thinks
proper to impose in the public
interest or with a view to
prevent uneconomic
competition between the road
transport service;
(g) that the vehicle shall be
used in connection with any
state duty on such rate of hire
as the permit relating to the
vehicles authorises;
(h) that the vehicle shall not be
used without valid tax
permission or without paying tax
or fee that may be levied by any
competent authority having
jurisdiction over the area; or
(i) any other condition as may
be prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
69. Procedure in applying for
and granting permits
(1) An application for a contract
carriage permit or a private
carrier's permit or a public
carrier's permit may be made
at any time.
(2) An application for a stage
carriage permit shall be made
not less than six weeks before
the date on which it is desired
that the permit shall take effect,
or, if the Transport Committee
appoints dates for the receipt
of such applications, on such
dates.
(3) On receipt of an application
for a stage carriage permit, the
Transport Committee shall
make the application available
for inspection at the office of
the Authority and shall publish
the application or the
substance thereof in the
prescribed manner together
with a notice of the date before
which representations in
connection therewith may be
submitted and the date, not
being less than thirty days from
such publication, on which, and
the time and place at which,
the application and any
representations received will
be
considered.
(4) No representation in
connection with an application
referred to in sub section (3)
shall be considered by the
Transport Committee unless it
is made in writing before the
appointed date and unless a
copy thereof is furnished
simultaneously to the applicant
by the person making such
representation.
(5) When any representation
such as is referred to in sub
section (3) is made, the
Transport Committee shall
dispose of the application at a
public hearing and the
applicant and the person
making the representation shall
have an opportunity of being
heard either in person or by a
duly authorised representative.
(6) When any representation
has been made by the persons
or authorities referred to in
section 62 to the effect that the
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
number of contract carriages
for which permits have already
been granted in any region or
any area within a region is
sufficient for or in excess of the
needs of the region or of such
area, whether such
representation is made in
connection with a particular
application for the grant of a
contract carriage permit or
otherwise, the Transport
Committee may take any such
steps as it considers
appropriate for the hearing of
the representation in the
presence of any persons likely
to be affected thereby.
(7) When a Transport
Committee refuses an
application for a permit of any
kind, it shall give to the
applicant in writing its reason
for the refusal.
(8) An application to vary the
conditions of any permit other
than a temporary permit by the
inclusion of new route or routes
or a new area or, in the case of
a stage carriage permit, by
increasing a number of trips
above the specified maximum
or by altering the route covered
by it, or in the case of a
contract carriage permit by
increasing the number of
vehicles covered by the permit,
shall be treated as an
application for the grant of a
new
permit:
Provided that it shall not be
necessary so to treat an
application made by holder of a
stage carriage permit who
provides the only service to
any route or in any area or
increase the frequency of the
service so provided, without
any increase in the number of
vehicle.
74
[ (9) A permit, other than a
temporary permit, shall be
issued only to the owner of a
vehicle.]
70. Duration and renewal of
permits
(1) A permit other than a temporary
permit issued under section 74
shall be effective without
renewal for a period of three
128. Duration of permit._
(1) A permit not being a temporary permit
shall subject to the provisions contained in
this Act or any rules or regulations made
there under as to the cancellation,
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
years unless otherwise
specified by the Transport
Committee in the permit.
75 [ (2) Other conditions being
equal, a permit may be
renewed with the approval of
the Chairman of the Authority or
the Transport Committee, as
the case may be, on an
application made.]
71. General conditions attaching to
all permits
(1) Save as provided in section 73, a
permit shall not be transferable
from one person to another
except with the permission of
the Transport Committee 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 any
vehicle covered by the permit
by any other vehicle of the
same nature.
(3) The following shall be
conditions of every permit:-
(a) that the vehicle or vehicles
to which the permit relates,
carry valid certificate of fitness
issued under section 47 and 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 lawful under this
Ordinance;
(c) that any prohibition or
suspension or reduction of validity, be
effective without renewal for a period not
exceeding five years to be specified in the
permit by the issuing authority.
(2) A temporary permit shall not be granted
for a period exceeding four months, and
shall not be renewable, and shall not be
granted more than once in respect of any
route or area, during the pending of an
application for the grant or renewal of a
permit.
(3) It shall be an offence for a person to drive
or cause or allow or permit to be driven on
any road or in a public place any vehicle in
contravention of any conditions of a permit
or temporary permit or with an expired or
invalid permit or temporary permit.
129. General conditions attaching to all
permits._
(1) The following shall be conditions of every
permit:
(a) that the vehicle or vehicles to which the
permit relates, carry valid certificate of
fitness issued under section 117 and are
at all times so maintained as to comply
with the requirements of Chapter X and
the rules or regulations made there under;
(b)
(c)
(d)
(e)
(f)
(g)
(h)
that the laden weight and the axle weight
of the vehicle shall not exceed the
maximum specified in the permit or in the
certificate of registration;
that any prohibition or restriction imposed
and any fares or freights fixed by
notification made under this Act are
observed in connection with any vehicle or
vehicles to which the permit relates;
that no prohibited goods, substances or
passengers shall be carried or allowed to
be carried in a vehicle to which the permit
relates;
that the vehicle or vehicles to which the
permit relates are not driven in
contravention of the speed limit lawful
under this Act;
that the provisions of this Act or any other
law for the time being in force limiting the
hours of work of drivers and other workers
are observed in connection with any
vehicle or vehicles to which the permit
relates;
that the provisions of Chapter XIX so far
as they apply to the holder of the permit
are observed;
that the vehicle to which the permit relates
shall not be used without paying the taxes
or fees that may be imposed or levied
Modified
7-172

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
restriction imposed and any
fares or freights fixed by
notification made under section
52 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 provisions of section 5 or
section 86;
(e) that the provisions of this
Ordinance limiting the hours of
work of drivers are observed in
connection with any vehicle or
vehicles to which the permit
relates;
(f) that the provisions of Chapter
IX so far as they apply to the
holder of the permit are
observed; 76 [ * * *]
(g) that there shall not be more
than one permit in respect of
any vehicle
77 [ ;
(h) that arrangements shall be
made by the employer to
provide resting place for the
workers engaged in the
vehicles providing service in the
long routes;
(i) that at least two drivers shall
be employed by the employer in
the vehicles providing service at
night or in the routes where the
driver may require to work
beyond the hours of work
specified in clause (b) of subsection
(1) of section 76A.]
under the Act or any rules or regulations
made there under, or under any other law
for the time being in force, by the
Government or by the Authority or by any
competent authority having jurisdiction
over the area or by any prescribed
authority;
(i) that there shall not be more than one
permit in respect of any vehicle;
(j) that arrangements shall be made by the
employer to provide a reserved space for
the workers engaged in the vehicles used
for long haulage or providing service in the
long routes or at the late hours of night;
(k) that there shall be employed at least a
"two-up driver" in the vehicles providing
service at night or in the routes where the
driver may require to work beyond the
hours of work specified in sub-section (1)
of section 136;
(l) that the vehicle shall not be used for the
purposes or on the route or in the area
other than that for which the permit is
granted;
(m) that specified arrangement shall be made
for the comfort and convenience of
passengers, for housing, maintenance and
repair of the vehicle and the storage and
safe custody of luggage and goods
carried;
(n) that specified standards of comfort and
cleanliness shall be maintained in the
vehicle;
(o) that some seats shall be kept reserved for
lady passengers or senior citizens or
mentally retarded children or children upto
tweve years of age or disabled or
handicapped passengers;
(p) that the vehicle shall be used in
connection with any state duty or for
providing any emergency service, on such
rate of hire as the permit relating to the
vehicles authorizes or as may be
determined by the Authority;
(q) that First Aid Box and fire extinguisher of
an approved type shall be carried in the
vehicle;
(r) that any change of address of the permit
holder shall be communicated to the
authority which issued the permit within
fourteen days of any such change;
(s) that the conditions of the permit shall not
be departed from save with the approval
of the authority which granted or renewed
the permit;
(t) that prescribed log book in respect of the
vehicle operation and maintenance shall
7-173

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
72. Cancellation and suspension of
permits
(1) The Transport Committee 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 71, or of
any condition contained in the
permit, or
(b) if the holder of the permit
uses or causes or allows a
vehicle to be used in any
manner not authorised by the
permit, or
(c) if the holder of the permit
ceases to own the vehicle or
vehicles covered by the permit,
or
(d) if the holder of the permit
has obtained the permit by
(u)
be maintained in the prescribed manner;
that a complaint book shall be maintained
in every public service vehicle in the
prescribed manner
(v) that the vehicle shall not be used or let out
for use in contravention of any conditions
of the permit or franchise or operator’s
license;
(w) that adequate arrangements shall be
made for the safe custody and return of
the left baggage or items of value to the
owner or the claiment;
(x) that the driver or the in charge or the
owner of the vehicle to which the permit
relates shall be responsible for causing
any willful or negligent damage to any
luggage or goods being carried in the
vehicle and shall be liable for paying
adequate compensation to the owner or
the claimant of such luggage or goods;
and
(y) that any prohibition or restriction imposed
in respect of display of advertising
materials under this Act or the rules or
regulations are observed by the vehicle or
vehicles to which the permit or franchise
or operator’s license relates.
(2) Whoever drives a motor vehicle or causes
or allows a motor vehicle to be used or let
out a motor vehicle for use in
contravention of any conditions of the
permit or franchise or operator’s license
shall be guilty of an offence.
130. Suspension and cancellation of
permits._
(1) Subject to sub-section (2), a permit under
this Chapter may at any time be
suspended or cancelled or restored or
such a permit holder may be disqualified,
by the Authority or the authority which
granted the permit or by such other officer
or authority or person as may be
authorized or prescribed, if any permit
holder, -
(a) contravenes or fails to comply with, or fails
to secure the compliance by its
employees, agents or contractors with the
provisions of this Act or any rules or
regulations made there under or with any
of the conditions of its permit;
(b) in the opinion of the Authority or the
authority which granted the permit or other
prescribed authority or officer, fails or is
likely to fail to provide and maintain an
adequate, safe and satisfactory service;
(c) by reasons of his performance or conduct,
or the manner in which the services are
Modified
7-174

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
fraud or misrepresentation, or
(e) if the holder of the permit,
not being a private carrier's
permit, fails without reasonable
cause to use the vehicle or
vehicles for the purposes for
which the permit was granted,
or
(f) if the holder of the permit
acquires the citizenship of any
foreign country, or
(g) if the vehicle to which permit
relates had bad record of
accidents or if the accident was
due to the use of defective
vehicle:
Provided that no permit shall be
cancelled unless an opportunity
has been given to the holder of
the permit to submit his
explanation.
(2) The Transport Committee
which granted a permit may,
after giving the holder thereof
an opportunity to furnish his
explanation, reduce either
permanently or for such period
as it thinks fit the number of
vehicle or the route or area
covered by the permit on any of
the grounds mentioned in sub
section (1).
(3) The Transport Committee
may exercise the powers
conferred on it under sub
sections (1) and (2) in relation
to a permit granted by any
authority or person to whom
power in this behalf has been
delegated under sub section (5)
of section 54 if the said permit
was a permit granted by the
Transport Committee.
(4) Where a Transport
Committee cancels or suspends
a permit or reduces the number
of vehicles or the routes or area
covered by a permit, it shall give
to the holder in writing its
reasons for the action taken.
(5) The powers exercisable
under sub section (1) or sub
section (2) (other than the
powers to cancel a permit) by
provided, vehicles are being maintained or
used, he is not a fit and proper person to
hold such a permit;
(d) ceases to own the vehicle or vehicles
covered by the permit; or
(e) obtains the permit by fraud or
misrepresentation; or
(f) acquires the citizenship of any foreign
country; or
(g) if the vehicle to which permit relates-
(i) have had bad record of accidents; or
(ii) caused any fatal accident due to any
defects in it; or
(iii) has been used in the commission of a
criminal offence;
The Authority or the authority which
granted the permit may, after giving an
opportunity to the holder of the permit to
submit his explanation, if satisfied, by
notice in writing and without any
compensation, do all or any of the
following:
(i) suspend or cancel the permit or disqualify
the holder thereof;
(ii) forfeit the whole or any part of any security
deposited with the Authority or with the
authority which granted the permit, by the
permit holder or by its bank pursuant to a
bank guarantee;
(iii) require the permit holder to pay, within a
specified period not exceeding one month,
a financial penalty not less than fifty units
and not more than five hundred units as
provided under sub-section (2) of section
353, as the Authority or the authority
which granted the permit thinks fit;
(iv) reduce either permanently or for such
period as it thinks fit the number of vehicle
or the route or area covered by the permit.
(2) The Authority or the authority which
granted the permit shall not impose any
financial penalty under sub-clause (iii) of
sub-section (1) on any permit holder by
reasons only that under sub-clause (b) of
said sub-section (1).
(3) The officer or authority or person as may
be authorized or prescribed under subsection
(1) shall not pass an order
suspending the permit for a period
exceeding one month or reducing the
period thereof by more than one month;
and any such order shall be placed within
the said period of one month before the
authority which granted the permit, who
may vacate the order or extend the said
7-175

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
the Transport Committee which
granted the permit may be
exercised by any authority or
persons to whom such powers
have been delegated under sub
section (5) of section 54:
period of one month where it has not
expired or cancel the permit.
Provided that,-
(i) no such authority or person
shall pass an order suspending
the permit for a period
exceeding one month or
reducing the period thereof by
more than one month; and
(ii) any such order shall be
placed within the said period of
one month before the Transport
Committee who may vacate the
order or extend the said period
of one month where it has not
expired or cancel the permit.
73. Transfer of permit on death of
holder
(1) Where the holder of a permit dies,
the person succeeding to the
ownership of the vehicles
covered by the permit may, for
a period of three months, use
the permit as if it had been
granted to himself:
Would be
deleted, since
necessary
provisions have
been
incorporated in
other sections
Provided that such person has,
within thirty days of the death of
the holder, informed the
Transport Committee which
granted the permit of the death
of the holder and of his own
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 Committee
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 ownership of
the vehicles covered by the
permit.
74. Temporary permits
Any Transport Committee or other
prescribed authority may
Would be
deleted, since
necessary
7-176

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
without following the procedure
laid down in section 69, grant
permits, to be effective for a
limited period not in any case to
exceed four months, to
authorise the use of a transport
vehicle temporarily-
provisions have
been
incorporated in
other sections
(a) for the conveyance of
passengers on special
occasions such as to and from
fairs and religious gatherings, or
(b) for the purposes of a
seasonal business, or
(c) to meet a particular
temporary need, or
(d) pending decision on an
application for a permit;
and may attach to any such
permit any condition it thinks fit:
Provided that a temporary
permit under this section shall,
in no case, be granted in
respect of any route or area
specified in an application for
the grant of a new permit under
section 58, or section 61 or
section 66 during the pendency
of the application:
Provided further that a
temporary permit under this
section shall, in no case, be
granted more than once in
respect of any route or area
specified in an application for
the renewal of a permit during
the pendency of such
application for renewal.
75. Validation of permits for use
outside region in which
granted
(1) Except as may be otherwise
prescribed, a permit not being a
private carrier's permit or a
public carrier's permit granted
by the Transport Committee of
any one region shall not be
valid in any other region, unless
the permit has been
countersigned by the Transport
Committee of that other region.
(2) Notwithstanding anything
contained in sub section (1), a
permit granted by the 78 [ * * *]
131. Extent of validity of a permit._
(1) Except as may be otherwise prescribed, a
permit not being a private or a public
carrier's permit, or a private service
vehicle permit, or a rental vehicle permit,
shall be valid only in the route or area of
the region in which granted as may be
specified in the permit:
Provided that every stage carriage permit
shall be expressed to be valid only for a
specified route or area or service.
(2) A private or a public carrier's permit or a
private service vehicle permit, or a rental
vehicle permit, shall be valid in such
routes and such areas as may be
Modified
7-177

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
Authority shall be valid in the
whole country or in such region
or regions or areas or routes as
may be specified in the permit.
(3) A Transport Committee
when countersigning the permit
may attach to the permit any
condition which it might have
imposed if it had granted the
permit, and may likewise vary
any condition attached to the
permit by the Authority by which
the permit was granted.
(4) The provisions of this
Chapter relating to the grant,
revocation and suspension of
permits shall apply to the grant,
revocation and suspension of
countersignatures of permits.
(5) Notwithstanding anything
contained in sub section (1), a
Transport Committee of one
region may issue a temporary
permit under clause (a) or
clause (c) of section 74 to be
valid in another region with the
concurrence, given generally or
for the particular occasion, of
the Transport Committee of that
other region, as the case may
be.
(6) Notwithstanding anything
contained in sub section (1) but
subject to any 79 [ regulations]
that may be made under this
80
Ordinance, the [ * * *]
Authority may, for the purpose
of promoting tourism, grant in
respect of tourist vehicles such
number of permits for the whole
or any part of Bangladesh and
the provisions of sections 61,
62, 63, 69, 70, 71, 72, 73 and
76 shall, as far as may be,
apply in relation to such
permits.
(7) The following shall be the
conditions of every permit
granted under sub-section (6),
namely:-
specified by the issuing authority.
(3) Notwithstanding anything contained in
sub-section (1), RTA of one region may
issue a temporary permit to be valid in
another region, for a period not exceeding
one month, to meet a particular temporary
need, or for particular occasions, as may
be prescribed.
(4) A permit granted by the Authority shall be
valid in the whole country or such region
or areas or routes as may be specified in
the permit.
(5) The Authority may by regulations
prescribe the conditions subject which and
the extent to which, a permit granted in
one region or area may be valid in another
region or area or route with or without
counter signature.
(i) every motor vehicle in
respect of which such permit is
granted shall conform to such
description, requirement
regarding the seating capacity,
standard of comforts, fitness,
amenities and other matters as
the Government may specify in
this
behalf;
(ii) the provision by the permit
holder of insurance covering the
7-178

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
risk of the personal effects of
the tourist in transit;
(iii) every such motor vehicle
shall be driven by a person
having such qualifications and
satisfying such conditions as
may be prescribed; and
(iv) such other conditions as
may be prescribed.
Section 51
(3) Sub section (1) shall not apply-
(a) to any transport vehicle
owned by or on behalf of the
Government other than the
vehicles used for Government
purposes connected with any
commercial enterprises;
(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;
(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
prescribed in this behalf ;
132. Exhibition of permit._
(1) The permit or its main features shall be
exhibited on the vehicle concerned in the
manner prescribed; and no person shall
alter, deface, mutilate or add any thing by
writing or in any other way to any permit or
permission or franchise certificate or
operator’s license and nor shall exhibit any
such document as aforesaid on any motor
vehicle or produce any such document to
any authority or officer for any purpose or
use any fictitious permit or permission or
franchise certificate or operator’s license.
(2) Any person who contravenes subsection
(1) shall be guilty of an offence.
133. Exemption of vehicles from permit._
(1) Sub-section (1) of section 122 shall not
apply to any of the following vehicles
(a) to any transport vehicle owned by or on
behalf of the Government other than the
vehicles used for Government purposes
connected with any commercial
enterprises;
(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 the
purposes of Police including Rapid Action
Battalion, Border Guards of Bangladesh,
or such other law enforcing agencies, or
the Fire Brigade;
(d) to any transport vehicle used solely for the
conveyance of 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 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
Authority may, by notification in the official
Gazette, specify in this behalf,
(g) to any school bus, educational institution
Inserted new
Modified
7-179

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
(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 58 [ Authority]
may, by notification in the
official Gazette, specify in this
behalf ;
(h) to any transport vehicle
owned by, and used solely for
the purposes of, any
educational institution which is
recognised by the Government
or whose managing committee
is a society registered under the
Societies Registration Act, 1860
(XXI of 1860);
(i) to any goods vehicle which is
a light motor vehicle and does
not ply for hire or reward, or not
used for any
commercial purposes or to any
two wheeled trailer with a
registered laden weight not
exceeding 2,240 pounds
avoirdupois drawn by a motor
car;
(j) to any transport vehicle
which has been temporarily
registered under section 36,
while proceeding empty to any
place for the purpose of
registration of the vehicle under
section 34;
(k) to any transport vehicle
which, owing to any natural
calamity, is required to be
diverted through any other
route, whether within or outside
a region with a view to enabling
it to reach its destination; or
(l) to any transport vehicle used
for such purposes other than
plying for hire or reward or used
for any commercial purposes as
the
59 [ Authority] may, by
notification in the official
Gazette, specify.
bus, or any transport vehicle owned by,
and used solely for the purposes of, any
educational institution which is recognized
by the Government or by the Authority or
whose managing committee is a society
registered under the Societies Registration
Act 1860 (XXI of 1860);
(h) to any vehicle used as a mobile library or
mobile dispensary or for ambulance
purposes;
(i) to a delivery vehicle, a dual purpose
vehicle, any passenger vehicle and any
goods vehicle the registered laden weight
of which does not exceed 3500 kilograms
or the seating capacity of which does not
exceed 15 persons excluding the driver,
as the case may be, and does not ply for
hire or reward, or not used for any
commercial purposes or to a caravan, or
any two wheeled trailer with a registered
laden weight not exceeding 1000
kilograms drawn by a motor car or a
power tiller;
(j) to any transport vehicle which has been
temporarily registered under section 105,
while proceeding empty to any place for
the purpose of registration of the vehicle
under section 101; or
(k) any transport vehicle carrying emergency
supplies for the people affected due to any
natural calamity or which owing to any
natural calamity, is required to the diverted
through any other route, whether within or
outside a region with a view to enabling it
to reach its destination; or
(l) to any transport vehicle used for such
purposes other than plying for hire or
reward or used for any commercial
purposes, as the Authority may, by
notification in the official Gazette, specify;
or
(m) to any transport vehicle used for any other
public purpose prescribed in this behalf.
(2) Subject to the provisions of sub section
(1), if the Authority by regulations made
under section 139 so prescribe, subsection
(1) of section 122 shall, apply to
any motor vehicle adopted to carry more
than eight persons excluding the driver.
(4) Subject to the provisions of
sub section (3), sub section (1)
shall, if the
60 [ Authority by
regulations] made under section
7-180

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
81 so prescribed, apply to any
motor vehicle adopted to carry
more than eight persons
excluding the driver.
134. Seizure of vehicles without permit._
(1) If, there is reasonable cause to suspect,
that there is or there has been, committed
any offence in respect of any vehicle
under sub-section (1) of section 122, such
vehicle may be seized by any police
officer of or above the rank of a Subinspector
of Police or a Police Sergeant or
by any road transport officer of or above
the rank of an Inspector of Motor Vehicles,
or any other officer or person authorized
in this behalf by the Authority, and may
also arrest without warrant any person
who has committed or whom he
reasonably suspects to have committed
an offence under this section.
(2) When any vehicle has been seized or any
person arrested under sub-section (1), the
officer or the person acting under that sub-
section-
(a) may, in his discretion, temporarily return
the vehicle to its owner on security being
furnished to the satisfaction of the officer
acting under that sub-section, that the
vehicle shall be surrendered to him on
demand; or
(b) if, the circumstances so require, take or
cause to be taken any steps he may
consider proper for the safe custody of the
vehicle or to take it to the nearest Police
station; or
(c) shall, after making such investigations as
are necessary for the purposes of this Act,
if there be no prosecution with regard to
the vehicle seized, that vehicle shall be
released and returned to its owner soon,
but before expiration of one month from
the date of seizure of such vehicle; or
(d) shall, in respect of arrest of a person take
steps in accordance to the Code of
Criminal Procedure, 1898 (Act V of 1898).
(3) Where it is proved to the satisfaction of a
court before which the prosecution has
been held, that a vehicle seized under
sub-section (1) has been used in the
commission of an offence under this
section, the court may, make an order for
the confiscation of the vehicle,
notwithstanding that no person may have
been convicted of an offence.
(4) A vehicle confiscated under this section
may be sold in public auction, on the
terms and conditions, as may be specified
by order, made in this behalf, either by the
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
Government or by the Authority.
76. Appeals
(1) Any person-
(a) aggrieved by the refusal of
the Transport Committee to
grant a permit, or by any
condition attached to a permit
granted to him, or
(b) aggrieved by the revocation
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, or
(d) aggrieved by the refusal of
the Transport Committee to
countersign a permit, or by any
condition attached to such
countersignature, or
(e) aggrieved by the refusal of
renewal of 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 bolder of a
license, who is aggrieved by the
refusal of a Transport
Committee to grant an
authorisation to drive a public
service vehicles, or a transport
vehicle, or
(h) aggrieved by the refusal to
grant permission under sub
section (1) or sub section (2) of
section 71, or
(i) aggrieved by a reduction
under sub section (2) of section
72 in the number of vehicles or
routes or area covered by
permit, or
81 [ (j) aggrieved by any other
order which may be prescribed
may, appeal to such authority
135. Appeals._
(1) Any person-
(a) aggrieved by the refusal of the Authority or
the Regional Transport Authority or other
prescribed authority to grant a permit or by
any condition attached to a permit granted
to him, or
(b) aggrieved by the revocation or suspension
of the permit or by the reduction of validity
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, or
(d) aggrieved by the refusal of the Regional
Transport Authority to countersign a
permit, or by any condition attached to
such countersignature, or
(e) aggrieved by the refusal of renewal of a
permit, or
(f) being a local authority or police authority
or local resident 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 vocational license,
who is aggrieved by the refusal of a
Regional Transport Authority to grant an
authorization to drive a public service
vehicles, or any other transport vehicle, or
to act as a conductor or other worker of
such vehicle; or
(h) aggrieved by any other order issued under
the provisions of this Chapter or in
pursuance of any rules or regulations
made thereunder;
may appeal to the authority specified
under sub-section (1) or (2) of section 43
as appropriate, within such time and in
such manner as may be prescribed.
(2) The appellate authority shall, before
disposing of the appeal, give the appellant
and the original authority an opportunity of
being heard and may pass such order as it
deems fit, which shall be binding upon the
original authority and the appellant.
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
within such time and in such
manner as may be prescribed
by rules made by the
Government, and such authority
shall, before disposing of such
appeal, give such person and
the original authority an
opportunity of being heard.]
82 [ (2) The authority prescribed
under sub section (1) for the
purpose of hearing appeals
may, either on its own motion or
on application made to it call for
the record of any case in which
an order has been made by the
Authority or a Committee, as
the case may be, and may pass
such order in relation to the
case as it deems fit:
Provided that, the authority
prescribed under sub section
(1) shall not pass an order
under this section prejudicial to
any person without giving him a
reasonable opportunity of being
heard.]
77. Restriction of hours of work of
workers
[Restriction of hours of work of
drivers.- Omitted by section 28
of the Motor Vehicles
(Amendment) Act, 1988 (Act
No. XXVII of 1988).]
136. Restriction of hours of work of
workers._
(1) No person shall work or shall cause or
allow any person who is employed by him
for the purpose of driving of a transport
vehicle or acting as conductor or helpercum-cleaner
or other worker of such
vehicle or who is subject to his control for
such purpose to work-
(a) for more than five hours before he has had
an interval of rest of at least half an hour;
or
(b) for more than eight hours in one day; or
(c) for more than forty-eight in the week.
(2) The Authority may by regulation made
under section 139 grant such exemptions
from the provisions of sub-section (1) as it
thinks fit, to meet cases of emergency or
of delays by reason of circumstances
which could not be foreseen.
(3) The Authority by regulations made under
section 139, may require persons
employing any person whose work is
subject to any of the provisions of subsection
(l) to fix beforehand the hours of
work of such persons so as to conform to
those provisions, and may provide for the
recording of the hours so fixed.
(4) No person shall work or shall cause or
allow any other person to work outside the
Restored
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
78. Voidance of contracts
restrictive of liability
Any contract for the conveyance of a
passenger in a stage carriage
or contract carriage, in respect
of which a permit has been
issued under this Chapter,
shall, so far as it purports to
negative or restrict the liability of
any person in respect of any
claim made against that person
in respect of the death of, or
bodily injury to, the passenger
while 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.
hours fixed or recorded for the work of
such persons in compliance with any
regulations made under sub-section (3).
(5) The Authority may prescribe the
circumstances under which any period
during which the driver or conductor or
other worker of a vehicle although not
engaged in work is required to remain on
or near the vehicle may be deemed to be
an interval for rest within the meaning of
sub-section (I).
(6) Any person who without just cause or
excuse or unless exempted contravenes
sub-sections (1) or (4) shall be guilty of an
offence.
137. Voidance of contracts restrictive of
liability._
Any contract for the conveyance of a
passenger in a public service vehicle in
respect of which a permit has been issued
under this Chapter, shall so far as it
purports to negative or restrict the liability
of any person in respect of any claim
made against that person in respect of the
death of, or bodily injury to, the passenger
while 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.
79. Agent or canvasser to obtain
license
(1) No person shall engage himself-
(a) as an agent or canvasser in the
sale of tickets for travel by
public service vehicles or
otherwise solicit customers for
such vehicle; or
(b) as an agent in the business
of collecting, forwarding or
distributing goods carried by
public carrier's unless he has
obtained a license from such
authority and subject to such
conditions as may be
prescribed 84 [ * * * ].
(2) The conditions referred to in
sub section (1) may, include all
or any of the following matters,
138. Agent or canvasser to obtain license._
(1) No person shall engage himself-
(a) as an agent or canvasser in the sale of
tickets for travel by public service vehicles
or otherwise solicit customers for such
vehicle; or
(b) an agent for the transaction of any
business with the Authority or the
Regional Transport Authority or the
registering authority or the licensing
authority or any other officer or authority or
any prescribed authority on behalf of any
other person; or
(c) as an agent in the business of collecting,
forwarding or distributing goods carried by
public carrier's;
unless he has obtained a license from
such authority and subject to such
conditions as may be prescribed.
(2) The conditions referred to in sub-section
(1) may, include all or any of the following
matters, namely:-
Modified by
amalgamation
of sec 79 and
153 of the Ord.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
namely:-
(a) the period for which a
license may be granted or
renewed;
(b) the fee payable for the issue
or renewal of the license;
(c) the deposit of security,
(i) of a sum not exceeding 85 [
Taka seven thousand and five
hundred] in the case of an
agent in the business of
collecting, forwarding or
distributing goods carried by
public carriers;
(a) the period for which a license may be
granted or renewed;
(b) the fee payable for the issue or renewal of
the license;
(c) the deposit of security and the
circumstances under which the security
may be forfeited;
(d) the provision by the agent for insurance of
goods in transit;
(e) the authority by which and circumstances
under which the license may be suspend
or revoked; and
(f) such other conditions as may be
prescribed.
(3) Whoever engages himself as an agent or
canvasser in contravention of the
provisions of this section or any
regulations made thereunder shall be
guilty of an offence.
(ii) of a sum not exceeding [
Taka one thousand seven
hundred and fifty] in the case of
other agent or canvasser;
86
and the circumstances under
which the security may be
forfeited;
(d) the provision by the agent
for insurance of goods in transit;
(e) the authority by which and
circumstances under which the
license may be suspended or
revoked;
(f) such other conditions as may
be prescribed
87 [ * * * ]
153. Agents and canvassers
without proper authority
To be deleted
Whoever engages himself as an
agent or canvasser in
contravention of the provisions
of section 79 or any 152 [
regulations] made thereunder,
shall be punishable for first
offence with fine which may
extend to one thousand Taka
and for any second or
subsequent offence with
imprisonment which may extend
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
to 153 [ six months],
154 [ or with
fine which may extend to two
thousand Taka] or with both.
80. Power to make 88 [ regulations]
as to stage carriages and
contract carriages
(1) The 89 [ Authority may make
regulations], to regulate, in
respect of stage carriages and
contract carriages, -
(a) the conduct of passengers
in such vehicles.
(2) Without prejudice to the
generality of the foregoing
provision, such
90 [ regulations]
may-
(a) authorise the removal from
such vehicle of any person in
fringing the rules by the driver
or conductor of the vehicle, or
on the request of the driver or
conductor, or any passenger by
any police officer;
(b) require a passenger who is
reasonably suspended 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
person authorised by the owner
of the vehicle, production during
the journey and surrender at the
end of the journey by the holder
thereof of any ticket issued to
him;
(e) require a passenger, if so
requested by the driver or
conductor, to leave the vehicle
on the completion of the journey
the fare for which he has paid;
139. Power to make regulations as to public
service vehicles._
(1) The Authority may make such regulations
as it may consider expedient for
prescribing anything which may be
prescribed and otherwise for the purpose
of carrying into effect or to supplement the
provisions in respect of or to regulate
public service vehicles includes a bus and
taxi service and a rental car service under
Chapter VIII.
(2) Without prejudice to the generality of the
foregoing power, regulations under this
section may be made with respect to all or
any of the following matters, namely:-
(a) the conduct of driver, conductor, inspector
and other employees, their qualifications,
duties and responsibilities and terms of
employment in such vehicles;
(b) the conduct of passengers in such
vehicles;
(c) authorize the removal from such vehicle of
any person infringing the rules by the
driver or conductor of the vehicle, or on
the request of the driver or conductor, or
any passenger by any police officer;
(d) 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;
(e) 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 therefore;
(f) require, on demand being made for the
purpose by the driver or conductor or
other person authorized by the owner or
operator of the vehicle, production during
the journey and surrender at the end of
the journey by the holder thereof of any
ticket issued to him;
(g) require a passenger, if so requested by
the driver or conductor, to leave the
vehicle on the completion of the journey
the fare for which he has paid;
(h) require the surrender by the holder thereof
on the expiry of the period for which it is
issued of a ticket issued to him;
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
(f) require the surrender by the
holder thereof on the expiry of
the period for which it is issued
of a ticket issued to him;
(g) require a passenger to
abstain from doing anything
which is likely to obstruct or
interfere with the working of the
vehicle or to cause damage to
any part of the vehicle or its
equipment or to cause injury or
discomfort to any other
passenger;
(h) require a passenger not to
smoke in any public service
vehicle or in any vehicle on
which a notice prohibiting
smoking is exhibited;
(i) require the maintenance of
complaint books in stage
carriages and prescribe the
conditions under which
passengers can record any
complaints in the same.
(i) require a passenger to abstain from doing
anything which is likely to obstruct or
interfere with the working of the vehicle or
to cause damage to any part of the vehicle
or its equipment or to cause injury or
discomfort to any other passenger;
(j) require a passenger not to smoke in any
public service vehicle or in any vehicle on
which a notice prohibiting smoking is
exhibited;
(k) require the owner or operator to comply
with prescribed requirements;
(l) require the owner or operator to provide
and maintain waiting rooms, shelters,
stands with weather protection, safety and
security;
(m) require the driver, conductor or other
employee or worker to wear prescribed
uniform or badges and to comply with
prescribed requirements;
(n) require the facilities to be provided for the
ladies, children, senior citizens, students,
disabled and other handicapped or
disadvantaged persons in a public service
vehicle;
(o) require the maintenance of complaint
books in stage carriages and contract
carriages including bus service, taxi cabs,
rental cars and prescribe the conditions
under which passengers or other
authorized persons can record any
complaints in the same;
(p) the documents, plates and marks to be
carried by public service vehicles, the
manner in which they are to be carried
and the languages in which any such
documents are to be expressed and the
fees to be paid in respect of such
documents, plates and marks;
(q) the construction and fittings of, and the
equipment to be carried by public service
vehicle, whether generally or in specified
route or areas;
(r) the determination of the number of
passengers a public service vehicle is
adapted to carry and the number which
may be carried;
(s) the setting of quality of service standards
of the stage carriages, taxi-cabs, bus
service (includes BRT service) and such
other public service vehicles;
(t) the laying down of operational standards
and efficiency parameters for the
operators of public service vehicles
including BRT service, taxi-cabs and
rental cars operators;
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
(u)
conditions subject to which a stage
carriage may be used as contract
carriage;
(v) the conditions subject to which goods may
be carried on a public service vehicle
partly or wholly in lieu of passengers;
(w) the safe custody and disposal of property
left in a public service vehicle including
BRT service, taxi-cabs and rental cars;
(x) regulating the painting or marking of
public service vehicles and the display of
advertising matters thereon, and in
particular, prohibiting the painting or
marking of public service vehicles in such
color or manner as to induce any person
to believe that the vehicles is used for the
transport of mails, news papers and such
other things;
(y) the conveyance in a public service vehicle
of corpses or persons suffering from any
infectious or contagious disease or goods
likely to cause discomfort or injury to
passengers and the infection and
disinfection of such carriages, if used for
such purposes;
(z) the provision of taxi-meters on taxi cabs
requiring approval or standard types of
taxi-meters to be used and examining,
testing and sealing taxi-meters;
(aa) prohibiting the picking up or setting down
of passengers by stage or contract
carriages including bus and taxi service 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 include BRT service 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;
(bb) prohibiting the carrying of dangerous
substances or unauthorized goods or fish
or poultry or live stock in a public service
vehicle and carrying of goods or luggage
in a manner causing danger or
inconvenience to the passengers of such
vehicles;
(cc) requirements regarding seating capacity,
standard of comforts, fitness, amenities to
be provided in a tourist vehicle, condition
of use of such vehicle, conduct of driver,
conductor and other employees, their
qualification, duties and responsibilities,
and conditions and terms of employment
in such vehicles, insurance by the permit
holder covering the risk of the personal
effects of the tourist in transit;
(dd) requiring the owners or operators of public
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
81. Power to make 91 [
regulations] for the purpose
of this Chapter
(1) The 92 [ Authority may make
regulations] for the purpose of
carrying into effect the
provisions of this Chapter.
(2) Without prejudice to the
generality of the foregoing
power, 93 [ regulations] under
this section may be made with
respect to all or any of the
following matters, namely:-
(a) the period of appointment
and the terms of appointment of
and the conduct of business by
94 [ Transport Committee] and
the reports to be furnished by
them;
(b) the conduct of business by
any such
95 [ Committee] in the
absence of any member
(including the Chairman
thereof) and the nature of
service vehicles to notify any change of
address and to notify or report the failure
of or damage to any vehicle used for the
conveyance of passengers or freight for
hire or reward;
(ee) requiring the person in charge of a stage
carriage, bus service include BRT service
and taxi cab service to carry any person
tendering the legal or customary fare;
(ff) 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
customers for such vehicles;
(gg) the regulation of the conduct of operators
including fleet operators of public service
vehicles;
(hh) the issuance of season ticket, travel
concession, free travel to a particular
passenger or particular class of passenger
or person;
(ii) the hours of duty of drivers of public
service vehicles and the conditions of
service of such drivers and other workers;
(jj) the procedure for competitive bidding in
granting permit relating to a public service
vehicle;
(kk) any other matter which is to be or may be
prescribed
140. Power to make regulations._
(1) The Authority may make such regulations
as it may consider expedient for
prescribing anything which may be
prescribed under this Chapter, and
otherwise for the purpose of carrying into
effect or to supplement the provisions of
this Chapter.
(2) Without prejudice to the generality of the
foregoing power, regulations under this
Chapter may be made with respect to all
or any of the following matters, namely:-
(a) the period of appointment and the terms of
appointment and the conduct of business
by the Regional Transport Authority or
other prescribed authority or officers and
the reports and returns to be furnished by
them;
(b) the conduct of business by any Regional
Transport Authority and the nature of
business which, the circumstances under
which and the manner in which, business
could be so conducted;
(c) 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; and the
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
business which, the
circumstances under which and
the manner in which, business
could be so conducted;
(c) 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;
(d) the forms to be used for the
purposes of this Chapter,
including the forms of permits;
(e) the manner in which, and
the time within which, every
application for a stage carriage
permit shall be published, as
required by sub section (3) of
section 69, and the
circumstances under which and
the fees on payment of which,
copies of such applications may
be granted;
(f) the issue of copies of permits
in place of permits lost or
destroyed or mutilated or
defaced;
(g) 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;
(h) the fees to be paid in
respect of permit, duplicate
permits and plates;
(i) the exemption of prescribed
persons or prescribed classes
of persons from payment of all
or any portion of the fees
payable under this Chapter;
(j) the custody, production and
cancellation on revocation, or
expiration of permits and the
return of permits which have
become void or have been
revoked;
(k) the conditions subject to
which, and the extent to which,
a permit granted in one region
shall be valid in another region
authorities to whom, the time within which
and the manner in which appeals may be
made;
(d) the forms to be used for the purposes of
this Chapter, including the forms of
permits;
(e) the classification of permit and the class
and the type of vehicle for the purposes of
permit;
(f) the information and evidence to
accompany the applications for permit;
(g) the period for which a permit including a
temporary permit may remain in force and
the area or the route for which it may be
valid;
(h) the grounds on which and the authority by
which a permit may be cancelled
suspended or varied or refused or
number of vehicle in the permit reduced
and the procedures to be followed in all
such cases and in case of restoration of
the permit;
(i) the exemption of vehicle or classes of
vehicles or person or classes of persons
from all or any of the provisions of this
Chapter and the conditions governing
such exemptions;
(j) the issue of copies of permit in place of
permits lost or destroyed or mutilated or
defaced;
(k) 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;
(l) the fees to be paid in respect of permit,
duplicate permits and plates;
(m) the exemption of prescribed persons or
prescribed classes of persons from
payment of all or any portion of the fees
payable under this Chapter;
(n) the custody, production and cancellation
on revocation, or expiration of permits and
the return of permits which have become
void or have been revoked;
(o) the establishment of independent
regulatory authorities at the national and
regional level includes a district or a
metropolitan area, the functions of such
authorities to promote the oderly growth of
public transports;
(p) regulating the painting or marking of
transport vehicles and the display of
advertising matters thereon, and in
particular, prohibiting the painting or
marking of transport vehicles in such
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VII
without countersignature;
(l) the authorities to whom, the
time within which and the
manner in which appeals may
be made;
(m) the construction and fittings
of, and the equipment to be
carried by stage and contract
carriages, whether generally or
in specified areas;
(n) the determination of the
number of passengers a stage
or contract carriage is adapted
to carry and the number which
may be carried;
(o) the conditions subject to
which goods may be carried on
stage and contract carriages
partly or wholly in lieu of
passengers;
(p) the safe custody and
disposal of property left in a
stage or contract carriage;
(q) regulating the painting or
marking of transport vehicles
and the display of advertising
matters 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;
(r) the conveyance in stage or
contract carriages of corpses or
persons suffering from any
infections or contagious disease
or goods likely to cause
discomfort or injury to
passengers and the infection
and disinfection of such
carriages, if used for such
purposes;
(s) the provision of taxi meters
on motor cabs requiring
approval or standard types of
taxi meters to be used and
examining, testing and sealing
taxi meters;
(t) prohibiting the picking up or
setting down of passengers by
stage or contract carriages at
colour or manner as to induce any person
to believe that the vehicles is used for the
transport of mails news papers and such
other things;
(q) 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 or freight for hire or reward;
(r) authorising specified persons to enter at
all reasonable times and inspect all
premises used by permit holder for the
purpose of their business;
(s) the conditions under which and the types
of containers or vehicles in which animals
or birds may be carried and the seasons
during which animals or birds may not be
carried;
(t) the conditions under which the holder of a
public carrier permit may use the vehicle
for the carriage of goods for or in
connection with a trade or business
carried on by him;
(u) the licensing of and the regulation of the
conduct of agents for the transaction of
business with the Authority, Regional
Transport Authority, the registering
authority, the licensing authority or any
other officer or authority or any other
prescribed authority;
(v) the licensing of agents engaged in the
business of collecting, forwarding and
distributing of goods carried by public
carriers;
(w) the regulation of the conduct of operators
including fleet operators of private and
public carriers;
(x) the issuance of permit for operating
vehicles on international routes, the
requirements and conditions for such
permit, licensing and qualifications of
operators of such vehicles;
(y) the obtaining of special permit before a
motor vehicle or trailer of a specified mass
and dimension or special purpose may be
used on highways and the conditions on
which those permits may be granted;
(z) the number of persons to be employed in
driving or attending motor vehicles, the
duties and conduct of such persons or
other workers;
(aa) the hours of duty of drivers of motor
vehicles and particularly goods vehicles of
private and public carriers and the
conditions of service of such drivers and
other workers;
(bb) the number of hours during which a
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CHAPTER -VII
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;
(u) the requirement which shall
be complied with in the
construction or use of any duly
notified stand or halting place,
including the provisions of
adequate equipment and
facilities for the convenience of
all users thereof, the fees, if
any,
which may be charged for the
use of such facilities, the
records which shall be
maintained at such stands or
place, the staff to be employed
thereat and generally for
maintaining such stands and
the duties and conduct of such
staff, and places in a
serviceable and clean condition;
person may drive motor vehicles or a
class or classes of motor vehicles, the
calculation of driving hours and
maintenance of log book therefore or use
of tachograph for recording the hours of
work, driving time, speed of vehicle etc;
(cc) the writing and carrying of log book on
specified class of motor vehicle and
trailers;
(dd) the carrying of loads (including container)
on motor vehicles and trailers;
(ee) the keeping of records of specified matters
and their production for inspection;
(ff) the inspection of transport vehicles and
their contents and of the permits relating
to them;
(gg) the carriage of persons other than the
driver in goods vehicles, trailers or
locomotives;
(hh) the records to be maintained and the
returns to be furnished by the owners or
operators of transport vehicles; and
(ii) any other matter which is to be or may be
prescribed
(v) the regulation of motor cab
stands;
(w) 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;
(x) authorising specified
persons to enter at all
reasonable times and inspect
all premises used by permit
holder for the purpose of their
business;
(y) requiring the person in
charge of a stage carriage to
carry any person tendering the
legal or customary fare;
(z) the conditions under which
and the types of containers or
vehicles in which animals or
birds may be carried and the
seasons during which animals
or birds may not be carried;
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CHAPTER -VII
(za) 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 customers
for such vehicles;
(zb) the licensing of agents
engaged in the business of
collecting, forwarding and
distributing of goods carried by
public carriers;
(zc) the inspection of transport
vehicles and their contents and
of the permits relating to them;
(zd) the carriage of persons
other than the driver in goods
vehicles;
(ze) the records to be
maintained and the returns to
be furnished by the owners of
transport vehicles; and
(zf) any other matter which is to
be or may be prescribed.
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Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER VIII : OPERATION OF PUBLIC TRANSPORT SERVICES ......................................... 194
141. Interpretation._ ........................................................................................................................ 194
142. Grant of operator’s license._ .................................................................................................. 196
143. Persons disqualified for license or franchise._ ................................................................... 198
144. Exhibition of operator’s license._ .......................................................................................... 199
145. Franchised routes._ .................................................................................................................. 199
146. Evaluation of bids for bus route franchise._ ....................................................................... 200
147. Fixing of limit on the number of license or franchise._ .................................................... 200
148. Certain conditions for grant of license or franchise._ ....................................................... 201
149. Modification of license conditions._ ...................................................................................... 203
150. Establishment of firm or company for license or franchise._ ......................................... 204
151. Power of authority to give directions to licensees or franchisees._ .............................. 204
152. Power of authority to deal with deviant licensees or franchisees._ .............................. 205
153. Provisional orders for securing compliance._ ..................................................................... 207
154. Outstanding fees, charges, penalties, etc._ ....................................................................... 209
155. Transfer of license or franchise._ .......................................................................................... 209
156. Suspension or cancellation of license or franchise._ ........................................................ 209
157. Markings of public vehicles._ ................................................................................................. 210
158. Rates of hire._ ........................................................................................................................... 211
159. Public stands._ .......................................................................................................................... 211
160. Responsibility of operator of public transport service._ ................................................... 212
161. Power to seize a vehilce under this Chapter._ ................................................................... 212
162. Appeals under this Chapter._ ................................................................................................ 213
163. Power to make regulations._ ................................................................................................. 213
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CHAPTER -VIII
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER V
CONTROL OF TRANSPORT
VEHICLES
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER VIII : OPERATION OF PUBLIC
TRANSPORT SERVICES
141. Interpretation._
(a)
(b)
(c)
(d)
(e)
(f)
In this Chapter, unless the context
otherwise requires-
“area” in relation to a public transport
service means either the whole of the
country, or a region or a zone or a subzone,
as the case may be, to be specified
by the authority in the respective permit or
license, permission or franchise certificate;
“authority” means the Authority, or any
Regional Transport Authority, or any other
prescribed public body or body of persons
or authority or officer as the Government
or the Authority may consider it necessary
to appoint by notification in the official
Gazette for such Districts or Metropolitan
areas, or part thereof, to grant or renew a
license or franchise, to operate public
transport service in brief PTS and to
exercise powers and discharge
responsibilities for the planning and
regulation of public transport services,
award and regulation of franchises, and
perform all other related functions under
the Act or any rules or regulations made
there under;
“BRT service” means, a high capacity
rapid transit bus service, provided by
specified or prescribed type of stage
carriage buses, operated under a license
in an urban area, on a franchised route
having segregated or dedicated bus
transit ways or bus-only lane or roadways,
with convenient boarding, alighting,
transfer and terminal facilities, declared as
such service by the Government or by the
Authority;
"bus service" means a service that is
provided by a PTS operator, to any person
upon the payment of a fare, using one or
more stage carriage buses operating on
predetermined timetables and routes
(includes a franchised route), either under
a permit or under a license or a franchise
and includes a BRT service;
"bus service operator" means the holder
of a permit or a license or franchise
authorized to operate any bus services;
“competitive bidding” means a procedure,
in which, to ensure fair competition, open
Proposed a
new law to
replace the
MVO 1983
Modified
Inserted new
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CHAPTER -VIII
(g)
(h)
bids are invited from the operators subject
to the same standards and regulatory
procedures, against defined service
parameters and standards, and where all
qualifying bids are evaluated against
objective criteria, and the license or
franchise is awarded to the winning
bidder;
“exclusive right” means the sole right to
operate a bus service on a specified
franchised route, such that no other bus
service (includes a franchise) may be
permitted to duplicate the route by more
than 50% of its total length or area;
“franchise” means a license that confers
exclusive right to operate a bus service
under a franchise agreement;
(i) “franchise agreement" means the
agreement executed between a
franchisee and the authority granting the
franchise, setting out the type of service,
and the terms and conditions of the
franchise;
(j) “franchise certificate" means an
authorization issued in evidence by the
authority granting the franchise in respect
of a stage carriage that it is operated
under a franchise agreement;
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
“franchised route” means a bus route or
network of routes, segregated or
dedicated bus ways or bus-only lane or
roadways or dedicated transit ways or a
specified area, declared as such a route
by the Authority under sub-section (1) of
section 145 on which the franchisee is
granted exclusive right to operate a bus
service;
“franchisee” means a licensee or an
operator who has been, after selection
through a competitive bidding, granted a
franchise under this Chapter to operate
bus services on any franchised route;
"license" means a license or franchise
granted under this Chapter to operate
public transport services;
"licensee" means the holder of a license
under this Chapter;
“operator” means an operator specified
under sub-section (120) of section 2;
“public transport service in brief PTS”
means a service of carrying passengers or
goods or both, for hire or reward, by road
in public vehicles which shall include a
bus or a taxi or a rental car or a bus rapid
transit in brief BRT service;
“public vehicle” means a vehicle specified
under sub-section (145) of section 2;
“region” means a district or a metropolitan
area, as may be specified by the authority
in the respective license, permit or
certificate issued by it;
“rental car service” means a service that is
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(t)
provided by a rental vehicle, to a renter or
hirer, under an agreement, upon the
payment of an agreed sum for hiring a
rental vehicle, operated either under a
permit or under the license;
“taxi service” means a service that is
provided to any person upon the payment
of a fare, using one or more taxi cabs
(includes baby taxi) either under a permit
or under the license;
(u) “permission” means an authorization
issued in evidence by the authority in
respect of a public vehicle that it is
operated under a license but not under a
franchise agreement;
(v)
“zone or sub-zone” in relation to a bus
service means, part of a district or a
metropolitan area declared as such by the
authority having jurisdiction over the area,
and specified in the respective license,
permit or certificate issued by it.
142. Grant of operator’s license._
(1) Notwithstanding anything inconsistent or
contrary therewith contained in this Act or
any other law for the time being in force,
the provisions of this section shall have
effect and will prevail upon those
provisions or laws.
(2) An operator, who operates or intends to
operate more than one public vehicles
(not being a taxi cab), shall not do so,
unless he is granted a license or
franchise, issued to him by the authority
under this Chapter, and a permission or
certificate of franchise, issued for every
such vehicle, to be operated under the
license or franchise agreement, in addition
to the motor vehicle Authorization
Certificate under Chapter V of the Act:
Provided that no person except the
Authority, or such other public body or
body of persons authorized by the
Government or by the Authority or an
authorized licensee shall undertake to
operate any BRT service.
(3) A permission or a certificate of franchise
under sub-section (1) shall not be issued
in respect of any vehicle which does not
comply with such conditions as to
construction, fitness and equipment or
otherwise specified under section 129 or
148, or as may be fixed by the authority or
as prescribed.
(4) An operator who operates or intends to
operate more than two taxi cabs (includes
baby taxi), and leases or intends to lease
all or any of such taxi cabs to individual
drivers for the purpose of providing a
service whereby-
(a) the taxi cabs ply for hire or are available
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VIII
for hire from designated taxi stands; or
(b) bookings for the use of such taxi cabs are
accepted and taxi cabs are assigned to
persons making such bookings;
shall not do so, unless he is issued by the
authority, a taxi service operator’s license
and a permission for every vehicle, in
accordance to this Chapter.
(5) Any person who contravenes sub-section
(2), (3), or (4) shall be guilty of an offence.
(6) It shall be an offence for a person to drive
or cause or allow or permit to be driven on
any road or in a public place any vehicle in
contravention of any conditions of
operator’s license or permission or
franchise certificate or with an expired or
invalid operator’s license or permission or
franchise certificate.
(7) A license and a franchise under this
Chapter shall be applied, by the winning
bidder(s), selected through competitive
bidding, processed through a prescribed
method, for such license or franchise, and
granted, renewed, varied, refused or
surrendered in such manner and in such
forms and to such authority, as may be
prescribed.
(8) In granting or renewing a license or a
franchise under this Chapter, the
authority, shall have regard to the financial
standing of the applicant, his experience
and ability to maintain and operate an
adequate, satisfactory, safe and efficient
public vehicle fleet, under most cost
effective operating arrangements.
(9) Being satisfied to the realness of the
applicant and the purpose, a license or
franchise shall be granted with or without
exclusive right, and on such terms and
subject to such conditions as of the
accepted bids or as the authority
determines, keeping in view, safe mobility,
convenience, comfort and reliability of
services at affordable cost to users, and at
the same time, the full recovery of costs
and a reasonable return on management
and assets invested.
(10) Subject to the provisions of this Act, or the
rules or regulations made there under, a
license or franchise under this section
shall be granted for the period, purposes
and for the vehicle(s) specified in the
application, or with such variation as the
authority issuing the license or the
franchise deems appropriate, and shall
not entitle the person to whom it is issued,
to operate any other vehicle, or greater
number of vehicle, or use the vehicle in
any other route, or area or time or day or
for the purpose not specified in the license
or franchise; and whoever operates a
vehicle in contravention of this section
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CHAPTER -VIII
shall be guilty of an offence:
Provided that an operator who is licensed
or franchised to operate on more than one
route or network of routes, shall have
option to interwork buses between routes
assigned.
(11) In determining whether to grant or renew
a license or franchise under this Chapter
and what terms and conditions to impose
thereon, the authority shall consider-
(a)
(b)
(c)
the character and fitness of the applicant
to be granted with a license or franchise,
where the applicant is a body corporate,
the character and fitness of the members
of the board of directors or committee or
board of trustees or other governing body
of the body corporate;
the financial resources of the applicant
and his business reputation;
whether the applicant is likely to provide a
satisfactory service to the passengers,
intending passengers or other users or
members of the public in respect of safety,
continuity, regularity of operation,
frequency, punctuality, reasonableness of
charges and general efficiency;
(d) the existence of other operators or
services and the demand for services
proposed;
(e)
(f)
the type of vehicles proposed to be used
by the applicant in providing the service;
and
any other matter which the authority thinks
relevant.
143. Persons disqualified for license or
franchise._
(1) A license or franchise under this Chapter
shall not be granted or renewed-
Inserted new
(a)
(b)
(c)
(d)
(e)
to any person who is a minor; or
to any person who fails to comply with the
prescribed qualifications, experience and
requirements; or
to any applicant who fails to submit the
application for such a license or franchise
within such period, in such form, in
accordance to such procedures, and
along with such deposits (may include the
deposit of security or bank guarantee),,
fees, taxes, levy, declaration, statutory
declaration, evidence, documents,
particulars and information as may be
specified by the authority or prescribed; or
to a person or a body of person, or an
operator, who has been previously
disqualified to hold such a license or
franchise or whose license or franchise
has been revoked; or
to a person, against whom a warrant of
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CHAPTER -VIII
(f)
(g)
(h)
(i)
(j)
arrest has been issued under the
Bangladesh Criminal Procedure Code, in
respect of any offence committed by him
under this Act, or any other law for the
time being in force; or
to a person who is under arrest, or in the
custody or in jail; or
to a person who used a motor vehicle in
committing a criminal offence; or
to the vehicle which has been used in the
commission of a criminal offence; or
to any applicant who fails to satisfy the
authority, with proper evidence,
certificates or documents that he has
adequate parking, depot and garage
facilities in respect of all vehicles and
trailers or semi-trailers, being operated or
likely to be operated under the license or
franchise, for the period for which the
license or franchise is applied for grant or
renewal; and
any license or permission or franchise
previously issued to such persons or
vehicles shall be cancelled.
(2) Any person who contravenes this section
shall be guilty of an offence.
144. Exhibition of operator’s license._
(1) The license or its main features or the
franchise certificate shall be exhibited on
the vehicle concerned in the manner
prescribed and no person shall alter,
deface, mutilate or add any thing by
writing or in any other way to any such
license or franchise certificate and nor
shall exhibit any such license or franchise
certificate as aforesaid on any motor
vehicle or produce any such license or
franchise certificate to any authority or
officer for any purpose or use any fictitious
license or franchise certificate.
(2) Any person who contravenes sub-section
(1) shall be guilty of an offence.
145. Franchised routes._
(1) Having regard to the interest of the public
in general, and the advantages to the
traveling public of the service to be
provided, and on the basis of such other
considerations as it thinks fit, or as may be
prescribed, the Authority may, by
notification in the official gazette declare
such route(s), network of routes or
zone(s), or sub-zone(s) or region(s) as it
considers necessary, a franchised route(s)
or zone(s) or region(s), for granting a
franchise to a franchisee to operate
specified bus service on such franchised
route(s), on such terms and conditions as
it may prescribe, or the authority granting
the franchise may specify.
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VIII
(2) Where a franchise is granted for any route
or area under sub-section (2) of section
142, all existing permits issued to operate
stage carriages along the route(s) or
within the area specified or a portion
thereof, as may be notified by the
authority granting the franchise, shall
stand cancelled on the dates notified for
the purpose and no fresh stage carriage
permit shall be granted for such route(s)
or zone( s) or portion of a route or zone for
the duration of franchise by any authority
and no stage carriage or any service of
the nature referred above shall be allowed
to operate on the route(s) or zone(s) with
or without a permit or a license
whatsoever.
(3) Without prejudice to the powers and
functions conferred under the Act or the
rules or regulations made there under, the
Authority may exercise all powers and
discharge all functions relating to
franchise, declaration and classification of
franchise route(s) or zone(s), invitation of
interest or bids for franchise, evaluation of
bids, approval of franchise, grant of
franchise, fixing of fees and other
payments for grant of franchise and
inviting bids, fixing of fare for franchise
routes, monitoring of services under
franchise and such other matters as may
be specified or prescribed.
146. Evaluation of bids for bus route
franchise._
Apart from the bidders operational and
financial capability and experience to
provide satisfactory, adequate, safe,
efficient, reliable and comfortable bus
service, tender evaluation criteria for a bus
route franchise shall include, the level of
investment being made, specification of
buses, fare scale proposed to be charged,
time required for making the service
operational, age of the buses, depot,
parking and workshop facilities, ticketing
system, maintenance and servicing
program and bus scrapping and purchase
program.
147. Fixing of limit on the number of license
or franchise._
(1) The Authority may from time to time
prescribe, or by notification in the official
Gazette fix, a limit on the maximum
number of license or franchise for any
route or area, and the maximum number
of vehicles of any class which may be
operated under a license or franchise, with
reference to their capacity, age,
manufacturer, model, dimensions, weight,
Inserted new
Inserted new
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CHAPTER -VIII
equipment, standards for fitness or any
other criteria; and there shall not be
issued any license or franchise or
permission or franchise certificate in
excess of the number so prescribed or
fixed.
(2) Any person who contravenes sub-section
(1) shall be guilty of an offence.
148. Certain conditions for grant of license
or franchise._
(1) Without prejudice to the generality of
section 142, the authority granting a
license or franchise may, thereunder,
impose all or any of the conditions
specified hereunder and under section
129-
Inserted new
(a) controlling or restricting, directly or
indirectly, the creation, holding or disposal
of shares in the licensee (the holder of a
license under this Chapter) or its
shareholders, or of interests in the
undertaking of the licensee or any part
thereof;
(b) requiring the payment to the authority of a
fee on the grant of the license or
franchise, or the payment to it of periodic
fees during the validity of the license or
both, of such amount as may be
determined by the authority;
(c) requiring the licensee to do, or not to do,
such things as are prescribed or specified
or described in the license;
(d) requiring the licensee or the vehicle to
comply with the conditions specified under
section 129 except that of clause (d)
relating to the fare or freight and clause
(h);
(e) requiring the licensee and the workers of
the public transport services to comply
with the restrictions of hours of work
specified under section 136;
(f) requiring the licensee to comply with the
restrictions specified under section 137;
(g) relating to the extent, hours and general
level of the services to be provided by the
licensee to the passengers, other users or
members of the public;
(h) relating to the condition and use of the
vehicles employed by the licensee or
franchisee in operating the service;
(i) requiring the approval by the Authority or
the authority of the appointment, reappointment
or removal of any person as
the licensee’s chief executive officer, the
chairman of the licensee’s board of
directors or any of its directors;
(j) requiring the deposit of security or bank
guarantee to the satisfaction of the
authority for the due performance by the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -VIII
licensee of all or any obligations imposed
upon it by the license or by this Act;
(k) relating to the restriction on the carrying
on by the licensee of any trade or
business not related to the activity which
the licensee is authorized by its license to
carry on;
(l) relating to the standards of performance to
be complied by the licensee or the
franchisee in the maintenance or
operation of the public transport services,
the provision of bus rapid transit system or
services;
(m) requiring the licensee to maintain any
premises, structure, equipment or facility
used or for the purposes of, or otherwise
reasonably necessary or incidental to,
operating the public transport services or
the bus rapid transit system so as to
integrate the bus rapid transit system with
other public transport services and
facilities and developments surrounding
the bus rapid transit system;
(n) requiring the licensee to acquire from such
person as may be specified in the license,
and to use, such property or rights as may
be so specified, or to undertake such
liabilities as may be so specified;
(o) requiring the licensee to prepare itself to
deal with any fire, flood, earthquake or
disaster (natural or otherwise) or any
public emergency;
(p) requiring the licensee to provide travel
information systems and directional signs
for the purpose of ensuring integration of
the bus rapid transit system with other
public transport services and facilities and
developments surrounding the bus rapid
transit systems;
(q) specifying codes of practice and
standards of performance in connection
with —
(i) the maintenance or operation and
provision of services and BRT system;
(ii) the conduct of licensees or franchisees
and their employees, agents and
contractors in the provision of services
(including the persons to whom the
licensees lease taxis in connection with
the operation of the taxi service or rental
cars); and
(iii) the preservation and promotion of fair
competition amongst persons who have
been licensed or franchised under this
Chapter to operate the public transport
service including bus or taxi or BRT or
rental car services;
(r) requiring the licensee or franchisee to
undergo and pass such inspection and
audit as the authority may determine for
compliance with-
(i) the relevant provisions of this Act;
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CHAPTER -VIII
(ii) the terms and conditions of the license or
franchise being held by the licensee;
(iii) the codes of practice and standards of
performance issued by the authority under
clause (p); and
(iv) any direction given by the authority under
section 151; and
(s) requiring the licensee or franchisee to
obtain membership in or to make
contributions to such body or organisation
as may be specified by the authority,
being a body or an organisation that
provides training programs, accident
research and other activities which the
authority thinks beneficial to the bus-truck
or taxi cab industry.
(2) For the purpose of clause (q) of subsection
(1)-
(a) the audit and inspection shall be
conducted by-
(i) such officers who have been duly
designated by the authority for the
purpose; or
(ii) a qualified independent audit team
approved by the authority for the purpose;
(b) the authority may require the licensee or
franchisee-
(i) to submit to the authority or to the persons
conducting the audit or inspection such
regular returns of operating, financial data,
and information as the authority may
specify, which pertains to the operation of
the services by the licensee or franchisee;
and
(ii) to allow the persons conducting the audit
or inspection to carry out on-site collection
or verification of any information which
pertains to the operation of the service by
the licensee or franchisee;
(c) any sample size used by the persons
conducting the audit and inspection, shall
be deemed to be reasonable; and
(d)
the costs of and incidental to the conduct
of the audit and inspection, shall be borne
by the licensee or the franchisee.
(3) Whoever fails to comply or contravene
any conditions imposed under this section
he shall be guilty of an offence.
149. Modification of license conditions._
(1) Subject to this section, the authority may
modify the conditions of a license or
franchise imposed under section 148.
(2) Before modifying the conditions of a
license or franchise under sub-section (1),
the authority shall give notice to the
licensee or franchisee —
(a) stating that it proposes to make the
modification in the manner as specified in
the notice; and
Inserted new
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(b) specifying the time (not being less than
fourteen days from the date of service of
the notice on such licensee or franchisee)
within which written representations with
respect to the proposed modification may
be made.
(3) Upon receipt of any written representation
referred to in sub-section (2), the authority
shall consider such representation and
may —
(a) reject the representation; or
(b) amend the proposed modification in
accordance with the representation or
otherwise,
and, in either event, the authority shall
thereupon issue a direction in writing to
the licensee or franchisee, requiring that
effect be given within a reasonable time to
the proposed modification specified in the
notice or to such modification as
subsequently amended by the authority.
(4) The authority shall not enforce its direction
during the period referred to, and whilst
the appeal of the licensee or franchisee is
under consideration by the appellate
authority under section 161.
(5) If no written representation is received by
the authority within the time specified in
clause (b) of sub-section (2) or if any
written representation made is
subsequently withdrawn or rejected, the
authority may immediately carry out the
modification as specified in the notice
under clause (a) of sub-section (2).
150. Establishment of firm or company for
license or franchise._
(1) If the applicant for a license or franchise is
a partnership, all the members of the
partnership must be approved by the
authority.
(2) If the applicant for a license is a company,
all the directors of the company must be
approved by the authority.
(3) No person shall be appointed to be a new
partner or director of a licensee or
franchisee unless such person is
approved by the authority.
(4) Every licensee or franchisee shall inform
the authority of —
(a)
(b)
(c)
the withdrawal by, or the expulsion of, any
partner from the partnership;
the resignation or removal of any director
of the company; and
the death of any partner or director.
151. Power of authority to give directions to
licensees or franchisees._
(1) The authority may give directions to be
observed/ implemented by licensees or
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franchisee for the purpose of-
(a) ensuring that such licensees or franchisee
provide satisfactory services to the
passengers, other users, or the members
of the public in respect of safety,
continuity, regularity of operation,
frequency, punctuality, reasonableness of
charges or general efficiency; and
(b) preserving and promoting fair competition
amongst such licensees or franchisee.
(2) A direction under sub-section (1)-
(a) shall require the licensee or franchisee
concerned (according to the
circumstances of the case) to do, or not to
do, such things as are specified or
described in the direction;
(b) shall take effect at such time, being the
earliest practicable time, as is determined
(c)
by or under that direction; and
may be revoked or modified at any time by
the authority.
(3) Before giving a direction to any licensee or
franchisee under sub-section (1), the
authority shall, unless the authority in
respect of any particular direction
considers that it is not practicable or
desirable, give notice —
(a)
stating that the authority proposes to
make the direction and setting out its
effect; and
(b) specifying the time within which
representations or objections to the
proposed direction may be made,
(c)
and shall consider any representation or
objection which is duly made.
(4) Every licensee or franchisee shall, at his
own expense, comply with every direction
of the authority given to the licensee or
franchisee under this section failure to
which he shall be guilty of an offence.
152. Power of authority to deal with deviant
licensees or franchisees._
(1) If the authority is satisfied that any
licensee or franchisee–
(a) contravenes or fails to comply any
relevant provision of this Act or any rules
or regulations made there under, or any
term or condition of his license or
franchise or any code of practice,
standard of performance or direction
issued by the authority under this Chapter;
or
(b) fails to comply with or contravene any
provision of any code of practice issued or
approved by the authority under section
148 or 149; or
(c) fails to comply with or contravene any
direction given by the authority under
section 151; or
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(d)
(e)
(f)
(i)
(ii)
(iii)
(iv)
fails to comply with or contravene any
provisional order confirmed under section
153; or
fails to secure the compliance by any of
his employees, agents or contractors
(including the persons to whom the
licensee has leased taxis in connection
with the operation of the taxi service or
rental cars) with the provisions of this Act
or any rules or regulations made there
under or with any of the conditions of its
license or franchise to operate any PTS or
BRT system or service or with any
provision, term, condition, code of
practice, standard of performance or
direction referred to in clause (a), (b), (c),
or (d); or
has otherwise failed or likely to fail to
provide a satisfactory taxi service or bus
service or BRT service or rental car
service in respect of safety, continuity,
regularity of operation, frequency,
punctuality, reasonableness of charges or
general efficiency,
the authority may, subject to the
provisions of this sectionissue
such order to the licensee or
franchisee, as it considers necessary, for
the purpose of securing the compliance by
the licensee or franchisee or any of his
employees, agents or contractors
(including the persons to whom the
licensee has leased taxis in connection
with the operation of the taxi service or
rental cars) with the provision, term,
condition, code of practice or standard of
performance or direction referred to in
clause (a), (b), (c), or (d); or
require the licensee or franchisee to pay
to the Authority or the authority which
granted the license or the franchise, within
a specified period, a financial penalty not
less than five hundred units and not more
than five thousand units; or
take any other actions including the
forfeiture of the whole or any part of any
security deposited, by the holder or by its
bank pursuant to a bank guarantee; or
suspension or cancellation of the license
or the franchise or disqualifying the holder
thereof;
as the authority thinks fit.
(2) The authority shall, before requiring the
payment of any financial penalty under
sub-clause (ii) or taking any other actions
under sub-clause (iii) or (iv) of sub-section
(1), give to the licensee or franchisee,
notice in writing of its intention to do so,
and shall in such notice call upon the
licensee or franchisee to show cause,
within such time as may be specified in
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the notice as to why he should not be
required to pay a financial penalty or why
his license or franchise should not be
suspended or cancelled, as the case may
be.
(3) If the licensee or franchisee —
(a) fails to show cause within the period of
time given to him to do so, or such
extended period of time, as the authority
may allow; or
(b) fails to show sufficient cause,
the authority shall give notice in writing to
the licensee or franchisee, of the date by
which the financial penalty shall be paid,
or from which the suspension or
cancellation of his license or franchise is
to take effect, as the case may be.
153. Provisional orders for securing
compliance._
(1) Subject to sub-sections (5) and (6), where
it appears to the authority that-
Inserted new
(a)
(b)
a licensee or franchisee is contravening,
or is likely to contravene, any condition of
its license or franchise; or
a licensee or franchisee has failed to
secure the compliance by its employees,
agents or contractors with any condition of
its license,
and that it is appropriate or requisite that a
provisional order be made under this
section, the authority shall, instead of
taking any decision under section 156, by
provisional order make such provision as
appears to it requisite for securing
compliance with that condition.
(2) A provisional order-
(a)
(b)
(c)
shall require the licensee or the franchisee
to whom it relates (according to the
circumstances of the case) to do, or not to
do, such things as are specified in the
provisional order or are of a description so
specified;
shall take effect at such time, being the
earliest practicable time, as is determined
by or under the provisional order; and
may be revoked at any time by the
Authority or the authority.
(3) In determining whether it is appropriate or
requisite that a provisional order be made,
the authority shall have regard, in
particular, to the extent to which any
person is likely to sustain loss or damage
in consequence of anything which, in
contravention of the condition of a license,
is likely to be done, or omitted to be done,
before a decision under section 155 may
be made.
(4) Subject to subsections (5), (6) and (7), the
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(a)
(b)
authority shall, by notice in writing, confirm
a provisional order, with or without
modifications, ifthe
authority is satisfied that the licensee
or franchisee to whom the order relates is
contravening, or is likely to contravene
any condition of its license or franchise, or
has failed to secure the compliance by its
employees, agents or contractors with any
condition of its license; and
the provision made by the order (with any
modifications) is requisite for the purpose
of securing compliance with that condition.
(5) The authority shall not make or confirm a
provisional order in relation to a licensee
or franchisee, if it is satisfied-
(a)
(b)
(c)
that the duties imposed on the authority
under this Act or any rules or regulations
made there under preclude the making of
such an order;
that the licensee or franchisee has agreed
to take, and is taking, all such steps as it
appears to the authority for the time being
to be appropriate for the licensee or
franchisee to take for the purpose of
securing or facilitating compliance with the
condition in question; or
that the contraventions were, or the
apprehended contraventions are, of a
trivial nature.
(6) Before the authority makes or confirms a
provisional order, the Authority or the
authority shall give notice to the licensee
or franchisee concerned-
(a)
(b)
(i)
(ii)
(iii)
(c)
stating that the authority proposes to
make or confirm the provisional order and
setting out its effect;
setting outthe
relevant condition of the license or
franchise for the purpose of securing
compliance with which the provisional
order is to be made or confirmed;
the acts or omissions which, in the
authority’s opinion, constitute or would
constitute contraventions of that condition;
and
the other facts which, in the Authority’s or
authority’s opinion, justify the making or
confirmation of the provisional order; and
specifying the period (not being less than
fourteen days from the date of service of
the notice) within which representations or
objections with respect to the proposed
provisional order or proposed confirmation
may be made,
and shall consider any representations or
objections which are duly made and not
withdrawn.
(7) The authority shall not confirm a
provisional order with modifications
except-
(a)
with the consent of the licensee or
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franchisee to whom the provisional order
relates; or
(b) after —
(i)
serving on that licensee or franchisee
such notice of the proposal to confirm the
provisional order with modifications and in
that notice, specifying the period (not
being less than fourteen days from the
date of service of the notice) within which
representations or objections with respect
to the proposed modifications may be
made; and
(ii) considering any representations or
objections which are duly made and not
withdrawn.
(8) In this section, “provisional order” means
an order under this section which, if not
previously confirmed in accordance with
sub-section (5), will cease to have effect
at the end of such period (not exceeding
three months) as is determined by or
under the order.
154. Outstanding fees, charges, penalties,
etc._
Where any fee, contribution, financial
penalty or any other sum payable under
this Chapter, remains due and unpaid by a
licensee or franchisee, the Authority or the
authority may require the licensee or
franchisee, to pay interest thereon at the
prescribed rate, and any such fee,
contribution, financial penalty or other
sum, and any interest thereon, may be
recovered by the authority in any court of
competent jurisdiction, as if they were
arear of land revenue or public demand or
simple contract debts.
155. Transfer of license or franchise._
(1) A license or franchise issued under this
Chapter shall not be assigned or
transferred, and the holder who shall
assign or transfer, or attempt to assign or
transfer the license, without the approval
of the authority that granted the license,
shall be guilty of an offence.
(2) The authority that granted the license or
franchise may, with the permission of the
Authority, permit the transfer of any public
transport service operator’s license or a
taxi service operator’s license, or BRT
service license, or franchise issued under
this Chapter, in such manner and on
payment of such fee as may be
prescribed.
156. Suspension or cancellation of license
or franchise._
(1) A license or franchise under this Chapter
may at any time be suspended or
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(a)
(b)
cancelled or restored or such a licensee or
franchisee may be disqualified, by the
Authority or by the authority which granted
the license or franchise or by such other
officer or authority or person as may be
authorized or prescribed, if any licensee or
franchiseecontravenes
or fails to comply with the
requirements of section 152; or
by reasons of his performance or conduct,
or the manner in which the services are
provided, vehicles are being maintained or
used, he is not a fit and proper person to
hold such a license or franchise;
(c) fails to pay any outstanding fee,
contribution, financial penalty or any other
sum payable under this Chapter; or
(d) goes into compulsory or voluntary
liquidation other than for the purpose of
reconstruction or amalgamation; or
(e)
(f)
(i)
(ii)
(2) ?
makes any assignment to, or composition
with, its creditors;
assigns or transfers, or attempts to assign
or transfer the license or franchise, without
the approval of the authority that granted
the license or franchise;
the authority may, by notice in writing and
without any compensation, do all or any of
the following:
suspend or cancel the license or franchise
being held by the licensee or franchisee in
whole or in part;
forfeit the whole or any part of any security
deposited with the Authority or the
authority by the licensee or the franchisee
or by its bank pursuant to a bank
guarantee;
157. Markings of public vehicles._
(1) Every public vehicle including a taxi cab
operated under the license or franchise,
issued under this Chapter, shall have
permanently affixed thereto such plate or
plates and such other markings including
painting, the logo of the operator, if any,
as may be prescribed, for the purpose of
identifying such vehicle as a public vehicle
or a service taxi or BRT service or rental
car service.
(2) On the expiry, suspension or revocation of
a license or franchise under this Chapter,
the license together with all plates or other
markings issued in connection therewith,
shall be returned to the authority that
issued the license, within ten days after
the expiry, or suspension or revocation
order.
(3) Any person who omits to return any such
license or franchise, plate or other
marking shall be guilty of an offence.
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(4) Any person who display any plate or
marking referred to in sub-section (1), or
any plate or marking falsely purporting to
have been issued under this section, on
any vehicle in respect of which the
appropriate public transport service
license or the taxi service license or BRT
service license or rental car service
license is not in force, shall be guilty of an
offence.
158. Rates of hire._
(1) The owner, operator or the worker of a
public vehicle or BRT service operated
under a license shall be entitled only; to
demand and take rates of hire or fares or
freights as may be approved by the
Government or prescribed.
(2) Except as otherwise provided, nothing in
this section shall prevent the owner,
operator or the worker of a public vehicle
or BRT service from entering into a
contract to receive a lower rate of hire or
fare or freight than that approved or
prescribed.
(3) If any dispute arises as to a rate of hire or
fare or freight demanded according to
distance, vehicle or service type, the
dispute may be referred to the authority,
or officer authorized by the authority or
Authority or to the officer in charge of any
police station or any police officer of or
above the rank of Sub-Inspector of police
or a police Sergeant on duty in the area,
whose decision shall be final, and any
certificate issued by the officer authorized
or the police officer with regard thereto
shall be admissible in evidence.
(4) The owner, operator or the worker of a
public vehicle or a taxi service, or BRT
service who demands or takes or attempts
to take any money in excess of rates of
hire or fares or freights, approved or
prescribed, shall be guilty of an offence.
(5) Any person who refuses to pay the
owner, operator or the worker of a public
vehicle or a taxi service, or BRT service,
the approved or prescribed rate of hire or
fare or freight, when lawfully demanded,
shall be guilty of an offence.
159. Public stands._
The authority may provide, appoint and
regulate the use of such public stands for
any class of public vehicle or service
includes BRT service as it may think fit,
and on the application of or with the
consent of the owner of any private
property may regulate the use of public
stands provided on such private property,
or may, as a condition of the license,
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require the holder thereof, to provide and
maintain such public stands.
160. Responsibility of operator of public
transport service._
(1) The owner, operator or the worker of a
public vehicle or BRT service operated
under the license shall, unless he satisfies
the court that he took every reasonable
precaution to avoid the commission
thereof, be responsible for all offences
committed under this Act in connection
with the use of the vehicle and may, in the
discretion of the officer authorized by the
authority or the authorized police officer
having responsibility in the matter, be
prosecuted for such offence either in
addition to or instead of the worker, as the
case may be.
(2) When the worker of a public vehicle or
public transport service or BRT service is
reasonably believed to be guilty of an
offence under this Act, the owner or the
operator of such vehicle or the service and
any other person who was or should have
been in charge of the vehicle or service at
or about the relevant time shall give to the
officer authorized by the authority or to
any police officer having responsibility in
the matter, such information as the
aforementioned officer or the police officer
may require of him concerning the identity
and address of the person believed to be
guilty of the offence.
(3) If any person fails to do so within seven
days of the date on which the information
was required of him under sub-section (2),
unless he shows to the satisfaction of the
court that he did not know and could not
with reasonable diligence have
ascertained the information required, he
shall be guilty of an offence.
(4) Notwithstanding anything contained in any
other law for the time being in force, any
information given under sub-section (2) by
any person charged with any offence
under this Act may be used as evidence at
the hearing of the charge.
161. Power to seize a vehilce under this
Chapter._
(1) Any police officer in uniform not below the
rank of a Sub-Inspector or Sergeant, or a
road transport officer of or above the rank
of an Inspector of Motor Vehicles, or such
other officer or person or agent,
authorized in this behalf by the
Government or by the Authority, has
reasonable cause to suspect, in respect of
any vehicle or person, that there has been
committed an offence under this section,
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may seize the vehicle or arrest the person
without warrant, as the case may be.
(2) When any vehicle has been seized or any
person arrested under sub-section (1), the
provisions under sub-section (2), (3) and
(4) of section 134 shall there upon apply.
162. Appeals under this Chapter._
(1) Where the authority refuses to grant or
renew a license or franchise, or grants or
renews a license or franchise with
variation, or modifies any conditions of the
license or franchise, or issues any direction
under section 151 or issues any order
under section 152 or 153, or imposes any
financial penalty or where the authority or
other prescribed authority or officer or
person suspends or revokes a license or a
franchise, or disqualify a licensee or
franchisee, he shall do so in writing; and
the aggrieved applicant or the licensee or
franchisee, as the case may be, may,
within such period as may be prescribed,
appeal to the appropriate appellate
authority specified under section 43, in the
prescribed manner and on payment of
prescribed fee, if any; and on such appeal,
the appellate authority, after such inquiry, if
any, as he may consider necessary, may
make such order as he thinks fit, and any
order so made shall be binding on the
authority or officer who made the order and
on the appellant.
(2) Where an appeal is lodged by a licensee
or franchisee under subsection (1), unless
the appellate authority otherwise directs-
(a) the licensee or franchisee shall comply or
continue to comply with any license or
franchise condition, direction or decision
being appealed against; and
(b) the license or franchise condition,
direction or decision shall be effective and
enforceable against the licensee or the
franchisee, until the determination of the
appeal.
(3) Where the licensee or franchisee appeals
under sub-section (1), against any refusal
to renew his license or franchise, and his
license or franchise expires at any time
from the date of receipt of the notice of
refusal to the date of determination of his
appeal, the licensee or the franchisee
shall be deemed to have a license or
franchise to operate the PTS, in respect of
which his license or franchise was
previously granted or renewed, from the
date of expiry of his license or franchise to
the date of determination of the appeal.
163. Power to make regulations._
(1) The Authority may make such regulations
Inserted new
Inserted new
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as it may consider expedient for
prescribing anything which may be
prescribed under this Chapter, and
otherwise for the purpose of carrying into
effect or to supplement the provisions of
this Chapter.
(2) Without prejudice to the generality of the
foregoing power, regulations under this
Chapter may be made with respect to all
or any of the following matters, namely:-
(a) the terms and conditions, conduct of
business by the operators of public
transport services, and the reports and
(b)
returns to be furnished by them;
the qualifications and competency of
persons for licensing and franchise;
(c) the procedures for submission of
competitive bids and selection of
candidates for a license or franchise or in
granting permit relating to vehicles of a
public carrier;
(d) the issue and renewal of licenses
manually or electronically and the fees to
be charged for the issue and the renewal,
transfer or replacement or for an addition
or alteration to a license, or for recording
the change of address, transfer and the
manner of payment thereof;
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
the forfeiture of vehicles seized and
auction thereof;
the procedures for left baggage, lost and
found items;
the requirements to be complied with
before a license or franchise may be
granted, refused, varied or renewed, or
transferred or replaced or computerized
and the information and evidence to
accompany the applications;
the conditions on which a license or
franchise may be granted, varied or
renewed;
the period for which a license or franchise
may remain in force and the conditions
thereof;
the classes of motor vehicles and types of
services for licensing purposes;
the forms to be used for the purposes of
this Chapter and the contents of licenses;
the records and registers to be maintained
in relation to licenses, franchise and for
such other matters as may be required
under this chapter;
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;
the grounds on which and the authority by
which a license may be cancelled,
suspended or varied and the procedures
to be followed in the cases of issue,
renewal, transfer, lamination,
replacement, suspension and cancellation
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of license, and the seizure and surrender
of license;
(o) the procedures for periodic and random
inspection and audit of compliance to
license requirements and submission of
reports thereof;
(p) the protection of environment, maintaining
and use of public stands, stations,
terminals (interchanges), parking places,
depots and garages by the operators and
others;
(q) the issue of duplicate licenses in place of
licenses lost, destroyed or mutilated,
licenses have been surrendered or seized,
and the fees to be charged therefore and
the manner of payment;
(r) the production of license, or any other
documents or certificates, before the
Authority, authority or other authority or
officer, for examination and the revision of
entries, particulars therein;
(s) the levy of tax and/or fees to be charged
or deposits to be made for the issue,
renewal, transfer or alteration of public
vehicle license;
(t) the refund or forfeiture of tax or fees or
deposits, the manner in which such tax or
fees may be collected including the use of
electronic, computerized or other facilities;
(u) the conditions subject to which the
Authority, authority or any other
prescribed authority may disqualify a
person for holding a license and the
communication of particulars by the
authorities or officers;
(v) the badges and uniform to be worn by
drivers, other workers of public vehicles
such as buses, taxi cabs, BRT service,
rental car service and the fees to be paid
in respect of such badges and uniform;
(w) the conduct of workers of public vehicles
such as buses, taxi cabs, BRT service,
rental car service;
(x) the size, shape and character of the
identification marks, plates or the signs to
be affixed permanently or temporary on
any public vehicles including BRT service
operated under the license and the
manner in which those marks or signs are
to be secured, sealed, displayed and
rendered easily distinguishable by night or
by day and to prohibit those marks, signs
and seals from being tampered;
(y) the particulars of license that may be
displayed in the vehicles includes BRT
service;
(z) the minimum qualifications, training, other
requirements and the conduct of persons
to drive public vehicles including bus
service, taxi cabs, rental cars or BRT
service under the license;
(aa) the issuance of season ticket, travel
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concession, free travel to a particular
passenger or particular class of passenger
or person;
(bb) safety equipment and safety procedures
for the licensee, his employees, users and
others;
(cc) the exemption of prescribed persons, or
prescribed classes of persons from the
requirements to obtain a license and from
the payment of all or any portion of the
fees, levy payable under this Chapter;
(dd) any other matter which is to be or may be
prescribed.
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Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER IX : CONSTRUCTION AND OPERATION OF TERMINALS ............................... 217
164. Interpretation._ ................................................................................................................ 217
165. Construction and operation of terminals._ ................................................................. 217
166. Grant of license to operate terminals._ ....................................................................... 218
167. Certain provisions of Chapter VIIA to apply to terminal operator’s license._ ..... 220
168. Modification of license conditions._ .............................................................................. 220
169. Directions affecting licensees._ ..................................................................................... 221
170. Suspension or cancellation of license, etc._ ............................................................... 222
171. Appeals._ ............................................................................................................................ 223
172. Power to make regulations._ ......................................................................................... 223
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CHAPTER -IX
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER V
CONTROL OF TRANSPORT
VEHICLES
56.
67
[ Transport Vehicle]
Terminal Authority
In order to undertake
construction, development,
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER IX : CONSTRUCTION AND
OPERATION OF TERMINALS
164. Interpretation._
In this Chapter, unless the context
otherwise requires-
(a) “authority” means the Authority, or any
Regional Transport Authority, or any other
prescribed public body or body of persons
or authority or officer as the Government
or the Authority may consider it necessary
to appoint by notification in the official
Gazette for such Districts or Metropolitan
areas, or part thereof, to grant or renew a
license to undertake construction,
development or operation of bus-truck
terminals (interchanges) and discharge all
other related functions under the Act or
any rules or regulations made there under;
(b) "bus service" means the bus service
described under clause (d) of section 141;
(c) "bus service operator" means the operator
of a bus service described under clause
(e) of section 141;
(d) "bus terminal" means a terminal or station
with purpose-built facilities for the
commencement or termination of one or
more bus services and for the boarding or
alighting of bus passengers;
(e) “competitive bidding” means the procedure
specified under clause (f) of section 140;
(f) "license" means a license granted under
this Chapter to operate bus-truck
terminals;
(g) "licensee" means the holder of a license
under this Chapter.
(h) "truck terminal" means a terminal or
station with purpose-built facilities for the
loading and unloading and for
commencement or termination of services
by one or more trucks operated either
under a permit issued under Chapter VII or
under a public transport service operator’s
license issued under Chapter VIII
respectively;
165. Construction and operation of
terminals._
(1) No person except the Authority, the
Regional Transport Authority, or such
Proposed a
new law to
replace the
MVO 1983
Modified
Inserted new
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IX
improvement, maintenance,
management and control of 68 [
transport vehicle terminal], bus
stands, halting places and
parking zones, the Government
may, by notification in the official
Gazette, constitute an authority
or board, either for the whole
country or for a region or for a
specified area, consisting of
such number of members as it
thinks necessary.
other public body or body of persons
authorized by the Government or by the
Authority or an authorized licensee shall
undertake construction, development,
improvement, maintenance, management,
control and operation of terminals
(interchanges) for any class of public
vehicles, or stands and halting places,
places for loading and unloading of
passengers and goods, and parking
places for such vehicles, or such other
road transport facilities in any region or in
a specified area.
(2) Any person, who contravenes subsection
(1), shall be guilty of an offence.
166. Grant of license to construct or operate
terminals._
(1) Subject to the provisions of this Chapter,
the authority may, on the application of a
winning bidder, selected through
competitive bidding, processed through a
prescribed method for such license, grant
or renew a license to that person, to
construct or operate any bus-truck
terminal or other facilities in such manner
and in such forms as may be prescribed,
or refuse the application:
Provided that no license shall be granted
or renewed-
(i) to any person who is a minor; or
(ii) to any person who fails to comply with the
prescribed qualifications, experience and
requirements,or
(iii) to any person who fails to submit the
application for such a license within such
period, in such form, in accordance to
such procedures, and along with such
deposits (may include the deposit of
security or bank guarantee), fees, taxes,
levy, declaration, statutory declaration,
evidence, documents, particulars and
information as may be specified by the
authority or prescribed; or
(iv) to a person or a body of person, or an
operator of terminals, who has been
previously disqualified to hold such a
license or whose license has been
revoked; or
(v) to a person who is under arrest, or in the
custody or in jail; or
(vi) a person who used a motor vehicle in
committing a criminal offence; and
any license previously issued to such
persons shall be cancelled.
(2) A licensee shall be authorised under this
Act, to construct or operate the bus-truck
terminal or other facilities specified in the
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IX
license for such period and on such
conditions, as may be specified in the
license, unless the license is earlier
revoked, cancelled or suspended under
the provisions of this Act.
(3) In granting or renewing a license under
this Chapter, the authority, shall have
regard to-
(a) the financial standing of the applicant, his
financial resources and business
reputation to provide a satisfactory service
to the passengers, intending passengers
or other users or members of the public
with reasonableness of charges and
general efficiency;
(b) the experience and ability of the applicant
to maintain and operate an adequate,
satisfactory, safe and efficient bus-truck
terminal or other facilities; and
(c) the character and fitness of the applicant
to be granted with a license, and where
the applicant is a body corporate, the
character and fitness of the members of
the board of directors or committee or
board of trustees or other governing body
of the body corporate.
(4) In granting or renewing a license, the
authority may impose such conditions as it
thinks fit, including conditions relating to-
(a) the extent, hours and general level of
service;
(b) the maintenance and operation of the bustruck
terminal and any equipment and
facilities to be provided therein;
(c) the safety and security of persons using or
engaged in any work at the bus-truck
terminal or other facilities;
(d) the maximum fees payable to the licensee
by the public transport service or public
vehicle operators or others for using the
terminals or other facilities for their
vehicles;
(e) the conditions and use of the bus-truck
terminal or other facilities by employees,
agents, tenants and contractors of the
licensee, or by the workers of public
vehicles or by public transport service
licensees, and by the members of the
public; and
(f) the standards of performance to be
complied with by the licensee in the
maintenance and operation of the bustruck
terminal or other facilities.
(5) The authority that granted the license may,
with the permission of the Authority, permit
the transfer of any license, issued under
this Chapter, in such manner and on
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CHAPTER -IX
payment of such fee, levy and on such
conditions, as may be prescribed.
(6) No person shall alter, deface, mutilate or
add any thing by writing or in any other
way to any license and produce any such
license to any authority or officer for any
purpose.
(7) Any person who contravenes sub-section
(6) or any conditions of the license granted
under this chapter or any directions of the
authority shall be guilty of an offence.
167. Certain provisions of Chapter VIII to
apply to terminal operator’s license._
The provisions of sections 148, 150, 152,
153, 154 and 155 shall so far as may be,
apply in relation to a license or a licensee
under this Chapter as they apply in
relation to a public vehicle operator’s
license or the holder of such license under
Chapter VIII, unless for very nature, the
application is inappropriate.
168. Modification of license conditions._
(1) Subject to this section, the authority
granting or renewing the license may,
modify the conditions of a license.
(2) Before making any modification to the
conditions of a license under sub-section
(1), the authority shall give notice to the
licensee —
(a) stating that it proposes to make the
modification in the manner specified in the
notice; and
(b) specifying the time (not being less than
fourteen days from the date of service of
the notice on such licensee) within which
the licensee may make written
representations to the authority with
respect to the proposed modification.
(3) Upon receipt of any written representation
referred to in clause (b) of sub-section (2),
the authority shall consider such
representation and may —
(a) reject the representation; or
(b) amend the proposed modification in such
manner as it thinks fit having regard to the
representation.
(4) Subject to sub-section (6), if the authority
rejects any written representation under
clause (a) of sub-section (3) or amends
any proposed modification to the
conditions of a license under clausde (b)
of sub-section (3), the modification as
specified in the notice or as amended by
the authority, as the case may be, shall
take effect on a date specified in writing by
the authority.
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CHAPTER -IX
(5) Subject to sub-section (6), if no written
representation is received by the authority
within the time specified under clause (b)
of sub-section (2) or if any written
representation made under clause (b) of
aforesaid sub-section (2), is subsequently
withdrawn or rejected, the modification as
specified in the notice shall take effect on
a date specified in writing by the authority.
(6) Any modification to the conditions of a
license under sub-section (4) or (5) shall
not take effect-
(a) during the period referred to in sub-section
(1) of section 171; and
(b) where the licensee has appealed against
the modification, unless the appellate
authority otherwise directs-
(i) the licensee shall comply or continue to
comply with any license condition or
decision being appealed against; and
(ii) the license condition or decision shall be
effective and enforceable against the
licensee;
until the determination of the appeal.
169. Directions affecting licensees._
(1) The authority granting or renewing the
license may, give directions to any
licensee on or in respect of the following
matters-
(a) the extent, hours and general level of
service;
(b) the maintenance and operation of the bustruck
terminal and any equipment or
facilities therein;
(c) the safety and security of persons using or
engaged in any work at the bus-truck
terminal or other facilities;
(d) the conditions and use of the bus-truck
terminal or other facilities by passengers,
employees, agents, tenants and
contractors of the licensee, by public
vehicle operator or bus service licensees,
and by members of the public; and
(e) any other matter affecting the interests of
the passengers or public in connection
with the service provided by the licensee.
(2) Any direction given under sub-section (1)-
(a) may require the licensee concerned
(according to the circumstances of the
case) to do, or not to do, such things as
are specified or described in the direction;
(b) shall take effect at such time as specified
in the direction; and
(c) may be revoked or modified at any time by
the authority.
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CHAPTER -IX
(3) Before giving any direction to any licensee
under subsection (1), the authority-
(a)
shall give notice to the licensee-
(i) informing him of the proposed direction
and setting out its effect; and
(ii) specifying the time within which he may
make written representations to the
authority with respect to the proposed
direction,
unless the authority, in respect of any
particular direction, considers that it is not
practicable or desirable that such notice
be given; and
(b) shall consider any representation made by
the licensee.
(4) Every licensee shall, at his own expense,
comply with every direction given to him
by the authority under this section, failure
to which he shall be guilty of an offence.
170. Suspension or cancellation of license,
etc._
(1) Subject to sub-section (2), if any
licensee—
(a) contravenes, or fails to secure the
compliance by his employees, agents or
contractors with, any of the conditions of
his license or any direction given by the
authority under section 169;
(b) goes into compulsory or voluntary
liquidation other than for the purpose of
reconstruction or amalgamation; or
(c) makes any assignment to or enters into a
composition with his creditors,
the authority may, by notice in writing and
without any compensation to the licensee
or any other person, do all or any of the
following:
(i) rectify the non-compliance and recover the
costs of such rectification from the
licensee;
(ii) suspend or cancel the license of the
licensee;
(iii) require the licensee to pay, within a
specified period, a financial penalty not
less than five hundred units and not more
than five thousand units as the authority
thinks fit.
(2) The authority shall, before taking any
action under subsection (1), give the
licensee notice in writing of its intention to
do so and shall call upon the licensee to
show cause within such time as may be
specified by the authority as to why such
action ought not to be taken.
(3) Any cost recoverable from any licensee
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IX
under clause (i) of sub-section (1), and
any financial penalty payable by any
licensee under clause (iii) of sub-section
(1), shall be recoverable as a debt due to
the authority from the licensee, and the
licensee’s liability to pay shall not be
affected by his license ceasing (for any
reason) to be in force.
171. Appeals._
(1) Being aggrieved, by any condition imposed
or any modification made to the conditions
of license, or by any direction or decision
given by the authority, or by the refusal of
the authority to grant or renew a license,
or by imposition of any financial penalty or
by suspension or cancellation of a license
or by disqualification, any applicant or
licensee may, within such period as may
be prescribed, appeal to the appropriate
appellate authority specified under section
43, in the prescribed manner and on
payment of prescribed fee, if any; and on
such appeal, the appellate authority, after
such inquiry, if any, as he may consider
necessary, may make such order as he
thinks fit, and any order so made shall be
binding on the authority or officer who
made the order and on the appellant.
(2) Where an appeal is lodged by an applicant
or a licensee under subsection (1), unless
the appellate authority otherwise directs-
(a) the applicant or the licensee shall comply
or continue to comply with any license
condition, direction or decision being
appealed against; and
(b) the license condition, direction or decision
shall be effective and enforceable against
the appellant , until the determination of
the appeal.
(3) Where the licensee appeals under subsection
(1), against any refusal to renew
his license, and his license expires at any
time from the date of receipt of the notice
of refusal to the date of determination of
his appeal, the licensee shall be deemed
to have a license to operate the terminal,
in respect of which his license was
previously granted or renewed, from the
date of expiry of his license to the date of
determination of the appeal.
172. Power to make regulations._
(1) The Authority may make such regulations
as it may consider expedient for
prescribing anything which may be
prescribed under this Chapter, and
otherwise for the purpose of carrying into
effect the provisions of this Chapter.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IX
(2) Without prejudice to the generality of the
foregoing power, regulations under this
Chapter may be made with respect to all
or any of the following matters, namely:-
(a) the terms and conditions, conduct of
business by the operators of bus-truck
terminals , and the reports and returns to
be furnished by them;
(b) the qualifications and competency of
persons for licensing;
(c) the procedures for submission of bids and
selection of candidates for a license;
(d) the issue and renewal of licenses
manually or electronically and the fees to
be charged for the issue and the renewal,
transfer or replacement or for an addition
or alteration to a license, or for recording
the change of address, transfer and the
manner of payment thereof;
(e) the forfeiture of any vehicles seized and
auction thereof;
(f) the procedures for left baggage, lost and
found items;
(g) the requirements to be complied with
before a license may be granted, refused,
varied or renewed, or transferred or
replaced or computerized and the
information and evidence to accompany
the applications;
(h) the conditions on which a license may be
granted, varied or renewed;
(i) the period for which a license may remain
in force and the conditions thereof;
(j) the classes of operators for licensing
purposes;
(k) the forms to be used for the purposes of
this Chapter and the contents of licenses;
(l) the records and registers to be maintained
in relation to licenses and for such other
matters as may be required under this
chapter;
(m) 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;
(n) the grounds on which and the authority by
which a license may be cancelled,
suspended or varied and the procedures
to be followed in the cases of issue,
renewal, transfer, lamination, replacement,
suspension and cancellation of license,
and the seizure and surrender of license;
(o) the procedures for periodic and random
inspection and audit of compliance to
license requirements and submission of
reports thereof;
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IX
(p) the protection of environment, maintaining
and use of public stands, stations,
terminals (interchanges), parking places,
by the oprators and by public vehicles and
others;
(q) the entry and exit of vehicle and
passengers and halting, keeping and use
of vehicles and maintaining of records
thereof either in manual or electronic form
or by using such other facilities;
(r) the issue of duplicate licenses in place of
licenses lost, destroyed or mutilated,
licenses have been surrendered or seized,
and the fees to be charged therefore and
the manner of payment;
(s) the production of license, or any other
documents or certificates, before the
Authority, authority or other authority or
officer, for examination and the revision of
entries, particulars therein;
(t) the levy of tax and/or fees to be charged
or deposits to be made for the issue,
renewal, transfer or alteration of public
vehicle license;
(u) the refund or forfeiture of tax or fees or
deposits, the manner in which such tax or
fees may be collected including the use of
electronic, computerized or other facilities;
(v) the conditions subject to which the
Authority, authority or any other prescribed
authority may disqualify a person for
holding a license and the communication
of particulars by the authorities or officers;
(w) the badges and uniform to be worn by
drivers, other workers of public vehicles
and the employees of terminal operator
and the fees to be paid in respect of such
badges and uniform;
(x) the size, shape and character of the
identification marks, plates or the signs to
be exhibited permanently or temporary in
any terminald for public transport services
or public vehicles; the manner in which
those marks or signs are to be secured,
displayed and rendered easily
distinguishable by night or by day and to
prohibit those marks and signs from being
tampered;
(y) the control and management of traffic in
and around the terminals;
(z) the facilities for carrying personal
baggages and for loading and unloading
and the payment for the use of such
facilities;
(aa) the particulars of license that may be
displayed in a conpicuous place at the
terminals;
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -IX
(bb) the minimum qualifications, training, other
requirements and the conduct of the
employees of the licensee;
(cc) the conduct of the workers of public
vehicles, employees of terminal operator
during use and their stay in the terminals;
(dd) the safety equipment and safety
procedures for the licensee, his
employees, users and others;
(ee) the exemption of prescribed persons, or
prescribed classes of persons from the
requirements to obtain a license and from
the payment of all or any portion of the
fees, levy payable under this Chapter;
(ff) the requirement which shall be complied
with in the construction or use of any
terminal or stand or halting place,
including the provisions of adequate
equipment and facilities for the
convenience of all users thereof, the fees,
if any, which may be charged for the use
of such facilities;
(gg) the regulation of taxi cab stands;
(hh) the records which shall be maintained at
terminal and such stands or halting place,
the staff to be employed thereat and
generally for maintaining such terminal
and stands and the duties and conduct of
such staff, and places in a serviceable and
clean conditions;
(ii) any other matter which is to be or may be
prescribed.
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Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER X : CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR
VEHICLES ............................................................................................................................................. 227
173. Construction, equipment, use and maintenance of motor vehicles._ ................... 227
174. Approval of design, construction, etc._ ....................................................................... 228
175. Fitting and using of prohibited horns._ ........................................................................ 230
176. Using of motor vehicles in unsafe condition._ ........................................................... 230
177. Using of motor vehicles emitting smokes._ ................................................................ 231
178. Power to make regulations._ ......................................................................................... 231
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -X
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
Proposed a
new law to
replace the
MVO 1983
CHAPTER VI
CONSTRUCTION, EQUIPMENT
AND MAINTENANCE OF MOTOR
VEHICLES
82. General provision regarding
construction and
maintenance
Every motor vehicle shall be
constructed and so maintained
as to be at all times under the
effective control of the person
driving the vehicle.
83. Vehicles to have right hand
control
Every motor vehicle shall be so
constructed as to have right
hand steering control unless it
is equipped with a mechanical
or electrical signalling device of
a prescribed nature.
151. 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 punishable with
imprisonment which may
extend to two years, or with fine
which may extend to five
thousand Taka or with both:
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
CHAPTER X : CONSTRUCTION, EQUIPMENT
AND MAINTENANCE OF MOTOR VEHICLES
173. Construction, equipment, use and
maintenance of motor vehicles._
(1) Every motor vehicle shall be so
constructed and so maintained that it
complies with the requirements of this Act
and the rules and regulations made there
under, and it is in good working order,
safe condition, and environmentally
suitable and all times remains under the
effective control of the person driving the
vehicle.
(2) Every motor vehicle shall be so
constructed as to have right hand steering
control:
Provided that if it becomes necessary in
the public interest, the Government may
by notification in the official Gazette,
exempt, subject to such conditions as
may be specified therein any motor
vehicle or class of motor vehicle from the
operation of this sub-section.
(3) No person shall drive or use or cause or
permit to be driven or used, or import or
sell or supply or offer for sale, supply or
delivery or cause or permit to be sold,
supplied, or offered for sale, or
manufactured, re-built or altered or
manufacture, re-built or alter a vehicle or
component parts thereof, or a
combination of a motor vehicle and a
trailer which is not in safe condition and in
good working order or which does not
comply with the requirements of this
Chapter and the rules and regulations
made there under and the age applicable
to the class or description of vehicle under
this Act:
Provided that the Authority may prescribe
conditions subject to which this subsection
shall not apply to a vehicle which
has been broken down or to a disabled
vehicle which is under repair or which is
being towed or to such other vehicle as
may be prescribed or as may be specified
by the Government by notification in the
official Gazette:
Provided further that the Government or
the Authority may, by notification in the
Gazette, authorize, subject to such
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -X
which it might lawfully be so
used.
151. 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 punishable with
imprisonment which may
extend to two years, or with fine
which may extend to five
thousand Taka or with both:
Provided that, no person shall
restrictions and conditions, as may be
specified in the notification, the use of
special motor vehicles, or special types of
motor vehicles, which are constructed
either for special purposes or for tests or
trials and of new or improved types of
motor vehicles, whether wheeled or
wheelless.
(4) If the Authority deems it necessary or
expedient, so to do in public interest, it
may by order published in the Official
Gazette, notify that any equipment, or
parts or process used by a manufacturer
shall conform in such standard as may be
specified in that order.
(5) No person, being a manufacturer or an
assembler or an importer or a dealer in
motor vehicle or its parts, shall sell or offer
for sale or deliver components or
equipment or accessories which are of
low quality or have been prohibited to be
used in a motor vehicle under this Act, or
the rules or regulations made thereunder,
or under any other laws or by laws, issued
by a competent authority.
(6) Any person, who contravenes this section,
shall be guilty of an offence:
Provided that no person shall be charged
under this section for an alteration in a
vehicle if the alteration relates to the mere
change of colour or if it does not effect
safety or 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.
174. Approval of design, construction, etc._
(1) Without prejudice to section 173, no
person being a manufacturer, assembler,
dealer or importer shall, sell or offer for
sale or deliver a motor vehicle or trailer or
any equipment, or parts of a motor
vehicle, unless the vehicle or the
equipments or the parts is a type vehicle
or equipment or parts.
(2) In the section-
(a) a type vehicle or equipment or parts refers
to a vehicle or equipment or parts in
respect or which a type approval
certificate has been issued by the
Authority or by an authorized officer or by
the authorized vehicle or equipment
testing station;
(b) a “type approval certificate” means a
certificate issued by the authority
specified in clause (a) of this subsection,
to the effect that the motor vehicle or the
equipment or the parts to which such
certificate relates, complies with the
relevant type approval requirements, and
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -X
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.
(c)
that adequate arrangements have been
made to secure that other vehicles or
equipment or parts, purporting to conform
with that vehicle or equipment or parts, in
the relevant aspect of design,
specifications, construction, weights,
equipment, parts and markings will so
conform in all aspects or with such
variations as is permissible under the
rules or regulations made, or as may be
permitted by the Authority;
the relevant type approval requirement
means, the requirements prescribed, in
respect of design, specifications,
construction, weight, equipment, parts
and markings for a vehicle, equipment or
parts, being requirements under this
Chapter, whether or not the vehicle or
equipment or parts of that class have
been previously used or are being used.
(3) If a motor vehicle is sold or supplied or
offered for sale, manufactured, re-built or
altered in contravention of this section, or
any person who so sells or supplies or
offers for sale, manufacture, re-built or
alters such motor vehicle or parts thereof,
or causes or permits it to be sold, supplied
or offered for sale, or manufactured, rebuilt
or altered, shall be guilty of an
offence:
Provided that the person shall not be
convicted of an offence under this subsection
in respect of the sale, supply, offer
for sale, manufacture, re-built or alteration
of a motor vehicle, or parts or equipment
thereof, if he proves that he had
reasonable cause to believe that the
motor vehicle or the parts or the
equipment, would not be so used until it
had been put into a condition in which it
might lawfully be so used; and that it was
a condition of such sale, supply, offer for
sale or alteration that such motor vehicle
would not be so used until it had been put
into a condition in which it might lawfully
be used under this section, or that it was
sold, supplied, offered for sale, or
manufactured, re-built or altered, as the
case may be, for export from Bangladesh.
(4) The Authority may make regulations,
specifying:-
(a) the procedures for submission and
disposal of application for type approval;
(b)
the type approval of any new model of
motor vehicles;
(c) the quality of manufacturing or
assembling of motor vehicles and the
recall mechanism;
(d) inspection and testing of prototype
vehicle, equipment or parts;
(e)
the issue of type approval certificate, and
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -X
139. Fitting and using of
prohibited horns or other
sound producing device
Whoever uses or being the
owner or person in charge of
motor vehicle fits, causes or
allows fitting of any horns or
any sound producing devices
prohibited by any competent
authority having jurisdiction
over the area or prohibited
under the provision of this
Ordinance or any 121 [ rules or
regulations] made thereunder
or uses horn or any sound
producing device where its use
is prohibited shall be
punishable with fine which may
122
extend to [ one hundred]
Taka.
149. 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
the conditions thereof;
(f) inspection and examination by the
authorized officers, or by the Authority, or
by the authorized testing station, vehicle
purporting to conform with type vehicle,
equipment or parts;
(g) the entry of premises, where such
vehicles or equipment or parts are
manufactured or assembled or repaired;
(h) the notification by the manufacturer or
assembler or dealer of the differences
between any such vehicle and the type
vehicle or the type equipment or the type
parts and any defects thereof;
(i) the sale of vehicle and the issue of
manufacturer's certificate;
(j) affixing of vehicle identification, marking
and weight plate;
(k) the manner in which appeal may be
preferred, by the person aggrieved with
respect to type approval, sale or supply or
alteration and the manner in which such
appeal may be disposed off and the fees
to be charged;
(l) the forms to be used for the purposes of
this section;
(m) the fees and levy to be charged for
examination of vehicle, equipment or
parts and issue of certificate, etc.; and
(n) such other matter as may be prescribed.
175. Fitting and using of prohibited horns._
Any person who uses, or being the driver
or the owner or person in charge of a
motor vehicle fits, causes or allows fitting
of any horns, or any sound producing
devices, prohibited under the provision of
this Act, or any rules or regulations made
there under, or prohibited by any
competent authority having jurisdiction
over the area, or uses a horn or any
sound producing device, where its use is
prohibited, or uses a horn or any sound
producing device continuously or at a time
or place, or in a manner, not permissible
under this Act, or of any rules or
regulations made thereunder, shall be
guilty of an offence.
176. Using of motor vehicles in unsafe
condition._
Any person, who drives or causes or
allows to be driven in any public place, or
in any other place, a motor vehicle or
trailer, or a combination thereof, while
such vehicle or trailer fails to comply with
this chapter or the rules or regulations
made thereunder and the safety
requirements or safety procedures, or has
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -X
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 punishable with
imprisonment for a term which
may extend to one month or
with fine which may extend to
two hundred and fifty Taka, or
with both, or, if as a result of
such defect an accident is
caused, causing bodily injury or
damage to property, with
imprisonment which may
extend to three months, or with
fine which may extend to one
thousand Taka, or with both.
150. Using of motor vehicles
emitting smokes
(1) Whoever drives or causes or
allows or lets out a motor
vehicle for use in any public
place, the smoke of which
would constitute a health
hazard, shall be punishable with
fine which may extend to 149 [
two hundred] Taka.
(2) Any police officer not below the
rank of Sub Inspector of Police
in uniform authorised in this
behalf by the 150 [ Authority or
any Inspector of Motor Vehicles
or other persons authorised in
this behalf by the Authority] may
seize and detain such vehicle
for such time as may be
necessary to ascertain if the
smokes constitute a health
hazard.
(3) No person shall be convicted of
an offence punishable under
sub-section (1) solely on the
evidence of a witness unless
that opinion is based on a test
by the competent person.
84. Power to make rules
(1) The Government may make
rules regulating the
construction, equipment and
maintenance of motor vehicles
and trailers and the
establishment, registration,
operation and supervision of
motor vehicles repairing
workshop.
(2) Without prejudice to the
generality of the foregoing
power, rules may be made
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 vehicle,
using such place, shall be guilty of an
offence; or if as a result of such defect an
accident is caused, causing death or
grievous bodily injury or bodily injury to
another person or damage to the property
of another person, he shall also be guilty
of an offence.
177. Using of motor vehicles emitting
smokes._
(1) Any person who drives, or causes or
allows or lets out, a motor vehicle for use
in any public place, while such vehicle
fails to comply with the emission
standards prescribed for the type,
description or class of vehicle, and
standards of maximum permissible
concentration, or emits smoke exceeding
the permissible limit, or the smokes of
which would constitute a health hazard,
shall be guilty of an offence.
(2) Any police officer, not below the rank of
Sub-Inspector of Police in uniform,
authorised in this behalf by the Authority,
or any Inspector of Motor Vehicles, or
other persons authorised in this behalf by
the Authority, may seize and detain such
vehicle, for such time as may be
necessary to ascertain, if the emission of
smoke is beyond permissible limit, or if
the smokes constitute a health hazard.
(3) No person shall be charged of an offence,
committed under sub-section (1), solely
on the evidence of a witness, unless that
opinion is based on, a test by the
competent person or by the authorized
vehicle testing station.
178. Power to make regulations._
(1) The Authority may make regulations for
the purpose of carrying into effect or to
supplement the provisions of this Chapter,
generally as to the use of motor vehicles
and trailers, their design, construction,
equipment and parts, safety standards,
performance efficiency, road worthiness
and the conditions under which they may
be used, repaired and maintained.
(2) Without prejudice to the generality of the
foregoing power, regulations may be
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -X
under this section governing
any of the following matters
either generally in respect of
motor vehicles or trailers or in
respect of 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 carried;
(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 or restricting the use
as transport vehicles of any
motor vehicle or any motor
vehicle with left hand steering
control;
(l) prohibiting the carrying of
appliances likely to cause
annoyance or danger;
(m) the periodical testing and
inspection of vehicles by
prescribed authorities;
(n) the particulars other than
registration marks to be
exhibited by vehicles and the
manner in which they shall be
exhibited;
(o)
the use of trailers with motor
vehicle;
(p) prohibiting or enforcing the
painting in particular colours of
motor vehicles of particular
descriptions or for particular
purposes or in particular areas;
(q) registration, control and
supervision of establishments
undertaking repair works of
motor vehicles and the
conditions governing such
establishment; and
(r)
any other matter which is to be
(a)
(b)
(c)
(d)
made under this section governing any of
the following matters either generally in
respect of motor vehicles or trailers or in
respect of motor vehicles or trailers of a
particular class or in particular
circumstances, namely:-
the width, height, length, wheel base,
overhang and axle weight of vehicles and
trailers and the loads carried thereby and
the use thereof;
seating arrangements in motor vehicles
and the protection of passengers against
the weather;
the maximum weight unladen, laden of
the motor vehicles and trailers and the
method and conditions of testing such
weights;
the maximum weight to be transmitted to
the road or any specified area thereof, by
a motor vehicle or trailer of any class, or
by any part or parts of such a vehicle or
trailer, in contact with the road, and the
conditions under which the weights may
be required to be tested;
(e) the identification numbers and other
particulars to be marked on motor
vehicles and trailers, and the chassis and
engine and other parts of such vehicles;
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
the fitting and use of safety seat-belts and
head restraints to any class or description
of vehicles, the minimum standards of
quality of material and construction with
respect to road safety seat-belts and the
position in which such safety seat-belts
shall be fixed, and to prohibit the sale or
supply of un-approved safety seat-belts
and exemption of persons from using seat
belts;
handle bars of motor cycles, auto-dippers
and other equipments essential for the
safety of drivers, passengers and other
road-user;
standards of the components used in the
vehicle as inbuilt safety devices;
transportation of goods of dangerous or
hazardous nature to human life;
the fitting of bumper bars and bull bars;
the fitting of mirror, camera, and such
other equipment;
installation and use of radio, audio-visual
or tape recorder type of devices, wireless
set, television, telephone, compact disk or
digital video disc type of devices;
the windscreen, windscreen wipers and
washers;
the mudguards and wheel arches;
carrying of fire extinguishers on motor
vehicles or specified class of motor
vehicles or trailers;
the size (the diameter and the width of
wheels), nature, maximum retail price and
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -X
or may be 96 [ prescribed by the condition of tyres including embossing
rules].
thereon of date and year of manufacture,
and the maximum load carrying capacity,
prohibition or restriction on the use of
particular wheels, tracks or tyres;
(q) number and nature of springs and brakes,
the steering gear and the silencer,
including proper working order and
efficiency;
(r) the fitting and use of safety glasses
including prohibition and restriction on the
use of tinted safety glasses;
(s) fitting and use of signalling appliances,
hazard warning device, lamps, director
indicators and reflectors;
(t) the lights and reflectors to be carried by
vehicles, or vehicles of any class or
description, nature of such lights and
reflectors, the positions in which and the
colour of background on which, they shall
be fixed, the period of lighting;
(u) fuel meter, speed meter, speed regulator,
and such other devices;
(v) use of any type of fuel for propelling motor
vehicles including battery, compressed
natural gas, solar power, liquid petroleum
gas or any other fuel or source of energy,
and the conditions for fitment of a
conversion kit of approved specifications,
compliance to conditions for approval,
retrofitment and other related matters for
such conversion.
(w) the emission of smoke, visible vapour,
sparks, ashes, noxious fumes, gas or grit
or oil, steam or water;
(x) the emission standards and standards of
maximum permissible concentration and
the methods of test for determining such
standards and concentration;
Provided that any matters dealing with the
protection of environment, so far as may
be, shall be made after consultation with
the Ministry dealing with environment;
(y) installation of catalytic convertors in the
class of motor vehicles;
(z) the reduction of noise emitted by or
caused by motor vehicles or components,
and the maximum permissible noise level
or standards and the methods of test for
measuring such level or standards;
(aa) affixing and use of audible signals such as
horn, gong, bells or other similar devices;
(bb) the embossment of chassis number and
engine number and the date of
(cc)
manufacture;
warranty after sale of vehicle and norms
therefor;
(dd) prohibiting or restricting the use as
transport vehicles of any motor vehicle or
any motor vehicle with left hand steering
control or with steering bar
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -X
(ee) the type approval requirements, variation,
modification, suspension and cancellation
of type approval certificate, and
exemption from such certificates;
(ff) prohibiting the sale of equipment
designed or intended to be used in, or in
connection with motor vehicles, if the
equipment is not of approved type or has
not been approved by the Authority;
(gg) issue of manufacturer's certificates and
exemption from such certificate;
(hh) prohibiting the carrying of appliances
likely to cause annoyance or danger;
(ii) the periodical testing and inspection of
vehicles, equipment and components by
the Inspector of Motor Vehicles or by
authorized officers, stations and other
prescribed authorities;
(jj)
(kk)
(ll)
testing of condition of vehicles on roads;
method and facilities for testing stability of
different types of vehicles with or without
load;
the particulars other than registration
marks to be marked and exhibited by
vehicles and the manner in which they
shall be marked and exhibited;
(mm) the towing or drawing of vehicles by towtrucks,
or other motor vehicles and the
manner of attachment, control of tow-truck
operation, the use of trailers with motor
vehicle;
(nn) prohibiting or enforcing the painting in
particular colours of motor vehicles of
particular descriptions or for particular
purposes or in particular areas;
(oo) registration, control and supervision of
establishments undertaking repair works
of motor vehicles and the conditions
governing such establishment;
(pp) the establishment, registration, control,
operation, authorization and manning of
vehicle testing station;
(qq) exemption of any class of motor vehicles
or persons from the provisions of this
Chapter or from any rules or regulations
made there under and the conditions
governing such exemption ; and
(rr)
any other matter which is to be or may be
prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XI : MANUFACTURER, ASSEMBLER AND DEALERS .......................................... 235
179. Interpretations._ ........................................................................................................... 235
180. Requirement of dealer's license._ ............................................................................. 235
181. Requirement of used parts dealer, wreckers and builders license._ ................. 236
182. Trade certificate._ ........................................................................................................ 236
183. Notifying safety-related defects in motor vehicles._ ............................................ 238
184. Power to make regulations._ ..................................................................................... 241
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XI
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
Proposed a
new law to
replace the
MVO 1983
CHAPTER XI : MANUFACTURER,
ASSEMBLER AND DEALERS
179. Interpretations._
For the purposes of this chapter the following
words and phrases have the meanings ascribed
to them:
(a) "rebuilt salvage vehicle" means any
salvage vehicle which has been rebuilt
and certified by the authorized officer or
authorized vehicle testing station for the
purpose of registration;
(b) "reconstructed vehicle" means every
vehicle of a type required to be registered
under this Act, materially altered from its
original construction by the removal,
addition or substitution of essential parts,
new or used; and
(c) "salvage vehicle purchaser" or "junk
vehicle purchaser" means any person
other than an insurer who purchases or
otherwise obtains possession of a salvage
vehicle or a junk vehicle.
180. Requirement of dealer's license._
(1) No person unless licensed or registered to
do so by the Authority or other prescribed
authority, under the provisions of this
section, shall carry on, or conduct the
business of a manufacturer or assembler
or importer of motor vehicles or dealer in
motor vehicles, trailers or semi-trailers,
whether new or used, or in their parts or
equipment or in the repair of such vehicles
or parts or equipment.
(2) A dealer's license or registration and the
application for such license or regstration
or for its renewal shall be in such forms
and shall contain such information as may
be prescribed by regulation.
(3) A dealer's license or registration may be
applied for, granted renewed or refused or
rejected or suspended or cancelled in
accordance with the regulations made in
this behalf.
(4) Every application for a dealer's license or
registration or for its renewal or for a
duplicate of such license or registration
shall be verified by the oath or affirmation
of the applicant, either individually or in
the event of an applicant is an
organisation by an officer thereof and shall
be accompanied by such documents, levy
Inserted new
Inserted new
Inserted new
11-235

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XI
or fees as may be prescribed or
determined in respect.
(5) Every licensee under this section shall
maintain such inventory and such records
as may be prescribed and every such
inventory or records and the premises of
the licensee shall be subjected to
inspection to any reasonable time by a
authorized police officer or by the
Inspector of Motor Vehicles or such other
officer as may be authorised or
designated by the Authority or by the
Authority itself.
(6) Any licensee, before moving to anyone or
more of licensee's places of business or
opening any additional place of business,
shall apply to the Authority for and obtain
a supplemental license.
(7) Any person who contravenes or fails to
comply with the requirements of this
section shall be guilty of an offence.
181. Requirement of used parts dealer,
wreckers and builders license._
(1) No person shall except as an incident to
the sale or servicing of vehicles, carry on
or conduct the business of selling used
parts or used accessories for vehicles,
wrecking or dismantling vehicles for resale
of parts thereof, or re-building of wrecked,
dismantled vehicles or salvaged vehicles
or undertaking the repair works of motor
vehicles, unless licensed do so by the
provisions of this section.
(2) The provisions of sub-sections (2), (3), (4),
(5), and (6) of section 180 shall be
applicable unless by their way or nature
can have no application to the license for
used parts dealer, wreckers and rebuilders
and the licensee.
(3) Any person who contravenes or fails to
comply with the requirements of this
section shall be guilty of an offence.
182. Trade certificate._
(1) A manufacturer or an assembler or
repairer of or a dealer in motor vehicles,
may in lieu of taking out an Authorization
Certificate under sub-section (5) of section
90, take out a motor vehicle trade
certificate in respect of each motor
vehicle used for demonstration purposes
by such body or person in connection with
his business, on an application made in
the prescribed manner, with prescribed
levy or fee, to the registering authority of
the area in which his business premises
are situated; and the registering authority
may, subject to such conditions as may be
prescribed, and on such inquiry as may be
necessary, issue to such body or person,
Inserted new
Inserted new
11-236

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XI
a motor vehicle trade certificate in
prescribed form for such period as may be
prescribed.
(2) The holder of a motor vehicle trade
certificate issued under this section shall
not be entitled by virtue of such certificate-
(a)
(b)
to use more than one motor vehicle at any
one time, except in the case of a motor
vehicle drawing a trailer and used for the
prescribed purposes; or
to use any motor vehicle for any purpose
other than such purposes as may be
prescribed.
(3) Nothing in this section shall operate to
prevent a person entitled to take out a
motor vehicle trade certificate, from
holding two or more such certificate.
(4) A motor vehicle trade certificate shall not
be granted until the applicant has
produced evidence, to the satisfaction of
the registering authority, that during the
period of validity of such certificate there
will be in force such policy of insurance or
such security as complies with the
requirements of section . . . . . . in respect
of the use of motor vehicles in accordance
with such certificate.
(5) A motor vehicle trade certificate shall not
be assigned or transferred.
(6) A motor vehicle trade certificate may be
applied for, granted, renewed, varied,
refused or surrendered in such manner
and in such forms and to such authority,
as may be prescribed; and such a
certificate may be suspended or cancelled
or restored by the authority which granted
the license or by a prescribed authority,
for reasons to be recorded in writing after
hearing the applicant for or the holder of
the certificate.
(7) No motor vehicle trade certificate under
this section shall be granted in respect of
any heavy or medium motor vehicle or any
semi-trailer unless the applicant satisfies
the authority with a vehicle parking
certificate or a document in respect of the
parking of the vehicle for the period for
which the certificate is applied for, issued
by the relevant authority and certified by
an authorized officer.
(8) Subject to the provisions of any rules or
regulations made in this behalf, a motor
vehicle trade certificate shall be granted
for the vehicle(s) and the purposes
specified in the application, or with such
variation as the authority issuing the trade
certificate deems appropriate, and shall
not entitle the person to whom it is issued,
to keep or use any other vehicle, or
greater number of vehicle, or use the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XI
151. 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 punishable with
imprisonment which may extend
to two years, or with fine which
may extend to five thousand
Taka or with both:
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.
vehicle in any other time or day or for the
purpose not specified in the trade
certificate.
(9) The holder of a motor vehicle trade
certificate, may, at any time surrender
such certificate to the authority which
granted it, and shall on such surrender, be
entitled to repayment, by way of rebate of
such amount as may be prescribed, for
the remaining number of calendar months,
for which the certificate would have been
in force.
Provided that proceedings to secure such
rebate or the repayment of any excess
payment for such a certificate shall be
brought at least before the expiration of
three months from the expiry date of such
certificate.
(10) Any person who contravenes or fails to
comply with the requirements or
conditions of a trade certificate under this
section shall be guilty of an offence.
183. Notifying safety-related defects in
motor vehicles._
(1) Any person being a manufacturer,
assembler or dealer of motor vehicles
shall, on becoming aware of any safety-
Transferred,
modified,
provisions
incorporated in
other sections
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XI
(a)
(b)
(c)
(i)
(ii)
related defect in any vehicle manufactured
or assembled or sold by him, cause a
notice of the defect to be given to:
the Authority, the authority responsible to
issue auhorization certificate to motor
vehicles and the registering authority;
each person who has procured such a
vehicle from the manufacturer, assembler
or dealer; and
each current owner of such a vehicle as
determined from:
any warranty issued by the manufacturer,
assembler or dealer, with respect to the
functioning of the vehicle that has, to the
knowledge of the manufacturer,
assembler or dealer or importer, been
given, sold or transferred to the current
owner; or
the vehicle authorization and registration
records as kept by the authority
responsible for the issue of authorization
certificate or by the registering authority of
motor vehicles.
(2) Where the authority responsible for the
issue of authorization certificate or the
registering authority of motor vehicles is
satisfied that the name of the current
owner of a vehicle cannot reasonably be
determined by a manufacturer, assembler
or dealer in accordance with subsection
(1) (c), the Authority or the authority
responsible for the issue of authorization
certificate or the registering authority may:
(a)
(b)
order the manufacturer, assembler or
dealer to give notice of the defect by
publication in all prominent daily
newspapers in Bangladesh or by
dissemination in such alternative printing
or electronic medium for such period as
the Authority or the authority responsible
for the issue of authorization certificate or
the registering authority may determine; or
order that the current owner need not be
notified.
(3) A notice required to be given under
subsection (1) or (2) shall be in such form
as the Authority or the authority
responsible for the issue of authorization
certificate or the registering authority may
require and shall:
(a)
(b)
contain a description of the defect, an
evaluation of the safety risk arising from it,
and the directions for rectifying it; and
state the time and place at which the
person to whom the notice is given may
present his vehicle in order that the defect
may be rectified by the manufacturer or
assembler or dealer or his agent.
(4) Any manufacturer, assembler or dealer of
motor vehicles who causes any notice to
be given under subsection (1) or (2) in
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XI
(a)
(b)
connection with any safety-related defect
in any vehicle manufactured, assembled,
imported or sold by him shall:
within a period of one month from the date
on which such notice is given; and
thereafter, within such subsequent period
as the Authority or the authority
responsible for the issue of authorization
certificate or the registering authority may
require;
submit to the Authority or the authority
responsible for the issue of authorization
certificate or the registering authority, in
such form as the Authority or the authority
responsible for the issue of authorization
certificate or the registering authority may
require, a report containing such
information relating to the safety-related
defect and its rectification as the Authority
or the authority responsible for the issue
of authorization certificate or the
registering authority may require.
(5) Any person who, being a manufacturer,
assembler or dealer of motor vehicles:
(a)
(b)
fails to comply with the requirements of
sub-section (1), (3) or (4) or any order
given by the Authority or licensing
authority of motor vehicles or the
registering authority under sub-section
(2) (a); or
fails to rectify or secure the rectification
by his agent of any safety-related defect
in any vehicle that is presented for
rectification pursuant to a notice given by
the manufacturer, assembler or dealer
under this section, shall be guilty of an
offence.
(6) Any person who, being the owner of a
vehicle in respect of which a notice has
been given by a manufacturer or
assembler or dealer under this section,
fails to produce the vehicle for rectification
within such period as may be specified in
the notice or such other period as the
Authority or the authority responsible for
the issue of authorization certificate or the
registering authority of motor vehicles may
allow, shall be guilty of an offence.
(7) The Authority may make regulations for
the purposes of carrying this section into
effect.
(8) In this section—
"dealer" means a person who is engaged
in the business of importing or selling
vehicles;
"safety-related defect" , in relation to a
motor vehicle, means a feature of the
design or construction of the vehicle that
is liable to cause significant risk of
personal injury or death to any person
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XI
using the vehicle or any other road user,
and includes any defect relating to a
component or parts of the vehicle that is
bought by the manufacturer or the
assembler of the vehicle from a supplier
and sold by the manufacturer, assembler
or dealer of the vehicle together with the
vehicle as original equipment.
184. Power to make regulations._
(1) The Authority may make regulations for
the purpose of carrying into effect the
provisions of this Chapter.
(2) Without prejudice to the generally of the
foregoing power, such regulations may
provide for the following:
Inserted new
(a) the procedures for submission and
disposal of application for a dealer’s
license or dealer’s registration or a trade
certificate;
(b) the issue of a dealer’s license or dealer’s
registration or a trade certificate, and the
conditions thereof;
(c) the notification by the manufacturer or
assembler or dealer of any safety-related
defect in any vehicle manufactured or
assembled or sold by him;
(d) the levy of tax, method or manner for
determining the amount of tax and fee for:
(i) a dealer’s license or dealer’s registration
to carry on, or conduct the business of a
manufacturer or assembler or importer of
motor vehicles whether new or used, or
dealer in motor vehicles, trailers or semitrailers
or in their parts or equipment; or
(ii) a dealer’s license or dealer’s registration
to carry on or conduct the business of
selling used parts or used accessories for
vehicles, wrecking or dismantling vehicles
for resale of parts thereof, or re-building of
wrecked, dismantled vehicles or salvaged
vehicles or undertaking the repair works of
any motor vehicles; or
(iii) a trade certificate to use a motor vehicle in
connection with his business as a
manufacturer or an assembler or repairer
of or a dealer in motor vehicles in lieu of a
motor vehicle
(e) rebate on all or any part of the levy
payable for the dealer’s license or the
certificate and the circumstances;
(f) fees and deposits for the submission of
the application for a dealer’s license or a
trade certificate and forfeiture of deposits
for non-compliance of any coditions
governing the submission of such
application or refund on prescribed
grounds;
(g) limit on the number of dealer’s license or
the trade certificate to be issued for
11-241

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XI
different category, class or description of
vehicle and the bid for the license;
(h) the period for which and the conditions
upon which a dealer’s license or a trade
certificate may be issued, suspended, or
cancelled and the refund of all or any part
of the levy paid for the license or the
certificate and the circumstances;
(i) renewal of a dealer’s license or the trade
certificate before or after its expiry and the
levy, fee or deposits to be paid there for;
(j) issue of supplementary dealer’s license or
registration or trade license or duplicate
dealer’s license or registration or trade
certificate in lieu of the license or the
certificate lost or damaged with or without
charges;
(k) exemption of a vehicle or a person from all
or part of levy, fees or deposits and the
circumstances;
(l) warranty after sale of vehicle and norms
therefor;
(m) the inspection of the premises, vehicles,
equipment, facilities of a manufacturer or
assembler or importer of motor vehicles,
or dealer in motor vehicles, trailers or
semi-trailers or in their parts or equipment
by the Inspector of Motor Vehicles or by
authorized officers and other prescribed
authorities;
(n) the registration marks and other
particulars to be marked and exhibited by
vehicles used under dealer’s license or
trade certificate and the manner in which
they shall be marked and exhibited;
(o) the appeal and the manner in which
appeal may be preferred, by the person
aggrieved with respect to a dealer’s
license or dealer’s registration or a trade
certificate and the manner in which such
appeal may be disposed off and the fees
to be charged;
(p) the forms to be used for the purposes of
this Chapter;
(q) exemption of any class of motor vehicles
or persons from the provisions of this
Chapter or from any rules or regulations
made there under and the conditions
governing such exemption;
(r) all other matters which are incidental or
necessary and required to be prescribed
for carrying out or giving effect to this
Chapter;
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
-DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XII : USE OF ROADS AND HIGHWAYS .................................................................. 243
185. The Highway Code._ ........................................................................................................ 243
186. Traffic Sign Manual._ ....................................................................................................... 243
187. Official traffic-control devices._ ..................................................................................... 244
188. Power to erect traffic signs._ ......................................................................................... 245
189. Obedience to traffic directions._ ................................................................................... 247
190. Display of unauthorised signs, signals, or markings._ ............................................. 249
191. Speed limit._ ..................................................................................................................... 249
192. Limits of weight, dimension and limitation on use._ ................................................ 251
193. Loads on vehicles._ .......................................................................................................... 253
194. Power to have vehicle weighed._ .................................................................................. 254
195. Power to restrict the use of vehicle._ .......................................................................... 256
196. Power of local authorities in respect of traffic._ ........................................................ 257
197. Removal of traffic hazards._ .......................................................................................... 259
198. Restricted use of loading zones._ ................................................................................. 260
199. Transit bus and high occupancy vehicle lanes._ ........................................................ 260
200. Restrictions on use of controlled-access roadway._ ................................................. 261
201. Temporary prohibition or restriction of traffic on road._ ......................................... 261
202. Drive on left side of the road._ ..................................................................................... 262
203. Driving on carriageways laned for traffic._ ................................................................. 263
204. Restrictions of vehicles on bridges._ ............................................................................ 264
205. Limitations on turning around or reversing._ ............................................................. 264
206. Emerging from alley, driveway or building._ ............................................................. 265
207. No passing zones._ .......................................................................................................... 265
208. One way road and rotary traffic islands._ ................................................................... 265
209. Driver transporting hazardous material._ ................................................................... 266
210. When lighted lamps are required._ .............................................................................. 266
211. Driving on a down-grade and on mountain highways._ .......................................... 267
212. Restrictions on following a vehicle._ ............................................................................ 267
213. Stop when traffic obstructed._ ...................................................................................... 267
214. On approach of authorised emergency vehicles._ .................................................... 268
215. Privileges of Emergency vehicles._ .............................................................................. 268
216. Power to restrict pedestrian crossing._ ....................................................................... 269
217. Power to remove structures from roads._ .................................................................. 269
218. Power to construct refuge, subway and foot-bridge._ ............................................. 271
219. Construction of structures for advertisement._ ......................................................... 271
220. Construction of access and laying of public utility installations._ .......................... 272
221. Liability for damage to highway or structure._ .......................................................... 274
222. Putting garbage, glass, etc., on highway prohibited._ ............................................. 274
223. Highway construction and maintenance._ .................................................................. 275
224. Parking places and halting stations._ .......................................................................... 275
225. Parking not to obstruct traffic._ .................................................................................... 276
226. Parking for certain purposes prohibited._ ................................................................... 276
227. Highway Collection._ ..................................................................................................... 277
228. Power to make regulations._ ......................................................................................... 278
12-i

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
Proposed a
new law to
replace the
MVO 1983
CHAPTER I
PRELIMINARY
CHAPTER XII : USE OF ROADS AND
HIGHWAYS
185. The Highway Code._
(1) The Authority shall, with the prior approval
of the Government, issue a code to be
known as "The Highway Code",
comprising proper directions for the
guidance of persons using roads and
highways, and may likewise revise the
Highway Code by revoking, varying,
amending or adding to the provisions
thereof in such manner as it thinks fit.
(2) The Highway Code shall continue to have
effect subject to revision in accordance
with sub-section (1).
(3) The Authority shall cause the Highway
Code and every revised edition thereof, to
be printed, and May, cause copies thereof,
to be supplied free of charge or sold to the
public, at such price as it may determine.
(4) The Authority may take, such other steps
as it thinks fit, to secure and bring the
provisions of the code, to the notice of the
public.
(5) A failure, on the part of a person, to
observe a provision of the Highway Code,
shall not of itself render that person, liable
to criminal proceedings of any kind, but
any such failure may, in any proceedings,
whether civil or criminal, and including
proceedings for an offence under this Act,
be relied upon by any party to the
proceedings, as tending to establish or to
negate any liability, which is in question in
those proceedings.
186. Traffic Sign Manual._
(1) The Authority shall, adopt a national traffic
sign manual and specifications, for a
uniform system of traffic control devices,
consistent with the provisions of this Act,
for use upon any roads or highways within
Bangladesh.
(2) The highway authorities, the local
authorities or the city traffic engineer shall
place and maintain or caused to be placed
or erected and maintained such traffic
control devices conforming to the manual
and specifications upon all the roads and
highways under the respective
Inserted new
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
jurisdictions as it shall deem necessary to
indicate and carry out the provisions of
this Act or to regulate, warn or guide
traffic.
(3) No person shall sell or offer for sale any
sign, signal, marking or other device
intended to regulate, warn or guide traffic
unless it conforms to the traffic sign
manual and specifications adopted under
this section.
(4) Any person who contravenes sub-section
(3) shall be guilty of an offence.
(5) No local authority or city traffic engineer
shall place or maintain any traffic control
device upon any highway under the
jurisdiction of the national highway
authority.
187. Official traffic-control devices._
(1) No provision of this Act, for which official
traffic-control devices are required shall be
enforced against an alleged violator if at
the time and place of the alleged violation
an official device is not in proper position
and sufficiently legible to be seen by an
ordinarily observant person.
(2) Whenever a particular section does not
state that official traffic-control devices are
required, such section shall be effective
even though no devices are erected or in
place.
(3) No prohibition, regulation, or limitation
relating to stopping, standing, or parking
imposed under this Act or under any other
law for the time being in force, shall be
effective unless official traffic control
devices are erected and in place at the
time of any alleged offence.
(4) Whenever official traffic-control devices
are placed in position approximately
conforming to the requirements of this Act,
such devices shall be presumed to have
been so placed by the official act or
direction of lawful authority, unless the
contrary shall be established by
competent evidence.
(5) Any official traffic-control device placed
pursuant to the provisions of this Act and
purporting to conform to the lawful
requirements pertaining to such devices
shall be presumed to comply with the
requirements of this Act, unless the
contrary shall be established by
competent evidence.
(6) Any person, who without lawful authority
or willfully, attempt to or in fact damage,
alter, twist, deface, injure, knock down,
remove or in any way tamper or interfere
with the effective operation of any official
Inserted new
12-244

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
89. Power to erect traffic signs
(1) The Government or any authority
authorised in this behalf by the
Government may cause or
permit traffic signs to be placed
or erected in any public place
for the purpose of bringing to
public notice any speed limit
fixed under sub section (2) of
section 85 or any prohibition or
restriction imposed under
section 88, or generally for the
purpose of regulating motor
vehicle traffic.
(2) Traffic signs erected under
sub section (1) 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
the Government or any
authority empowered in this
behalf by the Government may
make or authorise the addition
to any sign set forth in the said
Schedule, or transcriptions of
the words, letters or figures
thereon in such script as the
Government may think fit,
provided that the transcriptions
shall be of similar size and
colour to the words, letters or
figures set forth in the Ninth
Schedule.
(3) Except as provided by sub
section (1) 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 sub section
(1).
(4) The Government may, by
notification in the official
Gazette, empower any District
Magistrate or Superintendent of
Police or the Commissioner of
Police in the Metropolitan Areas
traffic-control device or any railroad sign or
signal or any inscription, shield or insignia
thereon, or any other part thereof, shall be
guilty of an offence.
188. Power to erect traffic signs._
(1) The Government or the Authority or the
city traffic engineer, or any highway
authority having jurisdiction over the area
or the road or the highway or any other
authority authorised in this behalf by the
Government or by the Authority or by any
law in force, shall in consultation with the
Authority or the Regional Transport
Authority of the area, the chief of police of
the area, and chief road transport officer of
the area, cause or permit traffic control
devices to be placed or erected in the road
or highway or in any public place,
generally for the purpose of regulating,
warning or guiding vehicular traffic and/or
pedestrian or animal traffic or for the
purpose of bringing to public notice any
speed limit fixed under sub-section (4) of
section 191 or any prohibition or restriction
imposed under section 195 or 198 or 201
or 204.
(2) Any highway authority or any local
authority or any city traffic engineer having
jurisdictions over the highway or the area,
on the basis of an engineering and traffic
investigation may, by erecting and
maintaining at suitable places of the
appropriate official traffic control devices,
designate certain roads as arterial roads
or main roads or busy roads or through
highways, or designate intersections or
other roadways junctions, at which
vehicular traffic on one or more of the
roadways should yield or stop and yield
before entering the main road, intersection
or junction or rail-road crossing for the
purposes of driving regulations made here
under this Act or any rules or regulations
made there under, failure to which the
person driving the vehicle shall be guilty of
an offence.
(3) The authority, which erected a traffic sign
or signal, may from time to time service or
repair any traffic sign or traffic control
signal, and when necessary, or may alter,
change, remove, any traffic sign or signal,
if deems fit, or if the traffic sign or signal,
does not conform to that prescribed or
specified, by the Authority under section
186.
(4) The traffic signs erected under sub-section
(1) or (2) , for any purpose, shall be of the
size, colour and type as may be specified
in Traffic Sign Manual, under section 186,
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
or any other prescribed
authority to remove or cause to
be removed any sign or
advertisment which is so placed
in his opinion as to obscure any
traffic sign from view or any sign
or advertisement which is in his
opinion so similar in
appearance to a traffic sign as
to be misleading.
(5) No person shall wilfully
remove, alter, deface or in any
way tamper with, any traffic
signs placed or erected under
this section.
(6) If any person accidentally
causes such damage to traffic
sign as renders it useless for
purpose for which it is placed or
erected under this section, he
shall report the circumstances
of the occurrence to a police
officer or at a police station as
soon as possible, and in any
case within twenty four hours of
the occurrence.
(7) For the purpose of bringing
the signs set forth in the Ninth
Schedule in conformity with any
International Convention
relative to motor traffic to which
the Government is for the time
being a party the Government
may, by notification in the
official Gazette, make any
addition or alteration to any
such notification, and the Ninth
Schedule shall be deemed to
be amended accordingly.
91. Main roads
The Government or any authority
authorised in this behalf by the
Government may, by
notification in the official
Gazette or by the erection at
suitable places of the
appropriate traffic sign referred
to in Part A of the Ninth
Schedule, designate certain
roads as main roads for the
purposes of the regulations
contained in the Tenth
Schedule.
except where the Government or the
Authority, authorises the erection or
retention of a sign of another character;
and for the purpose of this sub-section,
illumination, whether by lighting or by use
of reflectors or reflecting material, or the
absence of such illumination shall be part
of the type or character of a sign.
(5) Except as provided by sub-section (1) or
(2), no traffic sign shall, after the
commencement of this Act, be placed or
erected on or near any road; but all traffic
signs, erected prior to the commencement
of this Act, by any competent authority
shall, for the purposes of this Act, be
deemed to be traffic signs, erected under
the provisions of sub-section (1) or (2), so
long these are not different, from the traffic
signs, prescribed under section 186.
(6) Any local authority, or any city traffic
engineer, or any highway authority, having
jurisdictions over the area or the highway,
or the Authority or any other prescribed
authority, is here by empowered, to
remove or cause to be removed, or cut
down, any unauthorised sign or
advertisement, which is so placed or any
tree or vegetation, which is so growing, in
his opinion as to obscure any traffic sign
or the road ahead from view, or interferes
with the effectiveness of the traffic control
devices, or any sign or advertisement,
which is in his opinion, so similar in
appearance to, or so closely resembles a
traffic sign, as to be misleading or which in
his opinion is likely to distract the attention
or concentration of the driver.
(7) If any person, accidentally causes such
damage to a traffic sign or signal, as
renders it useless for purpose, for which it
is placed or erected under this section, he
shall report the circumstances of the
occurrence, to a police officer or at a
police station as soon as possible, and in
any case within twenty four hours of the
occurrence, failure to which he shall be
guilty of an offence.
(8) For the purpose of bringing the signs
prescribed under section 186 in conformity
with any International Convention relative
to motor traffic to which the Government is
for the time being a party, the Government
or the Authority may direct any addition or
alteration to any of the traffic sign
prescribed and the traffic sign shall be
deemed to have been prescribed
accordingly.
(9) Every prohibited sign, signal or marking, is
hereby declared, to be a public nuisance,
and the authority having jurisdiction over
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
92. 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
to him by any police officer for
the time being engaged in the
regulation of traffic in any public
place.
(2) In this section “mandatory
traffic sign” means a traffic sign
included in part A of the Ninth
Schedule, or 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
the road or highway, is hereby empowered
to remove the same or cause it to be
removed without notice.
(10) Any person or public body authorized
under any law to do or cause to be done
any work on a road shall place and
maintain or cause to be placed and
maintained on or near any road such
traffic signs as are necessary or expedient
to prevent or mitigate danger to persons
so working on such road or to or from
traffic whilst such work is being carried
out.
(11) Any police officer or other officer or
authority or person acting in the course of
his duty, may, cause or permit to be
placed and maintained on or near any
road any traffic sign which may be
necessary or expedient to give effect to
any regulations or orders lawfully given or
made under any powers conferred upon
any police officer or other officer, authority
or person by any law relating to the
prohibition, restriction, regulation or control
of traffic or the search of vehicles or
persons on such road or which may be
necessary or expedient to prevent or
mitigate congestion or obstruction of traffic
or danger to or from traffic in consequence
of extraordinary circumstances:
Provided that no such sign shall be
maintained for any period longer than may
be necessary for such purpose.
(12) Any person, who without just cause or
reasonable grounds fails to comply with
the orders or direction given under subsection
(11), shall be guilty of an offence.
189. Obedience to traffic directions._
(1) Every driver of a motor vehicle shall,
subject to the exceptions granted under
this Act, or subject to just cause or
reasonable excuse, drive the vehicle in
conformity with any indication or direction
conveyed by a mandatory traffic signs,
traffic control signal and road marking and
in conformity with the driving regulations
as set forth herein this Act or as may be
prescribed.
(2) Every road user including the driver of a
motor vehicle shall, subject to the
exceptions granted under this Act, comply
with all directions and instructions
conveyed by traffic signs, traffic control
signals and the road marking and given to
him in the prescribed manner or otherwise
by any police officer in uniform or other
authorised or prescribed person for the
time being engaged in the regulation of
traffic or in the execution of his duty in any
Modified
12-247

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
purpose of regulating motor
vehicle traffic under sub section
(1) of section 90.
(3) Every driver of a motor
vehicle shall stop on the
appropriate line near every
pedestrian crossing so marked
where there is a pedestrian on
the crossing.
140.
(2) Whoever, otherwise than with
lawful authority or reasonable
excuse, drives or causes to be
driven a motor vehicle in
opposite direction on one way
road or contrary to any notice
shall be punishable with fine
which may extend to 125 [ two
hundred] Taka.
public place or at the scene of an accident
or when required for any purposes
specified in this Act or any rules and
regulations made thereunder.
(3) Subject to section 215, sub-section (1)
and (2) shall not apply to the driver of an
emergency vehicle or the vehicle of an
authorized officer who is performing any of
the duties which he is entrusted or
empowered by this Act or by any rules and
regulations made thereunder to perform, if
it becomes expedient to do so and if it is
done with due care and attention and in
the manner prescribed.
(4) No person shall, otherwise than with lawful
authority, or without just cause or
reasonable excuse, cross or drive a motor
vehicle or cause to be driven a motor
vehicle, on the right side of a centre line or
separation line or on the right side of a
traffic island or drive a motor vehicle in the
opposite direction on a one way road or
contrary to any notice.
(5) A person driving a vehicle upon a road
shall not leave the roadway and drive
across private or public property adjacent
to an intersection in order to gain a
forward position or to avoid stopping for a
traffic-control signal, or otherwise drive off
the roadway in order to avoid compliance
with any traffic law or official traffic-control
device or shall not neglect or refuse to
stop the vehicle or make it proceed in or
keep it to a particular line of traffic when
directed to do so by a police officer or
other authorized person in the execution
of his duty.
(6) Any person, who willfully disobeys or
without just cause or reasonable excuse
fails to comply sub-section (1), (2), (4) or
(5) or neglects or refuses to stop the
vehicle or to make it proceed in or keep to
a particular line of traffic when directed to
do so by a police officer or other
authorised person in the execution of his
duty shall be guilty of an offence.
(7) In this section mandatory traffic signs
mean any traffic sign specified as such in
the Traffic Sign Manual adopted under
section 186 or any traffic sign of similar
form and erected for the purpose of
regulating traffic under sub-section (1) of
section 188.
(8) A person committing an offence under this
section or under section 187 shall, on
demand by a police officer or other
authorized person give his name and
address and the license if any to the police
officer or the other authorized person
making the demand, failing to do so, he
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
85. 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 under any
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) The Government or any
authority authorised in this
behalf by the Government may,
shall be guilty of an offence.
190. Display of unauthorised signs, signals,
or markings._
(1) No person shall place, maintain or display
upon or in view of any highway, any
unauthorised sign, signal, marking, or
device which purports to be or is an
imitation of or resembles an official trafficcontrol
device or railroad sign or signal, or
which attempts to direct the movement of
traffic, or which hides from view or
interferes, with the effectiveness of an
official traffic-control device, or any
railroad sign or signal, erected or placed
by the appropriate authority.
(2) No person shall place or maintain, nor
shall any public authority permit, upon any
highway, any official traffic control device,
bearing thereon any commercial
advertising, except for business signs
included as a part of official motorist
service panels, or roadside area
information panels, approved by the
highway authority or the local authority,
having jurisdictions over the area or the
roads and highways:
Provided that nothing in this section shall
debar the competent authority from
licensing or leasing out spaces available
beside roads and highways for
commercial purposes: namely -
advertising, hoarding etc.
(3) This section shall not be deemed to
prohibit, the erection, upon private
property adjacent to highways, of signs,
giving useful directional information, and
of a type that cannot be mistaken for an
official signs and authorized traffic control
device.
(4) Any person who contravenes sub-section
(1) or (2) shall be guilty of an offenc.
191. Speed limit._
(1) No person shall drive a motor vehicle, or
permit or cause or allow a motor vehicle or
a combination thereof, to be driven, on
any road or highway, or in any public
place or in any other place, at a speed
exceeding the national speed limit, or
exceeding the maximum or below the
minimum speed, fixed or prescribed for
the vehicle, and for the road or highway,
by the Government, or by any appropriate
authority under this Act, or any rules or
regulations made there under, or by the
respective road or highway authority or by
any appropriate authority, under any other
law for the time being in force, and
indicated by the appropriate speed limit
Inserted new
Modified
12-249

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
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, and by
causing appropriate traffic signs
to be placed or erected under
section 89 at suitable places, fix
such maximum speed limits as
it thinks fit for the 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:
Provided that where any
restriction under this section is
to remain in force for not more
than one month, notification
thereof in the official Gazette
shall not be necessary.
142. Driving at excessive speed
131 [ (1) Whoever drives any motor
vehicle or a tractor or a
locomotive in contravention of
section 85 shall be punishable
for a first offence with
imprisonment for a term which
may extend to one month or
with fine which may extend to
three hundred Taka or with both
and for any subsequent offence
with imprisonment for a term
which may extend to three
months, or with fine which may
extend to five hundred Taka, or
with both and his driving licence
shall be suspended for a period
not exceeding one month.
(2) Whoever causes any person
who is employed by him or is
subject to his control in driving
to drive a motor vehicle in
contravention of section 85
shall be punishable for a first
offence with imprisonment
which may extend to one
month, or with fine which may
extend to three hundred Taka,
or with both and for any
subsequent offence with
imprisonment which may extend
to three months, or with fine
which may extend to five
hundred Taka, or with both.]
sign, for the road or for the area or for the
vehicle, and also at a speed greater than
that is reasonable and prudent, under the
prevailing conditions, and circumstances,
having regard to the actual and potential
traffic or hazards, than existing in the
place, unless exempted, on special
grounds or occasions or purposes, by the
Government or any authority, authorized
in this behalf by the Government, or
empowered by or under any law in force.
(2) Consistent with the provisions of subsection
(1), every person shall drive at a
safe and appropriate speed, when
approaching and crossing a main road, an
inter-section, or rail road grade crossing;
when approaching and going around a
curve; when approaching a hill crest, when
travelling upon any narrow or winding
road; when passing through an urban area
or hospital or school or residential area;
and when special hazard exist, with
respect to pedestrians or other traffic, or
by reason of weather or highway
conditions.
(3) The Authority shall, by regulations,
prescribe the maximum limit of speed, for
different classes of motor vehicles.
(4) The Government or the Authority, or the
city traffic engineer or any highway
authority, having jurisdiction over the area
or the highway, or any other authority,
authorised in this behalf by the
Government or by the Authority, whenever
upon the basis of an engineering and
traffic investigation, determines that any
maximum speed herein before set forth, is
greater or less than is reasonable or safe,
under the conditions found to exist, at any
inter-section or other place, or upon any
part of the road or highway and, if satisfied
that it is necessary, to restrict the
maximum or minimum speed of motor
vehicles, in the interest of public safety or
convenience, or because of the nature of
any vehicle, road or bridge, or density of
traffic, may, determine and declare a
reasonable and safe maximum or
minimum limit there at, and may by
causing appropriate traffic signs, to be
placed or erected under section 188, at
suitable places, fix such maximum or
minimum speed limits, as it thinks fit for
the motor vehicles or any combination
thereof, or any specified class of motor
vehicles, or for motor vehicles to which a
trailer is attached, either generally or in a
particular area, such as urban, rural,
residential, hospital and school or on a
particular road or roads.
12-250

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
(3) and (4) [Omitted by section
20 of the Motor Vehicles
(Amendment) Act, 1990 (Act
No. XIX of 1990).]
(5) No person shall be
convicted of an offence
punishable under 132 [ subsection
(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.
(6) 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 that journey or part of a
journey to be completed in the
specified time without infringing
the provisions of section 85, be
prima facie evidence that the
person who published the time
table or gave the direction has
committed an offence
punishable under
133 [ subsections
(2)].
86. Limits of weight and limitation
on use
(1) The Government may prescribe
conditions for the issue of
permits for heavy motor
vehicles by the 97 [ Transport
Committees] and may prohibit
or restrict the use of such
vehicles in any area or route
within Bangladesh.
(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
(5) No person shall drive a motor vehicle, at
such a slow speed, as to impede the
normal and reasonable movement of
traffic, except when reduced speed is
necessary, for safe operation, or in
compliance with law, or by virtue of very
nature of the vehicle being driven.
(6) Any person, who drives or causes or
allows a motor vehicle to be driven in
violation of the provisions of this section,
shall be guilty of an offence and on
conviction, in addition to the financial
penalty, the driving license of the driver of
such vehicle may be suspended for
specified period.
(7) No person shall be convicted of an offence
committed under this section 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 speed measuring device.
(8) 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 that journey or part of a journey to
be completed in the specified time without
infringing the provisions of this section in
respect of maximum speed, be prima facie
evidence that the person who published
the time-table or gave the direction has
committed an offence under this section.
(9) The trial court may order, particulars of
any conviction under this section to be
endorsed on any driving license held by
the person convicted.
192. Limits of weight, dimension and
limitation on use._
(1) The Authority may, prescribe conditions
for the issue of special permits for heavy
motor vehicles, and the vehicles for
excess weight and size, by the Authority
or by the RTA, and may prohibit or restrict
the use of such vehicles or the issue of
permit to such vehicles for any area or
route within Bangladesh.
(2) No person shall drive or allowed to be
driven in any road or highway in excess of
the limits of load specified in the
notification issued under sub-section (1) of
section 116, and in excess of the limits of
load specified in the certificate of
registration of the vehicle, whichever is
lower, or in excess of the maximum size
Modified
12-251

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
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 of 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 clause (a) of
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.
prescribed by regulations made under
section 178:
Provided that under special circumstances
and for special purposes the Authority
may in consultation with the highway
authority and the traffic division issue
special permit for the temporary use of
such vehicles on specified route or area in
accordance with the conditions specified
therein in the permit:
Provided further that no such vehicle with
or without a special permit shall be
operated on any road or highway, unless it
is being escorted by a police officer with or
without cost:
Provided further that where such a special
permit is given, it shall not, so long as the
conditions, if any, attached to the permit
are complied with, be an offence, in the
case of any such vehicle or trailer, to carry
on that road or bridge, maximum weights
and size authorised by the permit, by
reason only that the vehicle or trailer when
conveying them does not comply with
relevant provisions of the Act or the rules
and regulations made there under.
(3) Notwithstanding the maximum laden or
train weight limit, as specified in the
notification, issued under sub-section (1)
of section 116, but subject to the axle
weight limits, the total gross weight
imposed on the highway, by the wheels of
two consecutive sets of tandem axles,
shall not exceed, thirty thousand kilograms
where the distance between the extremes
of the first and the last axle of the group of
axles measured longitudinally of a vehicle
or combination of vehicles is less than
10.97 meters or 36 feet:
(4) The following loaded vehicles or
combination of vehicles shall not be
operated upon any bridges unless a
special permit hereinbefore specified has
been obtained-
(a) any vehicle or combination having seven
or more axles;
(b) a combination consisting of a motor
vehicle with three axles and a semi-trailer
with two axles unless the distance
between the first and the last axle in the
combination is at least 11.58 meters or 38
feet;
(c) a combination consisting of a motor
vehicle with two axles, a semi-trailer with
one axle and a trailer with two axles
unless the distance between the first and
last axle in the combination is at least
13.72 meters or 45 feet; and
12-252

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
154. Driving vehicles 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 86 or of the
conditions prescribed under that
(d) a combination consisting of a motor
vehicle with three axles and a trailer with
three axles unless the distance between
the first and last axle in the combination is
at least 13.72 meters or 45 feet.
(5) Except as may be otherwise prescribed,
no person shall drive or cause or allow to
be drive in any public place any motor
vehicle which is not fitted with good
condition pneumatic tyres.
(6) No person shall drive or cause or allow to
be driven in any highway or in any public
place any motor vehicle or trailer or any
combination thereof-
(a) the unladen weight of which exceeds the
unladen weight specified in the certificate
of registration of the vehicle, or
(b) the laden weight or train weight of which
exceeds the registered laden weight or
train weight specified in the certificate of
registration, or
(c) any axle weight of which exceeds the
maximum axle weight specified for that
axle in the certificate of registration; or
(d) the dimensions of which does not conform
the dimensions specified in the certificate
of registration; or
(e) the load of which is insecure or exceeds
the maximum of load projections
prescribed or carrying of which is
prohibited or dangerous.
(7) Any person, who drives or causes or
allows a motor vehicle to be driven or
operated in contravention of the
prohibitions or restrictions imposed under
this section, shall be guilty of an offence
and on conviction, in addition to the
financial penalty, the permit of such
vehicle or the driving license of the driver
of such vehicle may be suspended for
specified period.
(8) Where the driver or person in charge of a
motor vehicle or trailer driven in
contravention of sub-section (5) or clause
(a) of sub-section (6) 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.
193. Loads on vehicles._
(1) No vehicle shall be driven or moved on
any road or highway unless such vehicle
is so constructed or loaded as to prevent
any of its loads from dropping, sifting,
leaking, or otherwise escaping.
(2) Any vehicle operating on a paved highway
with a load of dirt, sand, gravel, garbage,
Modified
12-253

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
section or in contravention of
any prohibition or restriction
imposed under section 86 or
section 88 shall be punishable
for a first offence with fine which
may extend to one thousand
Taka and for any subsequent
offence with imprisonment for a
term which may extend to six
months, or, with fine which may
extend to two thousand Taka,
or with both.]
87. Power to have vehicle weighed
(1) Any person authorised in this
behalf by the Government may,
if he has reason to believe that
a goods vehicle or trailer is
being used in contravention of
section 86, 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 86 regarding weight, he
may, by order in writing direct
or any other material susceptible to being
blown, dropped, spilled, leaked, or which
otherwise may escape therefrom shall be
covered so as to prevent spillage; this
provision shall not prohibit the necessary
spreading of any substance connected
with highway construction or maintenance.
(3) No person shall operate on any highway
any vehicle with any load unless the load
and any covering thereon is securely
fastened so as to prevent the covering or
load from becoming loose, detached, or in
any manner a hazard to other users of the
highway.
(4) Subject to the provisions of this chapter
limiting the length of vehicles and loads,
the load upon any vehicle operated alone
or the load upon the front vehicle of a
combination of vehicles shall not extend
more than one meter beyond the foremost
part of the vehicle, and the load upon any
vehicle operated alone or the load upon
the rear vehicle of a combination of
vehicles shall not extend more than 1.8
meter or six feet beyond the rear of the
bed or body of the vehicle other than
poles, pipes, or structural material which
cannot be dismembered when transported
upon a pole trailer or carried in the
prescribed manner under a special permit
under section 192.
(5) No passenger vehicle shall be operated
on any highway with any load carried
thereon extending beyond the right side of
the vehicle nor extending more than 150
mm beyond the left side thereof.
(6) Any person, who drives or causes or
allows a motor vehicle to be driven or
operated in contravention of the
prohibitions or restrictions imposed under
this section, shall be guilty of an offence.
194. Power to have vehicle weighed._
(1) Any police officer or an officer of the
highway authority or a road transport
officer or the Authority or any other officer
or person authorised in this behalf by the
Government or by the Authority may, if he
has reason to believe that the weight,
laden or unladen, of a motor vehicle or a
trailer or a combination thereof is unlawful
or that the vehicle or combination is being
used in contravention of section 192
regarding weight, require the driver to stop
the vehicle or combination to be measured
and weighed by using either portable or
stationary scales or require the driver of
vehicle or combination to drive the vehicle
or combination to a weighing device or an
authorized weighing station, within a
Modified
12-254

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
the driver to convey the vehicle
or trailer to the nearest place, to
be specified in the notice,
where facilities exist for the
storage of goods, and not to
remove the vehicle or trailer
from that place until the laden
weight or axle weight has been
reduced or the vehicle has
otherwise been treated so that it
complies with section 86.
(2) Where any excess goods
are removed any goods
vehicles or trailer for storage
under sub section (1), such
person as may be authorised in
this behalf by the Government
shall cause a notice in writing to
be served on the owner of the
vehicle or trailer, as the case
may be, requiring him to
remove the goods within the
time to be specified in the
notice and if the owner of the
vehicle or trailer refuses or fails
to remove the goods within the
time so specified, the
authorised person may sell the
goods by public auction and the
balance of the sale proceeds,
after deducting therefrom the
charges for the storage of the
goods and the costs incidental
to the sale shall be paid to the
owner of the vehicle or trailer,
as the case may be:
Provided that where that excess
goods removed are of
perishable nature, the sale can
be held immediately after
causing the notice to be served
on the driver of the vehicle or
the trailer.
reasonable distance from the location of
the vehicle for weighment.
(2) If on such weighment the officer or the
authority acting under sub-section (1)
determines that the weight is unlawful or
the vehicle or combination is found to
contravene in any respect the provisions
of section 192 regarding weight, he may,
direct the driver to drive the vehicle or
trailer or combination to a suitable place,
where facilities exist for the storage of
goods, and remain standing there until a
sufficient portion of the load is removed or
redistributed as may be necessary to
reduce the laden weight or the train weight
or the axle weight of the vehicle or
combination to a limit permitted under this
section or the vehicle has otherwise been
treated so that it complies with section
192.
(3) The removal or redistribution of the load
and the security and care of any goods
removed or redistributed under subsection
(2) shall be the responsibility of the
driver, owner of the vehicle, or owner of
the cargo.
(4) Where any excess goods are removed
from any goods vehicles or trailer or
combination for storage under sub-section
(2), such person as may be authorised in
this behalf by the Government or by the
Authority shall cause a notice in writing to
be served on the driver or the owner of the
vehicle or trailer or combination or the
owner of the cargo, as the case may be,
requiring him to remove the goods within
the time to be specified in the notice and if
the driver, or the owner of the vehicle or
trailer or combination or the owner of the
cargo, as the case may be, refuses or fails
to remove the goods within the time so
specified, the authorized person may sell
the goods by public auction and the
balance of the sale proceeds, after
deducting therefrom the charges for the
storage of the goods and the costs
incidental to the sale shall be paid to the
driver or the owner of the vehicle or trailer
or combination or owner of the cargo, as
the case may be:
Provided that where that excess goods
removed are of perishable nature, the sale
can be held immediately after causing the
notice to be served on the driver of the
vehicle or the trailer or the combination.
(5) Any driver of a vehicle or combination of
vehicles who fails or refuses to stop and
submit the vehicle or combination to a
weighing as required by sub-section (2), or
who fails or refuses to comply with an
12-255

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
88. Power to restrict the use of
vehicle
The Government or any authority
authorised in this behalf by the
Government, if satisfied that it is
necessary in the interests 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 and
when any such prohibition or
restriction is imposed it shall
cause appropriate traffic signs
to be placed or erected under
section 89 at suitable places:
Provided that where any
prohibition or restriction under
this section is to remain in force
for not more than one month,
notification thereof in the official
Gazette shall not be necessary,
but such local publicity as the
circumstances may permit, shall
be given to such prohibition or
restriction.
official traffic-control device at any vehicle
weighing station, or who fails or refuses or
neglects when directed by any police
officer or by any other officer or authority
acting under this section to otherwise
comply with the provision of this section or
if any person, in charge of a motor vehicle,
obstructs or attempts to obstruct any
police officer or any road transport officer
or any Inspector of Motor Vehicles or other
authorised officer or person in the exercise
of his powers and duty under this section,
shall be guilty of an offence.
(6) Where a motor vehicle or trailer or a
combination thereof, is weighed under this
section, a certificate of weight shall be
given to the person in charge of the motor
vehicle by the person who carried out the
weighing of the vehicle and he may
charge such fees as may be prescribed for
the weighing and issue of certificate.
195. Power to restrict the use of vehicle._
(1) The Government or the Authority or the
Commissioner of Police or the city traffic
engineer or any local authority or any
highway authority, having jurisdiction over
the area or the road or highway, or any
other authority authorised in this behalf by
the Government or by the Authority, if
satisfied that it is necessary-
(a) in the interests of public safety or
convenience; or
(b) in relation to the regulation of traffic; or
(c) to prohibit or regulate the use of any road
or any part thereof generaly or by a
particular class of type of vehicle; or
(d) to prohibit or regulate the use of any road
or any part thereof for the display, hire or
sale of any vehicle or animal; or
(e) because of the nature of any road or
bridge; or
(f) because of the traffic congestion or high
density of traffic; or
(g) because of the weight or speed of a
vehicle; or
(h) because of the type and nature of a
vehicle; or
(i) because the road is unsuitable for use or
for unrestricted use by any such vehicles;
or
(j) because the road is under repair or
reconstruction;
(k) because any such vehicles cannot be
used or cannot without restriction be used
on that road without endangering the
safety of the vehicles or the persons
Modified
12-256

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
therein or of other persons using the road;
may, by notification in the official Gazette,
and/or by erecting or placing appropriate
traffic control devices, 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 or any combination thereof,
or any vehicle propelled by human or
animal power, or any non-motorized
vehicle, either generally or in a specified
direction or during particular hours, or in a
specified area or on a specified road, and
when any such prohibition or restriction is
imposed, it shall cause appropriate traffic
signs to be placed or erected under
section 135 at suitable places:
Provided that where any prohibition or
restriction under this section is to remain
in force for not more than one month,
notification thereof in the official Gazette
shall not be necessary, but such local
publicity as the circumstances may permit,
shall be given to such prohibition or
restriction.
(2) No order shall be made under sub-section
(1), with respect to any road, which would
have the effect of preventing such access,
as may reasonably be required, for
vehicles of any class or description, to any
premises situated on or adjacent to the
road.
(3) Without prejudice to sub-section (1), any
approproate authority having jurisdiction
over the area or the road may, by order
published in the official Gazette, prohibit or
restrict the driving or use of any class or
description of vehicles or vehicles with
such number of passengers or such
weight of goods, as may be specified,
along any road or along roads within the
area of the authority:
Provided that the prohibition or restriction
under this sub-section, may be subject to
the payment of fees, and in such a case
the order shall specify the fees payable,
and the manner of collection therefor.
(4) Any person, who drives or causes or
allows a motor vehicle to be driven in
violation of the notification made under
sub-section (1) or (3) shall be guilty of an
offence.
196. Power of local authorities in respect of
traffic._
The provision of this Act shall not be
deemed to prevent the local authorities
with respect to roads and highways under
Inserted new
12-257

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
their jurisdiction or with respect to private
property when specifically authorised in
this section and within the reasonable
exercise of police or magisterial power
and/or by erecting appropriate official
traffic control devices from-
(a) regulating or prohibiting stopping,
standing, or parking, including the use of
parking meters on highways and in
publicly operated parking facilities;
(b)
regulating traffic by means of police
officers or official traffic-control devices;
(c) regulating or prohibiting processions or
assemblages on the highways;
(d) designating particular highways or
roadways for use by traffic moving in one
direction;
(e) establishing speed limits for vehicles in
public parks;
(f) designating any highway as a through
highway or designating any intersection or
junction of roadways as a stop or yield
intersection or junction;
(g) restricting the use of highways by vehicles
over specified weight and sIze;
(h) regulating the parking of bicycles,
tricycles, rickshaw and other nonmotorised
vehicles and requiring the
registration and inspection of same,
including the requirement of a registration
fee, the requirement that a bicycle, tricycle
and rickshaw must have a frame number
before being licensed, and a prohibition on
altering or removing any such frame
number;
(i) regulating or prohibiting the turning of
vehicles or specified types of vehicles on
particular road or highway;
(j) altering or establishing maximum or
minimum speed limits on the basis of
engineering and traffic investigations;
(k) designating no-passing zones on
hazardous roads or highways;
(l) prohibiting or regulating the use of
controlled-access roadways by any class
or kind of traffic incompatible with the
normal and safe movement of traffic;
(m) prohibiting or regulating the use of heavily
travelled streets by any class or kind of
traffic found to be incompatible with the
normal and safe movement of traffic;
(n) designating and restricting certain lanes
for priority or exclusive use by buses and
high-occupancy vehicles;
(o) prohibiting pedestrians from crossing a
roadway in an urban area or on any
12-258

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
designated highway except in a marked
pedestrian crossing;
regulating persons propelling or driving
rickshaw, push carts and bullock carts and
other non-motorised vehicles;
regulating persons upon skates and other
toy vehicles;
prohibiting drivers of ambulances from
exceeding maximum speed limits;
designating routes to be used for vehicles
transporting hazardous materials subject
to any limitations of the Act or any other
law for time being in force;
prohibiting driving off the roadway to avoid
compliance with any traffic law or official
traffic-control device;
prohibiting parking on private property
without the permission of the owner or
person in charge of the property;
regulating persons owning or operating
tow trucks; and
adopting such other traffic regulations as
are specifically authorized by this Act.
197. Removal of traffic hazards._
(1) It shall be duty of the owner of real
property to remove from such property any
tree, plant or other obstruction, or part
thereof, which by obstructing the view of
any driver, constitutes a traffic hazard.
(2) When any highway authority, any local
authority or any city traffic engineer
determines upon the basis of an
engineering and traffic investigation that
such a traffic hazard exists, it shall notify
the owner and order that the hazard be
removed within the time specified in the
notice.
(3) The failure of the owner to remove such
traffic hazard within the specified time
shall constitute an offence punishable by a
penalty of five units for each day the
owner fail to remove the hazard after the
expiry of the time specified, to be fixed by
the concerned highway authority or the
local authority or the city traffic engineer.
(4) Nothing in this section shall be construed
to prevent the owner of real property used
by the public for purposes of vehicular
travel by permission of the owner, and not
as a matter of right, from prohibiting such
use, or from requiring other or different or
additional conditions than those specified
in this Act, or otherwise regulating such
use as may seem best to such owner.
(5) No person shall install or maintain in any
area of private property used by the public
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
any sign, signal, marking or other device
intended to regulate, warn or guide traffic
unless it conforms to the traffic sign
manual and specifications adopted under
section 186.
(6) No person shall place, maintain or display,
upon or in view of any highway, any
stationary sign or light which blinds,
dazzles or impairs the vision of drivers
upon the highway.
(7) Any person who contravenes sub-section
(5) or (6) shall be guilty of an offence.
198. Restricted use of loading zones._
(1) No person shall stop, stand, or park a
vehicle for any purpose or length of time
other than for the expeditious loading or
unloading of passengers, delivery or pickup
and loading of any goods or property in
any place marked as a loading zone,
during hours when the regulations
applicable to such loading zone are
effective, then in no case the stop for
loading or unloading of passengers and
loading and unloading of goods or
property shall exceed a period of time as
may be prescribed for respective
purposes.
(2) The driver of a vehicle may stop
temporarily at a loading zone for the
purpose of and while actually engaged in
loading or unloading passengers when
such stopping does not interfere with any
vehicle which is waiting to enter or about
to enter such zone to load or unload
goods or property.
(3) Any person, who willfully disobeys or
without just cause or reasonable excuse
fails to comply sub-section (1), shall be
guilty of an offence.
199. Transit bus and high occupancy
vehicle lanes._
(1) When official traffic-control devices are in
place designating certain lanes on roads
for the exclusive use of transit buses and
high-occupancy vehicles such as a
bicycle, a rickshaw or a motor cycle or a
taxi cab, no driver of a vehicle which is not
a transit bus or a high-occupancy vehicle
shall drive in or through the lane during
the times when the restrictions are
imposed except as necessary to make a
turning manoeuvre, to yield to an
authorised emergency vehicle, to drive
around an obstruction in the roadway, to
avoid an accident, or when necessary due
to a mechanical breakdown of the vehicle.
(2) When official traffic control devices are in
place designating certain route or lanes for
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
the exclusive use of transit, trucks or tank
lorry or such other vehicle, every driver of
such vehicle shall drive in or through those
designated route or lane except as may be
necessary to avoid an accident or when
necessary to make local deliveries.
(3) Any person who contravenes this section
shall be guilty of an offence.
200. Restrictions on use of controlledaccess
roadway._
(1) The highway authorities, the
Commissioner of Police, the local
authorities and the city traffic engineer
may by erecting and maintaining
appropriate official traffic control devices
regulate or prohibit the use of any
controlled-access roadway or highway
within their respective jurisdictions by any
class or type of traffic which is found to be
incompatible with the normal and safe
movement of traffic.
(2) No person shall drive onto or from any
controlled access roadway except at such
entrances and exits as are established by
the authority concerned.
(3) Any person, who drives or causes or
allows a motor vehicle to be driven in
contravention of the prohibitions or
restrictions imposed under this section,
shall be guilty of an offence.
201. Temporary prohibition or restriction of
traffic on road._
(1) Any highway authority or any local
authority or the Commissioner of Police or
the Authority if satisfied that traffic on a
road or highway within their respective
jurisdictions should be restricted or
prohibited, by reasons-
(a) that works of repair or reconstruction are
being required or being in progress or are
proposed to be executed on or near the
road or highway; or
(b) of the likelihood of danger to the public or
of serious damage to the highway; or
(c) of any procession or meeting on or near
the road or highway; or
(d) of movement of any important person or
special type of vehicle on the road or
highway; or
(e) of such other occasions as may be
expedient or as may be prescribed;
the authority may by notice or by order or
by erecting or placing appropriate traffic
signs or by placing any obstructions at any
point of the road or highway, restrict or
prohibit the use of that road or highway or
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
any part of that road or highway by
vehicles or by vehicles of any class or by
pedestrians for such period or to such
extent and subject to such conditions or
exceptions as the authority may consider
necessary or as may be prescribed.
(2) While imposing any restriction or
prohibition under sub-section (1) the
authority shall have regard to the
existence of alternative routes suitable for
the traffic which are likely to be affected by
the restriction or prohibition.
(3) Subject to this section, the authority shall,
not less than seven days before
prohibiting the use of a road or part
thereof under this section, cause notice
thereof to be published in one or more
newspapers circulating in Bangladesh;
every such notice shall contain a
statement of the effect of the prohibition
and a description of the alternative route
or routes, if any, available for traffic.
(4) So long as any restriction or prohibition
made under this section is in force, a
notice stating the effect thereof and
describing any alternative route or routes
available for traffic shall be kept posted in
a conspicuous manner at each end of the
part of the road to which the restriction or
prohibition relates and at the points at
which it will be necessary for vehicles to
diverge from the road.
(5) Any person, who uses or drives or causes
or allows a motor vehicle to be driven in
contravention of any restriction or
prohibition imposed under this section,
shall be guilty of an offence.
202. Drive on left side of the road._
(1) Upon all roads of sufficient width, a vehicle
shall be driven upon the left half of the
road, except as follows:
(a) when overtaking and passing another
vehicle proceeding in the same direction
under the Rules governing such
movement;
(b) when an obstruction exists making it
necessary to drive to the right of the
centre of the highway; provided, any
person so doing shall yield the right of way
to all vehicles travelling in the proper
direction upon the unobstructed portion of
the highway within such distance as not to
constitute an immediate hazard;
(c) upon a road divided into three marked
lanes for traffic under the rules applicable
thereon; or
(d) upon a road restricted to one-way traffic;
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
(2) Upon all roads, any vehicle proceeding at
less than the normal speed of traffic, at the
time and place, and under the conditions
then existing shall be driven in the lefthand
lane then available for traffic, or as
close as practicable to the left-hand kerb
or edge of the road, except when
overtaking and passing another vehicle
proceeding in the same direction or when
preparing for a right turn at an intersection
or into a private road, alley, or driveway.
(3) Upon any road having four or more lanes
for moving traffic and providing for twoway
movement of traffic, no vehicle shall
be driven to the right of the centre line of
the roadway, except when authorized by
official traffic-control devices designating
certain lanes to the right side of the centre
of the road for use by traffic not otherwise
permitted to use such lanes, or except as
permitted under clause (b) of sub-section
(1).
(4) However, sub-section (3) shall not be
construed as prohibiting the crossing of
the centre line in making a right turn into
or from an alley, private road or driveway.
(5) Any person who contravenes this section
shall be guilty of an offence.
203. Driving on carriageways laned for
traffic._
(1) Whenever any road has been divided into
two or more clearly marked lanes for traffic
the following Rules in addition to all others
consistent herewith shall apply-
(a) A vehicle shall be driven as nearly as
practicable entirely within a single lane
and shall not be moved from such lane
until the driver has first ascertained that
such movement can be made with safety
and give signal of his intention.
(b) Upon a roadway which is divided into
three lanes and provides for two-way
movement of traffic, a vehicle shall not be
driven in the centre lane except when
overtaking and passmg another vehicle
travelling in the same direction when such
centre lane is clear of traffic within a safe
distance, or in preparation for making or
completing a right turn or where such
centre lane is at the time allocated
exclusively to traffic moving in the same
direction that the vehicle is proceeding
and such allocation is designated by
official traffic-control devices.
(c) Official traffic-control devices may be
erected directing specified traffic to use a
designated lane or designating those
lanes to be used by traffic moving in a
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
particular direction regardless of the
centre of the roadway and drivers of
vehicles shall obey the directions of every
such device.
(2) The driver of a vehicle about to enter or
cross a roadway from any place other than
another roadway shall yield the right of
way to all vehicles approaching on the
roadway to be entered or crossed.
(3) Any person who contravenes this section
shall be guilty of an offence.
204. Restrictions of vehicles on bridges._
(1) Where the Government or the appropriate
authority in relation to any bridge, within
the area of such authority, is satisfied that
the bridge is insufficient-
(a) to carry a vehicle the weight of which
exceeds a certain maximum weight;
(b) to carry a vehicle the axle weight of which
exceeds a certain maximum axle weight;
or
(c) to carry a vehicle the weight or the axle
weight respectively of which exceeds a
certain maximum weight when travelling at
more than a certain maximum speed.
may, by a conspicuous notice placed in a
proper position at each end of the bridge,
prohibit the use of the bridge, as the case
may be, by a vehicle weighing more than
the weight specified in such notice, or by a
vehicle the axle weights of which are more
than the axle weight specified in such
notice when travelling at more than a
speed specified in the notice.
(2) Save and except in an emergency or
breakdown, no vehicle shall be stopped or
parked on a bridge.
(3) If a vehicle is driven on or across a bridge
in contravention of this section, any
person who so drives it, or causes or
permits it to be so driven, stopped or
parked shall, without prejudice to any civil
liability incurred by him in the case of
damage being caused to the bridge or
otherwise, be guilty of an offence.
205. Limitations on turning around or
reversing._
(1) The driver of a vehicle shall not back or
turn such vehicle so as to proceed in the
opposite direction unless such movement
can be made in safety and without
interfering with other traffic and shall not
do so upon any shoulder or roadway of
any controlled access highway (if any).
(2) No vehicle shall be turned so as to
proceed in the opposite direction upon any
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
curve, or upon the approach to or near the
crest of a grade, where such vehicle
cannot be seen by the driver of any other
vehicle approaching from either direction
within 150 meter or 500 feet.
(3) The driver of a vehicle shall not pass to
the right of a right turning vehicle and shall
not turn the vehicle right or left unless
such movement can be made correctly
and safely.
(4) Any person who contravenes this section
shall be guilty of an offence.
206. Emerging from alley, driveway or
building._
(1) The driver of a vehicle emerging from an
alley, building, private road, or driveway
within a business or residential area shall
stop such vehicle immediately prior to
driving onto a footpath or onto the footpath
area extending across such alley, building
entrance, private road, or driveway or in
the event there is no footpath area, shall
stop at the point nearest the street to be
entered where the driver has a view of
approaching traffic thereon.
(2) No person shall drive any vehicle upon a
footpath area except upon a permanent or
duly authorized temporary driveway.
(3) Any person who contravenes this section
shall be guilty of an offence.
207. No passing or overtaking zones._
(1) The highway authorities, the
Commissioner of Police, the local
authorities and the city traffic engineer are
hereby authorized to determine those
portions of any highway under their
respective jurisdictions where overtaking
and passing or driving on the right side of
the roadway would be especially
hazardous and may by appropriate signs
or markings on the roadway indicate the
beginning and end of such zones and
when such signs or markings are in place
and clearly visible to an ordinarily
observant person; every driver of a vehicle
shall obey the directions thereof.
(2) Any person, who drives or causes or
allows a motor vehicle to be driven in
contravention of this section, shall be
guilty of an offence.
208. One way road and rotary traffic
islands._
(1) The highway authorities, the
Commissioner of Police, the local
authorities and the city traffic engineer
with respect to highways under their
respective jurisdictions may designate any
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
highway, roadway, part of a roadway or
specific lanes upon which vehicular traffic
shall proceed in one direction at all or
such times as shall be indicated by official
traffic control devices.
(2) Upon a roadway so designated for oneway
traffic, a vehicle shall be driven only in
the direction designated at all or such
times as shall be indicated by official traffic
control devices.
(3) A vehicle passing around a rotary traffic
island or round about shall be driven only
to the left of such island or round about.
(4) Any person, who drives or causes or
allows a motor vehicle to be driven in
contravention of this section, shall be
guilty of an offence.
209. Driver transporting hazardous
material._
(1) No driver shall carry explosives, or
flammable liquids or any dangerous
substances or unauthorized or prohibited
goods or fish or poultry or live stock in a
public service vehicle or carry goods or
luggage in a manner causing danger or
inconvenience to the passengers of such
vehicles.
(2) The driver of a vehicle transporting
hazardous materials, explosives, or
flammable liquids within the city or the
urban area, shall drive only on those roads
which have been designated to provide a
continuous route for such vehicles, except
when there is no such designated road or
as necessary to make local deliveries.
(3) Any person who contravenes this section
shall be guilty of an offence.
210. When lighted lamps are required._
(1) Every vehicle upon a road or a highway
within Bangladesh at any time from a half
hour after sunset to a half hour before
sunrise and at any other time when, due to
insufficient light or unfavourable
atmospheric conditions, persons and
vehicles on the highway are not clearly
discernible at a distance of 300 meters or
1000 feet ahead shall display lighted head
and other lamps and illuminating devices
as respectively required for different
classes of vehicles, subject to exceptions
with respect to parked vehicles, and
further that stop lights, turn signals and
other signalling devices shall be lighted as
may be prescribed for the use of such
devices.
(2) No driver of a motor vehicle shall, without
just cause or reasonable grounds, drive at
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
night any motor vehicle, without the
headlights, tail lights or other prescribed
lights on, or use high beam in the lighted
city area, or use undimmed headlights or
dazzle the driver of other vehicle.
(3) Any person who contravenes this section
shall be guilty of an offence.
211. Driving on a down-grade and on
mountain highways._
(1) The driver of a motor vehicle travelling on
mountain highways shall hold such motor
vehicle under control and as near the lefthand
edge of the roadway as reasonably
possible and, except when driving entirely
to the left of the centre of the roadway,
shall give audible warning with the horn of
such motor vehicle upon approaching any
curve where the view is obstructed within
a distance of 30 meters or 200 feet along
the highway.
(2) The driver of any motor vehicle when
travelling upon a down grade shall not
coast with the gears or transmission of
such vehicle in neutral.
(3) The driver of a truck or bus when travelling
upon a down grade shall not coast with
the clutch disengaged.
(4) Any person who contravenes this section
shall be guilty of an offence.
212. Restrictions on following a vehicle._
(1) The driver of a vehicle shall not follow
another vehicle more closely than is
reasonable and prudent, having due
regard for the speed and the braking
distance of such vehicles and the traffic
upon and the condition of the highway.
(2) The driver of any vehicle other than one
on official business shall not follow any fire
vehicle or apparatus travelling in response
to a fire alarm closer than 150 meter or
500 feet or stop such vehicle within 150
meters or 500 feet of any fire apparatus
stopped in answer to a fire alarm.
(3) No vehicle shall be driven over any
unprotected hose of a fire department
when laid down on any street, private road
or driveway to be used at any fire or alarm
of fire, without the consent of the fire
department official in command.
(4) Any person who contravenes this section
shall be guilty of an offence.
213. Stop when traffic obstructed._
(1) No driver shall enter an intersection or a
marked pedestrian crossing or drive onto
any railroad grade crossing unless there is
sufficient space on the other side of the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
intersection, pedestrian crossing or
railroad grade crossing to accommodate
the vehicle such driver is operating without
obstructing the passage of other vehicles,
pedestrians or railroad trains
notwithstanding any traffic control signal
indication to proceed.
(2) Any person who contravenes this section
shall be guilty of an offence.
214. On approach of authorised emergency
vehicles._
(1) Upon the immediate approach of an
authorised emergency vehicle making use
of an audible and visual signals meeting
requirements of this Act, or of the rules
and regulations made thereunder, or of a
police vehicle properly and lawfully making
use of an audible signal only, the driver of
every vehicle shall yield the right of way
and shall immediately drive to a position
parallel to, and as a close as possible to
the left-hand edge or kerb of the roadway
clear of any intersection and shall stop
and remain in such position until the
authorised emergency vehicle has
passed, except when otherwise directed
by a police officer.
(2) This section shall not operate to relieve
the driver of an authorised emergency
vehicle from the duty to drive with due
regard for the safety of all persons using
the highway.
(3) Any person who contravenes this section
shall be guilty of an offence.
215. Privileges of Emergency vehicles._
(1) The driver of an authorized emergency
vehicle, when responding to an
emergency call or when in the pursuit of
actual or suspected violator of the law or
when responding to but not upon returning
from a fire alarm, may exercise the
privileges set forth in this section, but
subject to the conditions herein stated.
(2) The driver of an authorized emergency
vehicle may-
Inserted new
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(a) park or stand, irrespective of the
provisions of this chapter;
(b) proceed past a red or stop signal or stop
sign, but only after slowing down as may
be necessary for safe operation;
(c) exceed the maximum speed limits so long
as life or property are not thereby
endangered;
(d) disregard regulations governing direction
of movement or turning in specified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
directions.
(3) The exemptions herein granted to an
authorized emergency vehicle shall apply
only when such vehicle is making use of
an audible signal, and visual signals
meeting the requirement of this Act,
except that an authorized emergency
vehicle operated as a police vehicle need
not be equipped with or display a special
visual signal visible from in front of the
vehicle.
(4) The foregoing provisions shall not relieve
the driver of an authorized emergency
vehicle from the duty to drive with due
regard for the safety of all persons or
vehicles or traffic, nor shall such
provisions protect the driver from the
consequences of reckless driving and
disregard for the safety of others.
(5) Any person who contravenes sub-sections
(3) or (4) shall be guilty of an offence.
216. Power to restrict pedestrian crossing._
(1) The highway authorities, the
Commissioner of Police, the local
authorities and the city traffic engineer are
hereby empowered within their respective
jurisdictions to prohibit pedestrians,
bicycles, or rickshaws or any other nonmotorized
vehicles by erecting appropriate
official traffic control devices from crossing
any roadway in an urban area or any
designated roads or highways except in a
pedestrian crossing or a designated
crossing.
(2) Any person, who without just cause or
reasonable excuse, fails to comply with
the prohibitions or restrictions imposed
under this section shall be guilty of an
offence.
217. Power to remove structures from
roads._
(1) Where any structure has been erected or
set up on or over a road, save under any
law for the time being in force, the
Government or the appropriate authority in
relation to the road, within the area of such
authority, may by notice in writing, require
the person having control or possession of
the structure, to remove it within such
period, as may be specified in the notice,
or within such extended period but not
exceeding one month, as the appropriate
authority, issuing the notice may allow.
(2) If any structure, in respect of which a
notice has been served under sub-section
(1), is not removed within the time
specified in the notice, the Government or
the appropriate authority may, remove the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
structure.
(3) Notwithstanding sub-sections (1) and (2),
where there is a likelihood of immediate
danger to traffic, arising from any structure
referred to in sub-section (1), the
Government or the appropriate authority,
may take such action as is necessary to
remove such structure without giving
notice to any person.
(4) Where any structure has been removed by
the Government or by the appropriate
authority under this section, and the
expenses of the removal and custody of
the structure have not been paid, within
one week after the date of such removal,
the Government or the appropriate
authority may, after giving one month's
notice in writing to the person having
control or possession of the structure
immediately before such removal, sell by
public auction or otherwise dispose of
such structure; and any proceeds from
such sale or disposal, shall be applied in
payment of the expenses of such removal
and custody, and any surplus shall be paid
to the person having the control or
possession of the structure immediately
before such removal or shall, if not
claimed by such person within three
months after the date of the sale or
disposal, be forfeited to the Government
or the appropriate authority, as the case
may be.
(5) Nothing in sub-section (4) shall prohibit-
(a) the disposal, as the Government or the
appropriate authority may think fit of any
fish, meat, fruit, vegetable or other
perishable goods, if any, removed
together with the structure, and any
proceeds from such disposal shall be
applied in the same manner as herein
before provided in respect of proceeds
from the sale or disposal of the structure;
or
(b) the recovery, as a public demand of the
whole or part of the expenses of removal
or custody from the person having the
control or possession of the structure
immediately before such removal.
(6) Notice under sub-section (1), may be
served either personally or by post or by
affixing it to the structure to which the
notice relates.
(7) In this section, the expression "structure"
includes any machines, pumps, posts and
such other objects as are capable of
causing obstruction or of endangering
traffic.
(8) Any person who fails to comply with the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
notice given under sub-section (1) shall be
guilty of an offence.
218. Power to construct refuge, subway and
foot-bridge._
The appropriate authority in relation to a road,
with the approval of the Government, may-
(a) for the purposes of protecting traffic along
a road from danger, or of making the
crossing of any road less dangerous to
pedestrians, erect, light, maintain, alter
and remove places of refuge in the road;
construct, maintain, alter and remove road
humps on the road; and construct, light,
maintain, alter, remove and temporarily
close subways under the road or footbridges
for the use of pedestrians;
(b) whenever it considers necessary or
desirable for the safety or accomodation of
pedestrians, provide proper and sufficient
footpaths by the side of roads under its
control; and
(c) whenever it considers necessary or
desirable for the safety or accommodation
of ridden animal and driven livestock,
provide adequate grassland or other
margins by the side of the roads under its
control.
219. Construction of structures for
advertisement._
(1) The Government or the appropriate
authority in relation to any road reserve,
within the area of such authority, may,
subject to sub-section (2), if the road
reserve is for the time being used for the
purpose for which it is reserved, grant a
right of occupation of the whole or any part
of the road reserve to any person for the
purpose of erecting structures for
advertisement or other public
announcement for such duration and on
such terms and conditions, including
occupancy charges, as the Government or
the appropriate authority may determine.
(2) No such right of occupation may be
granted, unless plans containing details of
the layout of the structure (including such
particulars as may be specified), have
been submitted to and approved by the
Government or by the appropriate
authority, and the purchase of public
liability insurance, of such sum as the
Government or the appropriate authority
thinks fit, by the applicant as part of the
condition for the approval.
(3) The Government or the Authority or the
appropriate authority in relation to the road
reserve, as the case may be, may make
rules or regulations, or byelaws to regulate
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
and control the construction of the
structures for advertisements.
(4) It shall be an offence for any person to
erect structures for advertisement or other
public announcement or any structure for
such other purposes without the approval
of appropriate authority in relation to any
road reserve, within the area of such
authority; and any person who
contravenes or fails to comply with any
conditions as may be imposed in a permit
issued under this section granting a right
of occupation or advertisement, shall be
guilty of an offence
220. Construction of access and laying of
public utility installations._
(1) No person shall-
(a) construct any access road (including
paths, driveways or other means of
access, whether public or private) to join
any road;
(b) construct a drain to join a drain
constructed alongside a road;
(c) carry out any works of any description in,
upon, over or under any road,
unless plans containing details of the
layout there of (including such particulars
as may be prescribed) have been
submitted to and approved by the
Government or the appropriate authority in
relation to the road, and the Government
or the appropriate authority, as the case
may be, may refuse such application or
allow it on such conditions as he or it may
impose.
(2) Where in the opinion of the Government or
the appropriate authority there is-
(a) a likelihood of danger to traffic;
(b) any flooding, interference or obstruction;
or
(c) any failure to comply with any conditions
imposed under sub-section (1),
in the course of, or arising from any works
referred to in sub-section (1), the
Government or the appropriate authority
may, by notice in writing, require the
person to whom approval was granted or
the occupier of the premises or land, as
the case may be, to take such appropriate
action as is necessary to remove the
danger or to remove any interference,
obstruction or to stop up any drain or to
comply with the conditions imposed within
the time specified in the notice, failing
which the Government or the appropriate
authority may take such actions as are
necessary to discontinue the danger or
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
flooding, interference or obstruction or to
ensure compliance with the conditions
imposed.
(3) Subject to sub-section (6), it shall be
lawful for the Government or the
appropriate authority, as the case may be,
by notice in the Gazette, to require the
closure or diversion of or alterations to be
made to any access road (whether
constructed before or after the
commencement of this Act).
(4) Where any action has been taken by the
Govermment or the appropriate authority
under sub-section (2) or (3), the expenses
incurred and certified in writing by the
Government or the appropriate authority
in taking such action shall be a debt due to
the Government or the appropriate
authority, as the case may be, by the
person to whom approval was granted or
the occupier of the premises or land and
may be deducted from such security
deposit paid to the Government or the
appropriate authority as a condition for
carrying out the works referred to in subsection
(1).
(5) Where any works under sub-section (1)
has been executed and it is found that the
works were executed for the purpose of
making any direct connection of any public
utility to any premises or for joining a drain
to one constructed alongside a road for
the purpose of drainage of the land on
which the first mentioned drain was
constructed the occupier of the premises
of land shall be deemed to be the person
carrying out such works for the purpose of
this section.
(6) Where as a result of a notice issued by the
Government or the appropriate authority
under sub-section (3) an access road
existing at the time of the issuance of the
notice will be totally closed and there will
be no alternative access road, the
Government or the appropriate authority,
as the case may be, shall, prior to the
closure, provide an alternative access
road:
Provided that where an alternative access
road cannot be provided or cannot be
provided without incurring unreasonable
amount of expenditure, the land so
affected shall be acquired in accordance
with any existing law relating to
compulsory acquisition and such
acquisition shall be deemed to be for a
public purpose.
(7) Any person who contravenes sub-section
(1) or fails to comply with such conditions
as may be imposed in a permit issued
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
under that sub-section shall be guilty of an
offence:
Provided that any punishment imposed
under this sub-section shall not affect any
civil liability of the person to whom
approval was granted or the occupier of
the premises or land.
(8) The Government or the Authority or the
appropriate authority, as the case may be,
may make rules, regulations or byelaws to
regulate and control the carrying out or
construction of any of the works referred
to in sub-section (1).
221. Liability for damage to highway or
structure._
(1) Any person driving any vehicle, object or
contrivance upon any highway or highway
structure shall be liable for all damage
which said highway or structure may
sustain as a result of any illegal operation,
driving or moving of such vehicle, object or
contrivance, or as a result of operating,
driving or moving any vehicle, object or
contrivance weighing or measuring in
excess of the maximum weight or
dimensions in this Act, but authorized by a
special permit issued as provided in this
chapter.
(2) Any person who, when driving or
attempting to drive a motor vehicle,
causes damage to a highways or highway
structure or causes the motor vehicle to
collide with any building or structure such
as a bus shelter, gantry post, overhead
bridge and pillar or such other thing, shall
be guilty of an offence.
(3) Whenever such driver is not the owner of
such vehicle, object or contrivance, but is
so operating, driving or moving the same
with the express or implied permission of
said owner, then said owner and driver
shall be jointly and severally liable for any
such damage.
(4) Such damage may be recovered in a civil
action brought by the authorities in control
of such highways or highway structure.
222. Putting garbage, glass, etc., on the
road or highway prohibited._
(1) No person shall throw or deposit upon any
walkway, road or highway any garbage,
glass bottle, glass, nails, tacks, wire, cans
or any other substance likely to injure any
person, animal or vehicle upon such road
or highway.
(2) Any person who deposits, drops, or
permits to be dropped or thrown, upon any
road or highway any rubbish, destructive
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
90. Parking places and halting
stations
The Government or any authority
authorised in this behalf by the
Government may, in
consultation with the local
authority having jurisdiction in
the area concerned, determine
place 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 the taking up
and setting down of
passengers.
or injurious material shall immediately
remove the same or cause it to be
removed.
(3) Any person removing a wrecked or
damaged vehicle from a road or highway
shall remove any glass or other injurious
substance dropped upon the highway from
such vehicle.
(4) Any person who contravenes this section
shall be guilty of an offence.
223. Highway construction and
maintenance._
(1) The driver of a vehicle shall yield the right
of way to any authorized vehicle or
pedestrian actually engaged in work upon
a road or highway within any road or
highway construction or maintenance area
indicated by official traffic-control devices.
(2) The driver of a vehicle shall yield the right
of way to any authorized vehicle obviously
and actually engaged in work upon a
highway whenever such vehicle displays
flashing lights meeting the requirements of
this Act or any rules and regulations made
there under.
(3) The Authority may, by regulations
prescribed conditions, subject to which
any person, vehicle or equipment may be
exempted from certain mandatory
requirements of this Act while actually
engaged in work upon a road or a
highway.
(4) Any person who contravenes this section
shall be guilty of an offence.
224. Parking places and halting stations._
(1) Any local authority or any highway
authority or any city traffic engineer
having jurisdiction in the area concerned
may, in consultation with the Authority or
the Regional Transport Authority of the
area, and the chief of police of the area,
determine suitable place(s) at which
motor vehicles or other specified vehicles
may stand either indefinitely or for a
specified period of time, either free of
charges or on payment of such fees as
may be fixed by such authority or by the
Government or by the Authority, and may
determine the places at which public
service vehicles or goods vehicles may
stop for a longer time than is necessary for
the taking up and setting down of
passengers or for loading and unloading
of goods as the case may be, and, the
period during which and the conditions
subject to which such parking place or
stand may be used by the specfied class
of vehicle, and the charges, if any, to be
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Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
made for such use, and the manner of use
and payment, and may issue orders the
authority deems necessary in this regard:
Provided that the use of any road or a part
thereof, which may unreasonably prevent
access to any premises adjoining the
road, or the use of a road by any person
entitled to the use thereof, or which may
be a nuisance, shall not be authorized as
a parking place or halting station or stand.
(2) The appropriate authority may take all
such steps, as may be necessary, to
adapt for use as a parking place, halting
station or stand any land, not being part of
a road, which may be conveniently utlized
for the aforesaid purposes, and may
lawfully acquire or take on lease , any
such land for such purposes.
(3) Any person, who without just cause or
reasonable ground, fails to comply with
any order made, or any prohibition or
restriction imposed under sub-section (1),
shall be guilty of an offence.
225. Parking not to obstruct traffic._
(1) No person shall stop or park a vehicle
parallel to another stationary or parked
vehicle or park any vehicle in such a
manner so as to impede the normal and
reasonable movement of a vehicle or a
pedestrian or any other traffic or causing
danger or inconvenience to other traffic or
road users or under such conditions as to
leave available less than 3 meters 10 feet
of the width of the roadway for the free
movement of vehicular traffic, and no
person shall stop, stand, or park a vehicle
within an alley in such position as to block
the driveway entrance to any abutting
property or any intersecting alley.
(2) No person shall start a vehicle which is
stopped or standing or parked unless and
until such movement can be made with
reasonable safety.
(3) Any person who contravenes this section
shall be guilty of an offence.
226. Parking for certain purposes
prohibited._
(1) No person shall park a vehicle upon any
road or highway, for the principal purpose
of displaying such vehicle for sale or for
washing, greasing, or repairing such
vehicle except the repairs necessitated by
an emergency or for garaging a vehicle
without authorization.
(2) No person shall park any vehicle on any
street or road for more than the prescribed
or specified period of time without the
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Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
permission of the appropriate authority.
(3) No person shall stop, stand, or park a
vehicle upon any street or road at any
place, other than a bus, in a bus stop or
other than a taxicab, in a taxicab stand or
a truck in a truck stand when any such
stop or stand has been officially
designated and appropriately signed:
Provided that the driver of a passenger
vehicle, including a taxicab, may
temporarily stop at any place in
accordance with other stopping or parking
regulations, for the purpose of expeditious
loading or unloading of passengers and
while actually engaged in loading or
unloading passengers when such stopping
does not interfere with any bus or taxicab
waiting to enter or about to enter such
zone.
(4) In the event a highway includes two or
more separate roadways and traffic is
restricted to one direction upon any such
roadway, no person shall stop, stand, or
park a vehicle upon the right side of such
roadway unless official traffic-control
devices are in place to permit such
stopping, standing, or parking.
(5) Any person who contravenes this section
shall be guilty of an offence.
227. Highway Collection._
(1) No person or organization shall, hold or
cause or permit to be held, or take part in,
a highway collection unless the collection
is being held with and in accordance with,
any statutory sanction or any permission
of the Government or the Authority or the
local authority.
(2) The Authority may make regulations
specifying the procedures for submission
of application under this section, forms to
be used for such application and the
conditions for granting such applications.
(3) A person or organization shall not hold or
cause or permit to be held or take part in a
highway collection between sunset and
sunrise.
(4) In this section- "highway collection"
means, a collection of contribution by
people who stand on, are placed on or
who move on to a carriageway to solicit
contributions, business, charity, boon, or
alms from the occupants of vehicles that
are either stationary in compliance with
any traffic control signals or otherwise or
have been forced to stop with the aim of
coliciting contributions.
(5) Any person or organization who
contravenes sub-section (1) or (3) shall be
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
guilty of an offence.
228. Power to make regulations._
(1) The Authority may make such regulations
as it may consider expedient for
prescribing anything which may be
prescribed under this Chapter, and
otherwise for the purpose of carrying into
effect or to supplement the provisions of
this Chapter.
(2) Without prejudice to the generality of the
foregoing power, the regulations under
this Chapter may be made with respect to
all or any of the following matters,
namely:-
(a) the Rules to be observed by all road
users, whether drivers, pedestrians, or
passengers or otherwise, to ensure safe
and equitable use of highways, parking
places, halting places and the places for
loading and unloading of passengers and
goods to the benefit of everyone;
(b) the regulation and control of vehicular,
animal or pedestrian traffic on highways;
(c) the regulation and control of the
construction of structures on roads;
(d) the conditions subject to which, and the
time at which, articles of exeptionally
heavy weights or exceptionally large
dimensions may be carried on roads, and
the requirements of permits for carrying
such articles;
(e) the manner in which vehicles used on
roads shall be loaded or unloaded and the
precautions to be taken for ensuring the
safety of the public in connection
therewith;
(f) the conditions subject to which, and the
times at which, goods may be loaded onto
or unloaded from vehicles or vehicles of
any particular class or description on road;
(g) the precedence to be observed as
between traffic proceeding in the same
direction, or in opposite directions, or
when crossing;
(h) the conditions subject to which, and the
times at which, animals may be led or
driven on roads;
(i) prohibiting or prescribing the conditions
subject to which vehicles, or vehicles of
any particular class or description, may
remain stationary or left unattended on
any road, any particular class of roads or
on any particular road;
(j) prohibiting animals from being on or being
left unattended or not under due control on
roads or any particular class of roads or
on any particular road;
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
restricting the use of vehicles, animals and
persons on public roads for the purpose of
advertisement of such a nature, or in such
a manner, as to be likely to be a source of
danger or to cause obstruction to traffic;
restricting and regulating the use on roads
of vehicles engaged in the erection,
placing, removal, alteration or repair of
lamps, overhead cables and road or street
works
restricting or prohibiting the washing of
vehicles and animals on roads;
prohibiting or restricting any class or
description of vehicles or any pedestrians
to be on or to travel along any road or any
part thereof;
the driving regulations, the rules to be
observed by drivers, people in charge of
animals, vehicles (including nonmotorised)
or trailers and pedestrians;
the erection, operation and maintenance
of traffic control signal and traffic signs;
traffic control and safety devices; legends,
symbols, abbreviations, inscriptions on
traffic signs; removal and replacement of
traffic signs;
obedience to traffic control devices, traffic
signals, traffic signs, traffic directions or
instructions and to the members of the
police force and other authorities;
driving generally or in a lane, or up or
down hill or on a mountain highway or
backward or in a specific place; following,
overtaking, turning, starting and stopping;
passing and giving way to emergency and
other vehicles, giving way at the
roundabout and intersection and at grade
crossings; passing silence zone, towing of
vehicles; right of way; stopping, standing,
leaving and parking; lighting and warning
devices;
control of vehicle, loading and unloading
of passengers and goods, conditions for
carrying of container on a motor vehicle or
trailer, carrying of indivisible loads or pole
type article, carrying of hazardous,
dangerous, inflammable, intoxicating
goods or substances, carrying of
overhanging and projecting loads;
issue of special permit for over size and
over weight vehicles;
conditions for driving and use of over
dimensional, over weight, large or long
vehicles;
duties and responsibilities of driver and
pedestrian at pedestrian crossing, level
crossing, intersection, cross road, one way
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
road, round about, safety zone, silence
zone, no passing zone, carriageway and
highway, restricted access and controlled
access road way;
(w) obligation to the disabled, blind, children,
senior citizens, female citizens;
(x) the maximum speed for vehicles, speed
restrictions, speed detection and
measuring devices;
(y) driving or leading animals, prohibiting
grazing of cattle on highways;
(z) weighing of motor vehicles, installation of
weighing devices or stations and their
operation and, out sourcing, or unloading
of over loaded vehicles, storage, safe
custody and disposal of excess goods
removed and the fees which may be
charged for the use of storage facilities
and the weighing device or station;
(aa) maintenance and management of' parking
places, loading areas and stands and the
fees which may be charged for their use,
disabled parking, off street parking,
parking on roads or highways with or
without payment, offence and penalties in
connection with parking and parking
devices, offence and penalties relating to
loading areas, liabilities of driver and
owner in respect of excess parking
charges, removal and disposal of vehicle
wrongly parked or parked in contravention
to any restriction or prohibition;
(bb) procedures for persons working on
highways and exemption to them;
(cc) use of specified roads and highways for
fast transit and the fees which may be
charged for their use;
(dd) obstructing highways, placing of road
hump on roads and highways, putting
destructive or other materials on
highways, meetings, processions and hatbazaars
on highways, cattle on highways,
highway collections, reservation of parking
place for disabled persons, diplomatic
missions or important persons;
(ee) the marks to be used on the surface of
highway;
(ff) the legal effects of signs, devices and
marks and the evidence that is sufficient to
prove their existence;
(gg) privileges and exemption to emergency
vehicles and other special classes of
vehicles from all or any of the provisions of
this Chapter and the conditions governing
such exemption;
(hh) prohibiting the driving of a motor vehicle or
a particular class of motor vehicle either
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XII
generally or on a specified road or
highway or area;
(ii) prohibiting the use of footpaths of
pavements by motor vehicles; and
(jj)
any other matter which is to be or may be
prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XIII : CONTROL OF TRAFFIC .................................................................................... 282
229. Restriction on the use of mobile telephones._ ........................................................... 282
230. Use of ear plug restricted._ ............................................................................................ 282
231. Processions._ ..................................................................................................................... 282
232. Control of traffic at assemblies and public resorts._ ................................................ 283
233. Opening and closing vehicle doors._ ............................................................................ 284
234. Signal and signalling devices._ ...................................................................................... 284
235. Vehicle with left-hand control._ .................................................................................... 284
236. Leaving vehicle in dangerous position._ ...................................................................... 285
237. Unlawful riding._ ............................................................................................................... 286
238. Unsafe boarding or alighting from vehicles._ ............................................................. 287
239. Obstruction to driver's view or driving mechanism._ ............................................... 288
240. Obstruction of Public Street, road or highway or public place._ ............................ 288
241. Unattended motor vehicle._ ........................................................................................... 289
242. Persons riding motor cycles._ ........................................................................................ 289
243. Fitting and wearing of safety seat belts._ ................................................................... 290
244. Requirements of additional drivers and attendants._ .............................................. 290
245. Duty to produce licence, vehicle and certificate of registration, etc._ ................. 291
246. Using of motor vehicle without registration or certificate of fitness or permit._ 293
247. Failure to produce vehicle and documents._ .............................................................. 294
248. Duty of driver to stop in certain cases._ ..................................................................... 294
249. Duty to give information._ ............................................................................................. 295
250. Power to remove or immobilise vehicles._ ................................................................. 296
251. Placing of road hump, barrier, stretching of ropes, etc., across roads._ ............. 299
252. Disobedience of orders, obstruction and refusal of information._ ......................... 300
253. Driving recklessly or dangerously._ ............................................................................. 300
254. Restriction on competetion and trial of speed._ ........................................................ 301
255. Homicide by vehicle._ ...................................................................................................... 303
256. Fleeing or attempting to elude a police officer._ ....................................................... 303
257. Careless and inconsiderate driving._ ........................................................................... 303
258. Driving while under the influence of intoxicating substance or drug._ ................ 304
259. Driving when mentally or physically unfit to drive._ ................................................ 305
260. Power to enter motor vehicles._ ................................................................................... 305
261. Power to inspect premises._ .......................................................................................... 306
262. Power to examine motor vehicles._ ............................................................................. 306
263. Power to prevent driving by incapable persons._ ..................................................... 307
264. Power to seize document._ ............................................................................................ 308
265. Power to detain and seize vehicles._ ........................................................................... 309
266. Power of police officer or other officers in investigation._ ...................................... 312
267. Power to make regulations._ ......................................................................................... 312
13-i

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
Existing Law and its provisions
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER VII
CONTROL OF TRAFFIC
Proposed Law and its provisions
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XIII : CONTROL OF TRAFFIC
229. Restriction on the use of mobile
telephones._
(1) Any person who, being the driver of a
motor vehicle, or any other vehicle uses
or responds a mobile telephone while
driving the vehicle and when it is in
motion, on a road or in a public place,
shall be guilty of an offence; or if because
of such use of telephone while driving, an
accident is caused, causing death or
grievous bodily injury or bodily injury to
another person or damage to the property
of another person, he shall also be guilty
of an offence, and any authorized officer
or prescribed authority may seize or
confiscate any such telephone or device.
(2) In this section
"mobile telephone" includes any hand held
equipment which is designed or capable of
being used for telecommunication;
"use" , in relation to a mobile telephone,
means to hold it in one hand while using it
to communicate with any person;
“respond” means reply or answer the
telephone, or take any other action in
response.
230. Use of ear plug restricted._
(1) A person who drives a motor vehicle or a
bicycle or a rickshaw or such other vehicle
with earplugs in both ears or while wearing
a headset covering both ears shall be
guilty of an offence; or if because of such
use of earplugs or headset while driving,
an accident is caused, causing death or
grievous bodily injury or bodily injury to
another person or damage to the property
of another person, he shall also be guilty
of an offence, and any authorized officer
or prescribed authority may seize or
confiscate any such ear plugs or device.
(2) This section shall not apply to any person
using a prosthetic device which aids the
hard of hearing.
231. Procession._
(1) No processions, funeral or parade containing
two hundred or more persons or fifty or
more vehicles except the Armed Forces,
Remarks
Proposed a new
law to replace
the MVO 1983
Modified
Inserted new
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
the Para Military Forces such as Border
Guards of Bangladesh, Ansars, Village
Defence Party and the Police Force and
Fire Service, shall occupy, march or
proceed along any road or highway except
in accordance with the written permission
given issued in this respect by the
Government or by the respective Mayor or
by the District Magistrate or by the
Commissioner of Police, as the case may
be, and such other rules and regulations
as are set forth herein or made hereunder,
which may apply.
(2) No driver of a vehicle shall drive between
the vehicles comprising a funeral or other
authorized procession while they are in
motion.
(3) Each driver in a funeral or other
procession shall drive as near to the lefthand
edge of the roadway as practicable
and shall follow the vehicle ahead as close
as is practicable and safe.
(4) A funeral composed of a procession of
vehicles shall be identified as such by the
display, visible through the windshield or
upon the outside of each vehicle, of a
pennant, placard, or other identifying
marking, and by turning on the headlights
of each vehicle in the procession.
(5) Any person who contravenes this section
shall be guilty of an offence.
232. Control of traffic at assemblies and
public resorts._
(1) The Commissioner of Police or The
Superintendent of Police, having
jurisdiction over the area, may from time to
time, by notifications in the Official Gazette
and in such other manner as he deems
proper, issue police orders, specifying the
routes, entrances and exits by which traffic
shall approach or leave any place of
assembly or public resort, and also
specifying where and which vehicles shall
park while waiting at such places.
(2) An order made under this section may,
with the consents of the owner or occupier
of such lands, specify a parking place or
places upon the land in private ownership.
(3) The Commissioner of Police or The
Superintendent of Police responsible,
may, with the consent of the owner or
occupier of any place of assembly or
public resort, authorise any police officer in
uniform to regulate the movement of traffic
in such place.
(4) Any person who —
(a) contravenes any order made under this
section; or
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
(b)
neglects or refuses to stop a vehicle or to
make it proceed in or keep to a particular
line of traffic or neglects or refuses himself
to proceed in or keep to a particular line of
traffic when directed to do so by a police
officer authorised under this section to
regulate traffic;
shall be guilty of an offence.
93. Signals and signalling
devices
(1) The driver of a motor vehicle
with a right hand steering
control shall on the occasions
specified in the Eleventh
Schedule make the signals
specified therein:
Provided that the signal 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.
(2) In the case of a motor vehicle
with a left hand steering control
the signal of an intention to turn
to the right or left or to stop
shall be given by a mechanical
or an electrical device of a
prescribed nature affixed to the
vehicle, and in case of sudden
failure of the devices, the signal
shall, however, be given with
the left hand.
94. Vehicle 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:
233. Opening and closing vehicle doors._
(1) No person shall open any door of a motor
vehicle unless and until it is reasonably
safe to do so and can be done without
interfering with the movement of other
traffic, nor shall any person leave a door
open on a side of a vehicle available to
moving traffic for a period of time longer
than necessary to load or unload
passengers.
(2) No bus door shall remain open while the
vehicle is in motion other than city or local
service
(3) Any person who contravenes this section
shall be guilty of an offence.
234. Signal and signalling devices._
(1) The driver of a motor vehicle shall make
signal of an intention, and on such
occassions as may be prescribed, with the
help of devices of prescribed nature
affixed to the vehicle and on completion of
the maneuver cancel such signal.
(2) A driver, who contravenes sub-section (1),
shall be guilty of an offence.
235. Vehicle with left-hand control._
(1) After the date, as the Government may by
notification in the official Gazette appoint,
no person shall drive or cause or allow to
be driven in any public place any motor
vehicle with a left-hand steering control:
Provided that the Government or the
Authority may, having regard to the
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
Provided that the Government
may, having regard to the width
and conditions of the roads in
any area or route, by
notification in the official
Gazette, exempt, subject to
such conditions as may be
specified therein any such
motor vehicle or class of motor
vehicles from the operation of
this section for the purposes of
playing in that area or route.
95. 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.
purpose of the vehicle, width and
conditions of the roads in any area or
route, by notification in the official Gazette,
exempt, subject to such conditions as may
be specified therein any such motor
vehicle or class of motor vehicles from the
operation of this section for the purposes
of plying in that area or route.
(2) No vehicle with left hand steering control
shall be used or allowed to be used as
public service vehicle.
(3) Any person who contravenes this section
shall be guilty of an offence.
236. Leaving vehicle in dangerous
position._
(1) No person, in charge of a motor vehicle,
shall cause or allow the vehicle or any
trailer which has, as a result of an accident
or any other cause, broken down, or has
been permitted to remain at rest in
contravention of any statutory prohibition
or restriction, or left 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 traffic or users of
the road.
(2) Any police officer not below the rank of a
Sub-inspector of Police or Sergeant in
uniform, or any road transport officer, or
any Inspector of Motor Vehicles, or any
road or highway authority having
jurisdiction over the road or highway, or
any other officer or person authorized in
this behalf by the Government or by the
Authority, may, require the driver, owner or
other person in charge of any such
vehicle, to move or caused to be moved
any such vehicle, to any other road,
position or place of safety, at the risk of
the owner, as may be specified by the
officer or authority acting under this
section, and may detain the same, until
any fees fixed or prescribed for such
removal and detention are paid.
(3) An officer or authority who detains a
vehicle under this section, shall, with all
reasonable dispatch give notice in writing
to the owner of the vehicle the fact of
detention, if the name and address is
known to him.
(4) If, any vehicle detained under this section
appears to have been abandoned, or if not
claimed within three months of the date of
its detention, it may be sold in public
auction or otherwise disposed of, by the
authority having jurisdiction over the road
or the area or any officer authorized in this
behalf by the Government or by the
Modified
13-285

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
96. Riding on running board
No person driving, or acting as
conductor or in charge of a
motor vehicle shall carry any
person, or permit any person to
be carried on the running board,
or on the bumper, or on the top
of the roof, or otherwise than
within the body of the vehicle, in
excess of the permissible
capacity.
Authority, after giving one month’s notice
in the official Gazette of the intention so to
do.
(5) The proceeds, if any, from the sale or
disposal of any such vehicle shall be
disbursed as specified under sub-section
(9) of section 265.
(6) Any person, who contravenes sub-section
(1), shall be guilty of an offence.
237. Unlawful riding._
(1) No person driving, or acting as conductor
or in-charge of motor vehicle shall carry
any person, or permit any person to be
carried on the running board, or on the
bumper, or on the top of the roof, or on the
top of pile of goods, or in hanging
condition or otherwise than within the body
of the vehicle, or in excess of the
permissible capacity.
(2) No person shall drive or travel in a vehicle
with his limb protruding outside the body of
the vehicle or in a manner endangering
safety or security of him or others.
(3) No driver or worker or passenger of a
public service vehicle shall behave in an
un-civil and dis-orderly manner to
passengers and intended passengers or in
a manner likely to cause annoyance to any
female passenger of a public service
vehicle.
(4) No driver or worker or passenger or
intended passenger of a public service
vehicle shall interfere with persons
boarding or alighting from the bus or
boarding or preparing to board upon any
other bus or vehicle.
(5) No driver or worker or passenger or
intended passenger of a public service
vehicle shall use an abusive language to
any passenger or molest any other
passenger in a public service vehicle.
(6) No person without lawful authority or any
passenger in a public service vehicle shall
obstruct the conductor or the driver in the
execution of his lawful duties or interfere
with the conduct or driving of the vehicle.
(7) No person or any passenger (other than
sick person) in a public service vehicle
shall spit or through garbage or do such
other thing to render a public service
vehicle dirty.
(8) No passenger shall occupy the seats
reserved for lady passengers or senior
citizens or mentally retarded children or
children upto tweve years of age or
disabled or handicapped passengers or
the space in the region of such reserved
Modified
13-286

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
97. Restrictions on boarding
public service vehicles
(1) No person shall board a public
service vehicle in excess of the
capacity authorised in the
permit, or, shall be on the
running board, or on the
bumper, or on the top of the
roof, or otherwise than within
the body of the vehicle.
(2) Any police officer not below the
rank of Sub Inspector of Police
in uniform authorised in this
behalf by the Government or
any Inspector of Motor Vehicles
may require such passenger to
alight from the vehicle forthwith
and may stop the vehicle and
keep it standing until such
passenger has alighted and
every such passenger shall be
entitled to the refund of any fare
which he might have paid.
seats in a public service vehicle.
(9) No person with contagious or infectious
disease shall board or travel and no driver
or conductor shall carry or allow such
person traveling in a public service
vehicle.
(10) No person shall ride on any vehicle or
upon any portion thereof not designed or
intended for the use of passengers:
Provided that the provision of this subsection
shall not apply to an employee
engaged in the necessary discharge of a
duty or to person riding securely within
truck bodies in the space intended for
merchandise.
(11) No person or any passenger or worker
shall smoke in any public service vehicle
or while driving a vehicle.
(12) No person shall use loud speaker or play
radio or television or any other cinema to
graphic apparatus in a motor vehicle
without permission of the prescribed
authority or in a manner not permissible
under the Act or the rules or regulation or
by the prescribed authority.
(13) No person or any passenger or worker in a
vehicle shall behave in a manner or do
any other thing which is likely to distract
the attention of the driver of the vehicle
and hampers his driving the vehicle.
(14) Any person who contravenes this section
shall be guilty of an offence.
238. Unsafe boarding or alighting from
vehicles._
(1) No person shall board or alight from any
motor vehicle while such motor vehicle is
in motion.
(2) No person driving shall risk colliding with
alighting, boarding or waiting bus
passenger.
(3) No person shall board a public service
vehicle in excess of the capacity
authorised in the permit or, shall be on the
running board, or on the bumper, or on
the top of the roof, or in hanging condition,
or in a manner not authorized, or
otherwise than within the body of the
vehicle.
(4) Any person who contravenes this section
shall be guilty of an offence.
(5) Any police officer not below the rank of
Sub-Inspector of Police or Sergeant in
uniform or any Inspector of Motor
Vehicles, or a road transport officer
authorised in this behalf by the
Government or by the Authority may,
Modified
13-287

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
98. Obstruction of driver
No person driving a motor
vehicle shall allow any person
to stand or sit or anything to be
placed in such a manner or
position as to hamper the driver
in his control of the vehicle.
require such passenger to alight from the
vehicle forthwith and may stop the vehicle
and keep it standing until such passenger
has alighted and every such passenger
shall be entitled to the refund of any fare
which he might have paid.
239. Obstruction to driver's view or driving
mechanism._
(1) No person shall drive a vehicle when it is
so constructed or loaded, or when there
are in the front seat such a number of
persons, as to obstruct the view of the
driver to the front or sides of the vehicle or
as to interfere with the driver's control
over the driving mechanism of the vehicle.
(2) No person shall drive a vehicle while a
child or any other person or an animal or
any other thing is so positioned as to be
between the body of the driver and the
steering wheel which impede the driver in
his control over the driving mechanism of
the vehicle.
(3) No person driving or in charge of a motor
vehicle shall cause or allow any person to
stand or sit or ride or anything to be placed
or carried in a motor vehicle in such a
manner or position so as to hamper the
security and safety of the passenger or the
vehicle or the driver or to obstruct the view
of the driver to the front or side of the
vehicle or so as to interfere or impede the
driver in his control of the vehicle or cause
danger to other persons using the vehicle
or the road.
(4) No person or passenger in a vehicle shall
ride, stand or sit or place anything in such
a manner or position so as to hamper the
security and safety of the passenger or the
vehicle or the driver or cause danger to
other persons using the vehicle or the road
or interfere with the driver's view ahead or
to the sides, or impede the driver in his
control over the driving mechanism of the
vehicle.
(5) No person shall drive a vehicle without
adjusting the driver’s seat for easy access
to the controls and unimpeded view to the
front or side of the vehicle or without fixing
rear view mirror (external or internal) or
without windshield glass wiper or wiper
inoperative during rain.
(6) Any person who contravenes this section
shall be guilty of an offence.
Modified
157. Obstruction in public street
or public place
Whoever causes obstruction in
240. Obstruction of Public Street, road or
highway or public place._
(1) Whoever causes obstruction in a public
Modified
13-288

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
a public street or public place
by keeping a motor vehicle for
repair or keeping or storing
spare parts of motor vehicles or
any articles for sale or keeps
any article for any other
purposes causing obstruction to
flow of traffic shall be
punishable with a fine which
may extend to 159 [ five hundred]
Taka and such vehicles or
spare parts or articles shall be
liable to confiscation.
99. 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
as to ensure that the vehicle
cannot accidentally be put in
motion in the absence of the
driver.
100. Pillion riding
(1) 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.
(2) No driver of a two wheeled
motor cycle shall drive any
motor cycle unless he wears a
street or road or highway or foot or
public place or causes danger or
inconvenience to other person or traffic
or cause traffic congestion by the
parking, placing or keeping of any
vehicle, material or matter of any
description or by leaving a vehicle or
keeping a vehicle for repair or otherwise
or keeping or storing spare parts of
vehicles or any articles for sale or keeps
any construction material or any article
for any other purposes, causing
obstruction to the flow of traffic, or
causing danger or inconvenience to the
other traffic or vehicle, or person, using
the place or likely to use, shall be guilty
of an offence and such vehicles or
spare parts or materials or articles shall
be liable to confiscation.
(2) Any vehicles or any other articles
confiscated under sub-section (1) may
be sold in a public auction or otherwise
disposed of in the manner provided
under sub-sections (4) and (5) of
section 236.
241. Unattended motor vehicle._
(1) No person driving or in-charge of a motor
vehicle shall cause or allow the vehicle to
stand unattended or 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 engine and
other mechanism of the vehicle has been
stopped and a brake or brakes applied
effectively or such other measures taken
(locking the ignition, removal of ignition
key and when standing upon any grade,
turning the front wheels to the kerb or side
of the highway) so as to ensure that the
vehicle cannot accidentally be put in
motion in the absence of the driver and
cause any injury to any person or damage
to any property or danger or
inconvenience to other vehicle or user of
the road.
(2) Any person who contravenes this section
shall be guilty of an offence.
242. Persons riding motor cycles._
(1) No driver of a two-wheeled motor cycle
shall carry any person on the cycle unless
he is licensed for at least one year, and
more than one person in addition to
himself on the cycle, and no such person
shall be carried otherwise than sitting
stride the cycle, and on a proper seat
securely fixed to the cycle behind the
driver's seat or in the side cars if so
authorised.
Modified
Modified
13-289

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
helmet of the prescribed type or
carry any person on a motor
cycle unless that person wears
a helmet of the prescribed type.
(2) No driver of a two-wheeled motor cycle
shall drive any motor cycle unless he
wears a helmet of the prescribed or
approved type or carry any person who is
too small to wear a helmet or who is not
over twelve years of age or carry any
person on a motor cycle unless that
person wears a helmet of the prescribed
or approved type.
(3) No person shall import, sell or offer for
sale or have in his possession for sale any
protective helmet which is not of a type
prescribed or approved by the Authority or
by the Government.
(4) No side car or fore car shall be attached to
a motor cycle without the approval of the
registering authority or other prescribed
authority.
(5) Any person who contravenes this section
shall be guilty of an offence.
243. Fitting and wearing of safety seat
belts._
(1) The Authority may make regulations
subject to such exemptions as it may
deem appropriate, regulating the fitting of
safety seat belts to motor vehicles or
particular class or description of motor
vehicles, the standards of quality of
material and construction with respect to
road safety seat belts, and the position in
which such safety seat belts shall be fixed,
the use and maintenance of such safety
seat belts and to prohibit the sale or
supply of such seat belts not conforming to
the standards prescribed and the type
approved.
(2) Persons driving or riding in a motor vehicle
shall wear safety seat belts where such
seat belts are fitted in the vehicle and no
person shall drive a vehicle with any
unrestrained passengers.
(3) No person shall import, sell or offer for
sale or have in his possession for sale or
fix in a motor vehicle any safety seat belt
which is not of a type prescribed or
approved by the Authority or by the
Government.
(4) Any person who contravenes this section
shall be guilty of an offence.
244. Requirements of additional drivers and
attendants._
(1) There shall be employed, two-up driver, in
driving or attending a heavy or a light
locomotive, or a vehicle providing service
at night not being a taxi-cab or where the
driver may require to work beyond the
hours of work specified in sub-section (1)
Inserted new
Inserted new
13-290

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
101. Duty to produce licence and
certificate of registration, etc
(1) The driver and the conductor, if
any, of a motor vehicle in any
public place shall, on demand
by any police officer not below
the rank of Sub Inspector of
Police in uniform or, on demand
by any Inspector of Motor
Vehicles or, any other person
authorised in this behalf by the
Government produce his
licence for examination 98 [
which shall, if found in order, be
returned forthwith].
of section 136, whilst being driven on any
road.
(2) Where any locomotive referred to in
subsection (1), draws one or more trailers
on a road, there shall be employed for the
purpose of attending to the trailer or
trailers, one person for each trailer, in
addition to the persons employed under
that sub-section.
(3) The number of trailers, if any, which may
be drawn by a motor vehicle, other than a
heavy or a light locomotive, on a road,
shall not exceed one.
(4) Where a motor vehicle, other than a heavy
or a light locomotive, draws a trailer on a
road, one person in addition to the driver
of the vehicle shall be carried on the trailer
for the purpose of attending to such trailer.
(5) Any person, who causes or permits a
motor vehicle or trailer to be driven or
drawn in contravention of this section,
shall be guilty of an offence.
(6) The Authority may by regulations
prescribe the number of attendants or
labourers who shall be and other persons
who may be carried on goods vehicles and
regulate the positions on the vehicle which
they may occupy and the duties of those
attendants or labourers.
(7) The Authority may by regulations vary the
requirements of this section in respect of
any class or description of motor vehicles
or any class or description of trailers.
(8) In this section, “trailer” shall not include —
(a) any vehicle used solely for carrying water
for the purposes of the drawing vehicle or
any agricultural vehicle not constructed to
carry a load;
(b) any road sweeping or road construction
vehicles; or
(c) any trailer or class of trailers exempted
from the operation of this section by the
Authority or by the Government.
245. Duty to produce licence, vehicle and
certificate of registration, etc._
(1) The driver or other worker of a motor
vehicle shall always have his or her driving
license or the vocational license, as
applicable, in his or her immediate
possession at all times when driving a
motor vehicle or working in a motor
vehicle, and shall display the same upon
demand of a magistrate or a police officer
not below the rank of Sub-Inspector of
Police or Sergeant or any Inspector of
Motor Vehicles or any other authorized
road transport officer or any other officer
Modified
13-291

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
(2) The owner of a motor vehicle
other than a vehicle registered
under section 48, or in his
absence the driver or other
person in charge of the vehicle,
shall, on demand by a
registering authority or any
police officer not below the rank
of Sub-Inspector of Police in
uniform or any Inspector of
Motor Vehicles or any person
authorised in this behalf by the
Government, produce the
certificate of registration of the
vehicle and, where applicable
the certificate of fitness referred
to in section 47.141
(3) Whoever while driving a motor
vehicle in a public place fails to
produce his valid driving licence
whenever required to do so by
any authority acting under this
Ordinance or any 130 [ rules or
regulations] made thereunder
shall be punished with fine of
fifty Taka.
or person prescribed, or authorized in this
behalf by the Authority or by the
Government or acting under this Act or
any rules or regulations made there under
which shall, if found in order, be returned
forthwith.
(2) The owner of a motor vehicle other than a
vehicle registered under section 118, or in
his absence the driver or other person in
charge of the vehicle, shall, on demand,
by a registering authority or any police
officer not below the rank of Sub-Inspector
of Police or Police Sergeant in uniform or
any Inspector of Motor Vehicles or a road
transport officer or any other person
authorised in this behalf by the
Government or by the Authority, produce
the vehicle and/or the vehicle
Authorization certificate required under
section 91, certificate of registration of the
vehicle issued under section 102 and,
where applicable the certificate of fitness
referred to in section 117 and the permit or
the permission or the franchise certificate
referred to in section 122 or 142, the tax
token or card or certificate issued under
section 282 and the certificate of
insurance issued under section 312 or the
certificate of security issued under section
314 for inspection at such time and place
and by such person as may be specified in
the demand notice:
Provided that it shall not be necessary to
produce the documents mentioned above
for mere checking, if the vehicle to which
the documents relates, exhibits valid
labels specified under section 108, unless
the documents are otherwise required:
Provided further that no vehicle shall be
detained under this section for a period
exceeding forty eight-hours.
(3) A fee for inspection of the vehicle or an
additional fee for any further inspection of
the vehicle may be levied from the owner,
where the vehicle is found, after a
previous inspection, not to comply with
any prescribed requirement relating to its
construction, equipment, use or condition,
or to any identification mark or sign carried
by or fixed on it or the seal of such mark or
sign, or to any marking on it.
(4) A person who without just cause or
reasonable excuse fails to comply with the
request made under sub-sections (1) or
(2) or (3) shall be guilty of an offence.
(5) For the purpose this section "display"
means the manual surrender of the license
into the hands of the demanding officer for
13-292

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
152. Using of motor vehicle
without registration or
certificate of fitness or permit
(1) Whoever drives a motor vehicle
or causes or allows a motor
vehicle to be used or let out a
motor vehicle for use in
contravention of the provisions
of section 32 or without the
certificate of fitness under
section 47 or the permit
required by sub section (1) of
section 51 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 or to the
maximum of passengers and
maximum weight of luggage
that may be carried on the
vehicle, 151 [ shall be punishable
for a first offence with
imprisonment for a term which
may extend to three months, or
with fine which may extend to
two thousand Taka, or with both
and for any subsequent offence
with imprisonment for a term
which may extend to six
months, or with fine which may
extend to five thousand Taka,
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 to the
Regional Transport Committee
within seven days.
inspection thereof.
246. Using of motor vehicle without license,
registration or certificate of fitness or
permit or certificate of insurance._
(1) Whoever drives a motor vehicle or causes or
allows a motor vehicle to be driven or let
out a motor vehicle for use-
(a) without the driving license required under
section 48 or without registration or the
certificate of registration in contravention
of the provisions of section 100 or 102, or
without the certificate of fitness required
under section 117 or the permit or the
permission or the franchise certificate or
the operator’s license required by section
122 or 142 or without the tax token or card
or certificate issued under section 282 or
without the certificate of insurance or
secutity required under section 312 or 314
and when such licenses or certificates or
permit or permission has expired or
ineffective, or when such licenses,
certificates, permits or operator’s license
or franchise or tax token or card or
insurance or secutity has been suspended
or cancelled or the holder of the license or
certificate or permit is disqualified; or
(b) in contravention of any conditions
including the conditions specified under
section 129 or 148 of such permit or
franchise or operator’s license or in
contravention of any conditions relating to
the route on which, or the area in which, or
the purpose for which the vehicle may be
used, or to the maximum of passengers
and maximum weight of luggage or goods,
or the nature of goods that may be carried
on the vehicle, or the manner in which
they may be carried,
shall be guilty of an offence.
(2) It shall be an offence for a person to
permit or lend for use his license,
registration certificate or permit or
permission or franchise certificate or a
number plate by another person or
vehicle.
(3) 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 to the Authority or the
Regional Transport Authority, as the case
may be within seven days.
Modified
13-293

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
102. Duty of driver to stop in
certain cases
(1) The driver of a motor vehicle
shall cause the vehicle to stop
and remain stationary so long
as may reasonably be
necessary:-
(a) when required to do so by
any police officer in uniform, or
any Inspector of Motor
Vehicles, or any person
authorised in this behalf by the
Government, or
(b) when required to do so by
any person in charge of an
animal if such person
apprehends that the animal is,
or being alarmed by the vehicle
will become, unmanageable, or
(c) when the vehicle is involved
in the occurrence of an accident
to a person, animal or vehicle or
of damage to any property,
whether the driving or
management of the vehicle was
or was not the cause of the
accident or damage,
and he shall give his name and
address and the name and
address of the owner of the
vehicle to any person affected
by any such accident or
damage who demands it
provided such person also
furnishes his name and
address.
(2) The driver of a motor vehicle
shall, on demand by a person
giving his own name and
247. Failure to produce vehicle and
documents._
Any person, who is legally bound, without
just cause or reasonable grounds, fails to
stop, produce the vehicle or any license or
certificate or permit or token or label or
any other documents, whenever required
to do so, by any officer or authority acting
under this Act or any rules or regulations
made there under shall be guilty of an
offence:
Provided that no person shall be convicted
of an offence under this section, if, such
person produces the same at such a
police station, as may be specified by him
at the time of such requirement or at the
office of the officer or authority who made
the demand, within forty-eight hours of
such requirement.
248. Duty of driver to stop in certain cases._
(1) The driver of a motor vehicle shall cause
the vehicle to stop and remain stationary
so long as may reasonably be necessary:-
(a) when required to do so by any police
officer in uniform, or any road transport
officer or any Inspector of Motor Vehicles,
or any other officer or person authorized in
this behalf by the Government or by the
Authority; or
(b) if such officer or person has reasonable
cause to believe that the vehicle is being
used in contravention of this Act or any
rules or regulations made there under or
an offence has been committed in relation
to the use of the vehicle in a public place;
or
(c) when required to do so by any person incharge
of an animal if such person
apprehends that the animal is, or being
alarmed by the vehicle will become,
unmanageable, or
(d) when the vehicle is involved in the
occurrence of an accident where by
damage or injury is caused to a person,
animal or vehicle or to any property,
whether the driving or management of the
vehicle was or was not the cause of the
accident or damage or injury; or
(e) when required to do so by the driver or
other person in-charge of a vehicle which
is involved in accident or by any other
person injured in an accident if such
person or other injured persons are
required to be taken immediately to a
hospital for medical attention;
and he shall give his name and address
and the name and address of the owner
Inserted new
Modified
13-294

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
address and alleging that the
driver has committed an offence
punishable under section 143,
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.
146. Punishment for offence
relating to accidents
Whoever fails to comply with
the provisions of clause (c) of
sub section (1) of section 102
or, of section 104 shall be
punishable with imprisonment
for a term which may extend to
141 [ three months], or with fine
which may extend to
142 [ five
hundred] Taka, or with both or,
if having been previously
convicted of an offence under
this section, with imprisonment
for a term which may extend to
143 [ six months], or with fine
which may extend to
144 [ one
thousand] Taka, or with both.
103. Duty of owner of motor
vehicle to give information
The owner of a motor vehicle
the driver or conductor of which
is accused of any offence under
this Ordinance shall, on the
demand of any police officer
authorised in this behalf by the
Government or on the demand
of any Inspector of Motor
Vehicles or, other persons
authorised in this behalf by the
Government, give all
information regarding the name
and address of and the licence
held by the driver or conductor
which is in his possession or
could by reasonable diligence
be ascertained by him.
and the identification marks of the vehicle
to any person affected by any such
accident or damage who demands it
provided such person also furnishes his
name and address.
(2) If in the case of any such accident as
aforesaid, the driver of the motor vehicle
for any reason does not give his name and
address to any such person as aforesaid,
he shall report the accident at a police
station or to a police officer as soon as
reasonably practicable and, in any case,
within twenty-four hours of the occurrence
thereof.
(3) Any person who without just cause or
reasonable excuse, fails to comply with
the requirements of this section shal be
guilty of an offence.
(4) Any police officer in uniform or any
authorized road transport officer or other
authorized officer or person may, arrest
without warrant any person who is
reasonably suspected of having failed to
comply with this section.
249. Duty to give information._
(1) A person committing an offence under the
Act or the rules and regulations made
there under shall, on demand by a police
officer or a road transport officer or other
authorized person give his name and
address and the license if any to the
police officer or the other authorized
person making the demand, failing to do
so, he shall be guilty of an offence.
(2) The owner or the incharge of a motor
vehicle, the driver or conductor or any
other worker or employee of which is
accused of any offence under this Act
shall, on the demand of any police officer
authorised in this behalf by the
Government or on the demand of any
road transport officer or any Inspector of
Motor Vehicles or, other persons
authorised in this behalf by the
Government or by the Authority, give all
information necessary including the name
and address of and the licence held by
the driver or conductor or other worker
which is in his possession or could by
reasonable diligence be ascertained by
him.
(3) Any person, who refuses or fails to furnish
within seven days of the date on which the
information was required from him or
willfully furnishes any false or misleading
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
information under sub-section (1), shall be
guilty of an offence.
(4) Any police officer or any other authorized
officer or person, may, arrest without
warrant any person committing or abetting
an offence under this section
250. Power to remove or immobilise
vehicles._
(1) Any police officer not below the rank of
Sub-Inspector of Police or Sergeant or any
highway authority or any local authority or
any city traffic engineer having jurisdiction
over the area or the roads or highway or
any road transport officer or any other
officer or authority prescribed or
authorised by the Authority, in accordance
with the regulations that may be made in
this behalf by the Authority, remove to the
designated garage or other place of safety
or fix or caused to be fixed an
immobilisation device as the authority or
officer may deem fit, to the vehicle-
(a) which is being used or parked on a road or
in a parking place, is registered in the
name of a person against whom a warrant
of arrest is in force; or
(b) the driver of which is involved in an
accident; or
(c) the driver of which has failed to satisfy five
or more parking or traffic citations and that
a warrant of arrest has been issued for
such driver; or
(d) when the person(s) in charge of a vehicle
is unable to provide for its custody or
removal; or
(e) when the person driving or in control of a
vehicle is arrested for an alleged offence;
or
(f) the vehicle in respect of which report has
been made that such vehicle has been
stolen or taken without the consent of its
owner; or
(g) the vehicle which has been parked or
broken down on a road or permitted to
remain at rest-
(i) on a road in contravention of any statutory
prohibition or restriction; or
(ii) on a road in such a position or in such
condition or in such circumstances as to
cause or likely to cause obstruction,
danger or undue inconvenience to other
person or traffic using the road; or
(iii) on a road, or on any land in the open air,
in such a position or in such condition or in
such circumstances as to appear to the
authority or officer empowered, to have
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
been abandoned without lawful authority;
and the vehicle shall remain so
immobilised or detained at the risk of the
owner thereof until it is released as
provided under sub-section (5).
(2) Immobilization of a vehicle under this
section shall be in a manner so as to
prevent its operation by means of a device
which will cause no damage to the vehicle
unless the vehicle is moved.
(3) Where in pursuance of sub-section (1) an
authority proposes to remove a vehicle
which appears to the authority to be
abandoned and in such a condition that it
ought to be destroyed, then the authority
shall, not less than the prescribed period
before removing it, cause to be affixed to
the vehicle a notice stating that it proposes
to remove the vehicle for destruction when
that period expires.
(4) On any occasion when an immobilisation
device is fixed to a vehicle in pursuance of
sub-section (1), the authority fixing the
device shall also affix to the vehicle a
notice-
(a) indicating that such a device has been
fixed to the vehicle and warning that no
attempt should be made to drive it or
otherwise put it in motion until it has been
released from that device;
(b) specifying the steps to be taken in order to
secure its release; and
(c) giving such other information as may be
prescribed.
(5) A vehicle to which an immobilisation
device has been fixed in accordance to
this section may, only be released from
that device by or under the direction of the
authority who fixed it or by or under the
direction of any other prescribed authority
and on payment by the person
responsible, such charges as may be
prescribed.
(6) The officer or the authority acting under
sub-section (5) may refuse to order the
release of any vehicle that has been
immobilised or seized and detained under
clause (a) of sub-section (1) until the
person in whose name the vehicle is
registered has been arrested in connection
with the warrant of arrest in force against
him or has surrendered himself to a police
officer or the warrant of arrest in force
against him has been cancelled by a court.
(7) An officer or authority who removes a
vehicle under this section shall not later
than three days of such removal shall
intimate in writing to the owner of such
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
vehicle the fact of removal and the
reasons therefor and the place to which
such vehicle has been removed and a
report to the nearest police station.
(8) Where a vehicle is removed under this
section, the authority or other person
prescribed or authorized in this behalf,
shall be entitled to recover from the person
responsible, such charges as may be
prescribed in respect of the removal and
storage of the vehicle and shall also be
entitled to retain custody of the vehicle
until the sum recoverable has been paid.
(9) A vehicle removed in pursuance of this
section or appears to have been
abandoned may be disposed of in
accordance to such procedure as may be
prescribed.
(10) While a vehicle is in custody of an
authority in pursuance of this section or of
regulations made under this section, other
than a vehicle which in the opinion of that
authority is in such a condition that it ought
to be destroyed, it shall be the duty of that
authority to take such steps as are
reasonably necessary for the safe custody
of the vehicle.
(11) Any person who, without being authorised
to do so in accordance with this section, or
in accordance with the regulations made in
this respect, removes or attempts to
remove a notice affixed to a vehicle or an
immobilisation device fixed to a vehicle in
accordance with this section shall be guilty
of an offence.
(12) In this section-
(a)
(b)
'vehicle' means any vehicle, whether or
not it is in a fit state for use on roads, and
includes any chassis or body, with or
without wheels, appearing to have formed
part of such a vehicle, and any load
carried by, and anything attached to, such
a vehicle;
'person responsible' in relation to a vehicle
means-
(i) the owner of the vehicle at the time when it
was put in the place from which removed
or immobilised unless the owner shows
that he was not concerned in, and did not
know of, its being put there; and
(ii) any person by whom the vehicle was put
in that place.
(13) The Authority may prescribe the terms and
conditions subject to which a person or a
firm having appropriate equipment,
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
adequate facilities, skill and experience
may be registered and authorized by the
competent authority for the removal and
safe custody of vehicles under this section
or for the removal or rescue or salvage of
the break-down vehicles or vehicles
damaged and disabled in an accident.
(14) The Authority may prescribe conditions
subject to which a vehicle or any class of
vehicle prescribed may be exempted from
any or all the provisions of this section.
251. Placing of road hump, barrier,
stretching of ropes, etc., across roads._
(1) Any person, who without lawful authority,
for any purpose, places or causes to be
placed any road hump, barrier, or any
rope, wire, chain, tackle or similar
apparatus, across a road or any part
thereof, in such a manner as to be likely to
obstruct traffic movement, cause
inconvenience or danger to persons or
damage to vehicles or other traffic using
the road shall, unless he proves that he
had a lawful authority or right so to do, and
that he had taken all necessary measures
to give adequate warning of the
inconvenience or danger, be guilty of an
offence.
(2) Notwithstanding anything contained in any
other law for the time being in force, any
police officer in uniform, authorised in
writing by the Deputy Commissioner of
Police, or by the Superintendent of Police,
having jurisdiction over the area, or any
road transport officer including an
Inspector of Vehicles, authorized in writing
by the Director having jurisdiction over the
area, or any other officer or person
authorized in this behalf by the Authority,
or any local authority or any road or
highway authority having jurisdiction in the
area concerned, may, if he or she
considers it necessary so to do, for the
enforcement of this Act or any rules or
regulations made ther under, erect or
place or cause to be ereeted or placed any
barrier, as prescribed, on or across any
road, in such manner as he may think fit;
and any such officer may, take all
reasonable measures to prevent, any
vehicle from being driven past any such
barrier, including any measure to pursue
and stop any such vehicle where, having
regard to the prevailing circumstances at a
given moment of time, it is apparent that if
such measure is not taken, the escape of
such vehicle to avoid detection or
otherwise, is likely to be imminent.
(3) Any person, who fails to comply with any
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
140. Disobedience of orders,
obstruction and refusal of
information
(1) Whoever wilfully disobeys and
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
punishable with imprisonment
for a term which may extend to
123 [ one month] or with fine
which may extend to
124 [ five
hundred] Taka, or with both.
143. Driving recklessly or
dangerously
reasonable signal or direction of a police
officer in uniform, or a road transport
officer, or any other authorized officer or
person, or any authority, requiring such
person or vehicle, to stop before reaching
any such barrier, or attempts to cross or
knock any such barrier, shall be guilty of
an offence.
(4) No officer, person or authority acting in
good faith under this section, shall be
liable for any loss, injury or damage
caused to any person, vehicle or property
consequent upon his taking the steps
mentioned in subsection (2).
252. Disobedience of orders, obstruction
and refusal of information._
(1) Where a police officer in uniform or other
authorized person is for the time being
engaged in regulating traffic on a road,
notwithstanding that any traffic sign has
been lawfully placed on or near that road
and is operative, any pedestrian who fails
or neglects to obey or any person driving
or propelling any vehicle, who obstructs
other vehicle or person disobeying a lawful
order, or who fails or neglects to stop the
vehicle or to make it proceed in or keep to
a particular line of traffic when directed so
to do by such police officer or other
authorized person, shall be guilty of an
offence.
(2) Subject to sub-section (1), where any
traffic sign has been lawfully placed on or
near any road and is operative, any
pedestrian or any person driving or
propelling any vehicle, who fails or
neglects to conform to the indication given
by the sign, shall be guilty of an offence.
(3) Whoever willfully disobeys any direction
lawfully given by any person or authority
empowered under this Act to give such
direction, or obstructs any person or
authority in the discharge of any function
which such person or authority is required
or empowered under this Act to discharge,
or, being required by or under this Act 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 be guilty of an
offence.
(4) Any police officer or any authorized road
transport officer or any other authorized
officer or person, may, arrest without
warrant any person committing or abetting
an offence under this section.
253. Driving recklessly or dangerously._
(1) Any person, who drives a motor vehicle at
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
Whoever drives a motor vehicle
at a speed or in a manner which
is dangerous to the public,
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 punishable
on a first conviction for the
offence with imprisonment for a
term which may extend to 134 [
six months], or with fine which
may extend to
135 [ five hundred]
Taka, and his driving licence
shall be suspended for a
specified period, and for a
subsequent offence if
committed within three years of
the commission of a previous
similar offence with
imprisonment for a term which
may extend to
136 [ six months],
or with fine which may extend to
137 [ one thousand] Taka, or with
both, and his driving licence
shall be
138 [ suspended for a
period not exceeding one
month].
148. Racing or a trial of speed
Whoever without the written
consent of the Government
permits or take part in a race or
trial of speed between motor
vehicles in any place shall be
punishable with imprisonment
a speed or in a manner which is
dangerous to the public, or other person
or vehicle using the road or place 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 guilty of reckless or
dangerous driving.
(2) Any person who causes death or grievous
bodily injury or bodily injury to another
person or damage to the property of
another person, by driving recklessly or
dangerously shall be guilty for such an
offence.
(3) The trial court may order, particulars of
any conviction under this section, to be
endorsed on any driving licence, held by
the person convicted, and may also
disqualify the person, from holding or
obtaininga driving licence, for such period
not less than three years and may extend
to life time of the holder.
(4) Where a person is convicted of abetting
the commission of an offence under this
section, and it is proved that he was
present in the motor vehicle at the time of
the commission of the offence, the
offence of which he is convicted shall be
deemed to be an offence in connection
with the driving of a motor vehicle.
(5) A person committing an offence under this
section or under sections 48, 100, 122,
142, 191, 193, 227, 248, 252, 254, 255,
256, 257, 258, 259, 295, 298, 305, 306, or
308 or abets any offence under the above
mentioned sections or who uses a vehicle
in the commission of a cognizable offence
shall, on demand by a police officer or a
road transport officer or other authorized
person give his name and address and
the license if any to the police officer or
the other authorized person making the
demand, failing to do so, he shall be guilty
of an offence.
(6) Any police officer or any other authorized
officer or person, may, arrest without
warrant any person committing or abetting
an offence under this section.
254. Restriction on competetion and trial of
speed._
(1) No competition or trial of speed involving
the use of vehicles, shall take place on a
road, without the previous written consent
of the Government or the Authority, or the
highway authority, local authority and the
police authority, within the area of such
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
for a term which may extend to
145 [ one month], or with fine
which may extend to
146 [ five
hundred] Taka, or with both,
and his driving licence shall be
suspended for a period which
may extend to
147 [ one month].
authority.
(2) Any person, who promotes, advertises or
assists in the management or supervision
of any competition or trial of speed, or
takes part or drives any vehicle in any
race, speed competition or contest, drag
race or acceleration on test, test of
physical endurance, exhibition of speed or
acceleration, or for the purpose of making
a speed record which has not been so
approved under sub-section (1), shall be
guilty of an offence; or if as a result of
such unauthorized racing or trial of speed,
an accident is caused, causing death or
grievous bodily injury or bodily injury to
another person or damage to the property
of another person, he shall also be guilty
of an offence.
(3) Any police officer or other authorized
officer or person, may arrest without
warrant any person committing an offence
under sub-section (2), and may seize and
detain for the purposes of proceedings
under this Act, any vehicle used in any
competition or trial of speed, which has not
been so approved.
(4) Where a motor vehicle has been seized
under subsection (3), a notice in writing
shall be given to the registered owner, with
all reasonable despatch, if his address is
known, otherwise, a notice may be
published in the official Gazette specifying
that such vehicle has been seized, and
calling upon the owner or any other
person, who may have a claim thereto,
within one month from the date of such
notice, to appear and establish his claim.
(5) If, the vehicle seized is not claimed within
the period specifiedin sub-section (4), the
vehicle shall be forfeited, and the Police
officer or the road transport officer
authorized under sub-section (3) of section
265, after giving one month’s notice in the
Gazette of his intention to do so, may sell
by public auction or otherwise dispose of
the vehicle.
(6) The proceeds, if any, from the sale or
disposal of any such vehicle shall be
disbursed in the manner specified in subsection
(9) of section 265.
(7) Upon receipt of a claim under sub-section
(4), the Chief Police Officer of the area or
a director of the road transport
department, having jurisdiction over the
area, may direct that such vehicle be
released on payment of cost incidental
and the fine due, if imposed by any trial
court.
(8) Any person aggrieved by the decision of
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
any officer acting under this section, may
appeal in the prescribed manner to an
authority prescribed for the purpose,
whose decision shall be final.
(9) No person shall in any proceedings in any
court, in respect of the seizure of any
vehicle under sub-section (3), be entitled
to the costs of such proceedings, or to any
damages or other relief, other than an
order for the return of such vehicle, unless
such seizure was made without
reasonable cause.
255. Homicide by vehicle._
(1) Any person who unlawfully and
intentionally causes the death of another
person while engaged in the violation of
any law applying to the operation or use
of a vehicle or to the regulation of traffic
shall be guilty of homicide when such
violation is the proximate cause of said
death.
(2) The provisions of sections 302 of the
Bangladesh Penal Code, 1860 (Act No
XLV of 1860) shall apply to any offence
under sub-section (1).
(3) Any police officer or other authorized
officer or person, may arrest without
warrant any person committing an offence
under this section.
256. Fleeing or attempting to elude a police
officer._
(1) Any driver of a motor vehicle who wilfully
fails or refuses to bring his or her vehicle
to a stop, or who otherwise flees or
attempts to elude a pursuing police
vehicle, or a police officer in uniform or
other officer empowered under this Act,
when given visual or audible signal to
bring the vehicle to a stop, shall be guilty
of an offence.
(2) Any police officer or other authorized
officer or person, may arrest without
warrant any person committing an offence
under this section.
257. Careless and inconsiderate driving._
(1) Any person, who drives a motor vehicle on
a road or any other place, without due
care and attention or without reasonable
consideration for other persons or vehicle
using the road or the place shall be guilty
of an offence; or if as a result of such
driving an accident is caused, causing
death or grievous bodily injury or bodily
injury to another person or damage to the
property of another person, he shall also
be guilty of an offence.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
144. Driving while under the
influence of drink or drug
Whoever while driving or
attempting to drive a motor
vehicle is under the influence of
drink or drug to such extent as
to be incapable of exercising
proper control over the vehicle,
shall be punishable for a first
offence with imprisonment
which may extend to three
months, or with fine which may
extend to one thousand Taka,
or with both, and for a
subsequent offence with
imprisonment which may
extend to two years, or with fine
which may extend to one
thousand Taka, or with both
and his driving licence shall be
suspended for a specified
period.]
(2) Whoever, while driving a motor vehicle,
impedes or does not give way to other
vehicle intentionally or when it could be
safely done or increase speed or fail to
move to the left when being overtaken or
overtakes a vehicle when overtaking is
prohibited or overtaking is unsafe, shall be
guilty of an offence.
258. Driving while under the influence of
intoxicating substance or drug._
(1) Any person who, when driving or
attempting to drive a motor vehicle, or
when in actual physical control of any
vehicle, or in charge of a vehicle on a road
or in any other public place-
(a) is unfit to drive in that he is under the
influence of drink or of a drug or an
intoxicating substance to such an extent
as to be incapable of exercising proper
control over the vehicle; or
(b) has so much of alcohol concentration in
his body that the proportion of it in his
breath, blood or urine exceeds the limit
prescribed or specified by the competent
authority, measured within three hours of
the time of driving or being in the actual
physical control of the vehicle;
shall be guilty of an offence.
(2) Any person who causes death or grievous
bodily injury or bodily injury to another
person or damage to the property of
another person by driving a vehicle with
unlawful blood alcohol level or while under
the influence of drink or of a drug or an
intoxicating substance shall be guilty of an
offence.
(3) Any police officer not below the rank of
Sub-Inspector of Police or a Police
Sergeant or other authorized officer or
person shall, subject to the provision of
this section, or any rules or regulations
made there under, may require any person
committing an offence under sub-section
(I), to give in the prescribed manner, such
test of breath or of blood or of urine or
such other test as may be necessary to
determine, if the person committing the
offence was under the influence of any
intoxicating substance or liquor or drink or
drug or exceeded the prescribed limit of
alcohol in his blood, urine or breath:
Provided that where a specimen other
than a specimen of breath is required, the
police officer or the other authorized officer
or person making the requirement shall,
subject to medical advice, decide whether
it is to be a specimen of blood or urine.
(4) A person who is at a hospital as a patient,
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
145. 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
punishable 140 [ for a first offence
with fine which may extend to
five hundred Taka and his
driving licence shall be
suspended for a specified
period and for a subsequent
offence with imprisonment for a
term which may extend to three
months, or with fine which may
extend to five hundred Taka or,
with both].
shall not be required to provide a
specimen for a breath test, or to provide a
specimen for a laboratory test, where it
would be prejudicial to the proper care and
treatment of such patient, and unless the
medical practitioner in immediate charge
of his case authorises it, and the specimen
is to be provided at the hospital.
(5) A person required to provide a specimen
of breath, blood or urine may, thereafter
be detained at a police station, until it
appears to the police officer or other
authorized officer or person, acting under
sub-section (3), that driving a motor
vehicle on a road by that person would not
be an offence under sub-section (1), but in
no case such period of detention shall
exceed twenty-four hours:
Provided that a person shall not be
detained in pursuance of this sub-section,
if, it appears that by reason of his
condition, there is no likelihood of his
driving a motor vehicle.
(6) A person who, without just cause or
reasonable excuse, fails to provide a
specimen when required to do so in
pursuance of sub-section (3) of this
section shall be guilty of an offence.
(7) Any police officer or other authorized
officer or person, may arrest without
warrant any person committing an offence
under this section.
259. Driving when mentally or physically
unfit to drive._
(1) Any person who drives a motor vehicle in
any public place when he is mentally or
physically unfit to drive, or when he is to
his knowledge suffering from any disease
or disability or defective eyesight
calculated to cause his driving of the
vehicle to be a source of danger to the
public or other person or vehicle using the
road or place shall be guilty of offence; or
if as a result of such driving an accident is
caused, causing death or grievous bodily
injury or bodily injury to another person or
damage to the property of another person,
he shall also be guilty of an offence.
(2) Any police officer or other authorized
officer or person, may arrest without
warrant any person committing an offence
under this section.
Modified
260. Power to enter motor vehicles._
(1) Any police officer in uniform or any road
transport officer or any Inspector of Motor
Vehicles or other officer or person
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
authorized in this behalf by the
Government or by the Authority may, for
the purpose of establishing the identity of
the driver of a motor vehicle or for carrying
out the provisions of sections 191, 253,
254, 255, 256, 257, 258, 259 or 358 or
arresting a person, as may be applicable
enter the motor vehicle using, if
necessary, reasonable force, if the driver
refuses or fails to obey any lawful direction
given to him by the police officer or by any
road transport officer or the Inspector of
Motor Vehicles or other authorised officer
or person.
(2) Any person, who obstructs or attempts to
obstruct any police officer or other
authorized officer or person in the exercise
of his powers and performance of his duty
under this section, that person shall be
guilty of an offence.
261. Power to inspect premises._
(1) Any police officer not below the rank of a
Sub-inspector of Police or Sergeant, in
uniform or any road transport officer or any
Inspector of Motor Vehicles or other officer
or person authorised in this behalf by the
Government or by the Authority may, for
the purpose of examining any vehicle in
respect of which he has reason to believe
that an offence under this Act has been
committed, enter at any time any place in
which he suspects that such vehicle is
kept.
(2) Any police officer not below the rank of a
Sub-inspector of Police or Sergeant, in
uniform, or any road transport officer, or
any Inspector of Motor Vehicles, or other
officer or person authorised in this behalf
by the Government or by the Authority
may, in conducting an investigation into
any occurrence of accident, in which death
or grievous injury is caused to any person,
or if an offence requiring seizure, in
connection with which a vehicle is
suspected to be concerned, may, enter
any place to search for and examine such
vehicle.
(3) Any person, who obstructs or attempts to
obstruct any police officer or other
authorized officer or person in the exercise
of his powers and performance of his duty
under this section, that person shall be
guilty of an offence.
262. Power to examine motor vehicles._
(1) Any police officer in uniform or any road
transport officer or any Inspector of Motor
Vehicles or other officer or person
authorised in this behalf by the
Inserted new
Inserted new
13-306

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
Government or by the Authority may, for
the purpose of ensuring that any vehicle or
trailer or any combination thereof that is
being used on a road complies with this
Act, at any time —
(a) examine the vehicle or trailer or the
licence, certificate of registration,
certificate of fitness, permit, tax token or
such other documents relating thereto; or
(b) order the owner or driver of the vehicle or
trailer to deliver the same for an inspection
by such person and at such time and
place as the police officer may specify.
(2) Any person, who obstructs or attempts to
obstruct a police officer or other authorized
officer or person in the exercise of his
powers under subsection (1) (a) or fails to
comply with any order given by the police
officer or other authorised officer or
person, under subsection (1) (b), shall be
guilty of an offence.
263. Power to prevent driving by incapable
persons._
(1) Any police officer in inform or any road
transport officer or any Inspector of Motor
Vehicles or other officer or person
authorised in this behalf by Government or
by the Authority, who is of the opinion on
reasonable grounds that a person, driving
or about to drive a motor vehicle, is by
reason of his or her physical or mental
condition incapable of having proper
control of the motor vehicle may, do all or
any of the following actions, namely-
(a) forbid that person to drive the motor
vehicle while so incapable;
(b) require that person to deliver up forthwith
all ignition or other keys of the motor
vehicle in his or her actual possession;
and
(c) take such other steps as may in the
opinion of the police officer or other person
be necessary to render the motor vehicle
immobile or to remove it to a place of
safety.
(2) Nothing in sub-section (1) authorises the
detention of any keys or the immobilisation
or detention of any motor vehicle for any
longer period than is necessary in all the
circumstances of the case in the interest of
the person driving or about to drive it or of
any person or the public.
(3) Any person who contravenes any
prohibition or requirement made under
sub-section (1) or in any manner obstructs
or attempts to obstruct the police officer or
other authorised person acting under subsection(
1) shall be guilty of an offence.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
161. Power of police officer to
impound document
(1) Any police officer 165 [ not below
the rank of Sub-Inspector or
Sergeant] or any Inspector of
Motor Vehicles authorised in
this behalf or other person
authorised in this behalf by the
166 [ Authority] 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 fitness, certificate
of insurance or other document
produced to him by the driver or
person in charge of a motor
vehicle is a false document
within the meaning of section
464 of the Penal Code 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 167 [ not below
the rank of Sub-Inspector or
Sergeant] or any Inspector of
Motor Vehicles authorised in
this behalf or other person
authorised in this behalf by the
168 [ Authority] may, if he has
reason to believe that the driver
or the conductor, if any, 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 or conductor
and forward it to the Court
taking cognizance of the
offence and the said Court
shall, on the first appearance of
such driver or conductor before
it, return the licence to him in
exchange for the temporary
acknowledgement given under
sub section (3).
(4) A court may only find a person guilty of an
offence under sub-section (3), if the court
is satisfied that the police officer or other
authorised person had reasonable
grounds for believing that in all the
circumstances of the case the action taken
by the police officer or other person acting
under sub-section (1) was necessary in
the interest of that person or any other
person or of the public.
264. Power to seize document._
(1) Any police officer not below the rank of
Sub-Inspector or Sergeant or any
Inspector of Motor Vehicles or any road
transport officer or other officer or person
authorised in this behalf by the
Government or by the Authority may, if he
has reason(s) to believe that any
identification mark carried on a motor
vehicle or any licence, permit, certificate of
registration, certificate of fitness, certificate
of insurance or other document produced
to him by the driver or person in charge of
a motor vehicle is a false document within
the meaning of section 464 of the Penal
Code, 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 not below the rank of
Sub-Inspector or Sergeant or any
Inspector of Motor Vehicles or any road
transport officer or other officer or person
authorised in this behalf by the
Government or by the Authority may, if he
has reason to believe that the driver or the
conductor or other worker, if any, of a
motor vehicle who is charged with any
offence under this Act may abscond or
otherwise avoid the service of a summons,
seize any licence held by such driver or
conductor or other worker and forward it to
the Court taking cognizance of the offence
and the said Court shall, on the first
appearance of such driver or conductor or
other worker before it, return the licence to
him in exchange for the temporary
acknowledgement given under this subsection.
(3) Any person, who obstructs or attempts to
obstruct any police officer or any road
transport officer or any Inspector of Motor
Vehicles or other authorised officer or
person in the exercise of his powers and
duty under this section, that person shall
be guilty of an offence.
(4) A police officer or any Inspector of Motor
Vehicles or any road transport officer or
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
(3) A police officer or any Inspector
of Motor Vehicles or other
person seizing a licence under
sub section (2) shall give to the
person surrendering the licence
a temporary acknowledgement
therefore and such
acknowledgement shall
authorise the holder to drive or
to act as conductor until the
licence has been returned to
him or until such date as may
be specified by the police officer
or by the Inspector of Motor
Vehicles or by other person in
the acknowledgement,
whichever is earlier or the Court
has otherwise ordered.
162. Power to detain vehicles
used without certificate of
registration or certificate of
fitness or permit
Any police officer or any
Inspector of Motor Vehicles
authorised in this behalf or
other person authorised in this
behalf by the 169 [ Authority]
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 32
or without the certificate of
fitness required by sub section
(1) of section 47 or without the
permit required by sub section
(1) of section 51 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:
Provided that, where any such
officer or person has reason to
believe that a vehicle has been
or is being used without the
certificate of fitness required by
sub section (1) of section 47 or
without the permit required by
sub section (1) of section 51, he
may, instead of seizing the
vehicle, seize the certificate of
registration of the vehicle, and
other officer or person authorised, seizing
a licence under sub-section (2) shall give
to the person surrendering the licence a
temporary acknowledgement therefore
and such acknowledgement shall
authorise the holder to drive or to act as
conductor until the licence has been
returned to him or until such date as may
be specified by the police officer or by the
Inspector of Motor Vehicles or by other
officer or person in the acknowledgement,
whichever is earlier or the Court has
otherwise ordered.
265. Power to detain and seize vehicles._
(1) Any Police Officer in uniform not below the
rank of a Sub-Inspector or Sergeant, or
any road transport officer not below the
rank of Inspector of Motor Vehicles, or
such other officers or person or agent, as
may be authorized by the Government or
by the Authority, may, if he has reason to
believe that-
(a) an offence under this Act has been or is
being committed in connection with the
vehicle; or
(b) the motor vehicle has been or is being
used in contravention of the provisions of
section 100; or
(c) the vehicle has been or is being used
without the certificate of fitness required by
sub-section (I) of section 117; or
(d) the vehicle has been or is being used
without the permit or a franchise certificate
required by section 122 or 142; or
(e) the vehicle has been or is being used in
contravention of the conditions of any
licence, registration or the permit or
franchise; or
(f) the vehicle has been or is being used in
contravention of the conditions relating to
the route on which or the area in which or
the purpose for which the vehicle may be
used; or
(g) the vehicle has been or is being used
without paying the tax due under section
283 or 286, as the case may be; or
(h) the vehicle has been or is being used in
contravention of this Act or any rules or
regulations made thereunder; or
(i) the vehicle which is being used or parked
on a road or in a parking place is
registered in the name of a person against
Modified
13-309

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
shall issue an
acknowledgement in respect
thereof.
whom a warrant of arrest is in force;
the officer acting under this sub-section,
may, on production of his authority, require
the driver or the in charge of any motor
vehicle, to stop the motor vehicle and
cause it to remain stationary for the
purpose of satisfying himself, if the
offences, as aforesaid has been
committed or not, and if satisfied, may,
detain and seize 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 as
provided under this section:
Provided that where any such officer or
person has reason to believe that a
vehicle has been or is being used without
the certificate of fitness required by subsection
(I) of section 117 or without the
permit or franchise required by section 122
or 142, or the offence committed does not
warrant seizure of the vehicle, he may,
instead of seizing the vehicle, seize the
certificate of registration of the vehicle,
and shall issue an acknowledgement in
respect thereof.
(2) Where the officer acting under sub-section
(1) seizes and detains a vehicle for being
used in contravention of the provisions as
aforesaid or if he finds such a vehicle
abandoned on the road or in the public
place without reasonable ground, he shall
report the matter to such officer or person,
as may be prescribed or specified by the
Authority, by a notification in the official
Gazette, who may, if deem fit, order
confiscation of the vehicle and/or may take
any other steps, he deems proper, for the
safe custody and/or for the disposal of the
vehicle:
Provided that where the vehicle is
detained for non-payment of tax only, the
provisions under section 287 shall there
upon apply.
(3) Any person, who obstructs or attempts to
obstruct any police officer or any road
transport officer or any Inspector of Motor
Vehicles or other authorised officer or
person in the exercise of his powers and
duty under this section, or fails to comply
with any requirements there under, that
person shall be guilty of an offence.
(4) The power conferred on a police officer,
an Inspector of Motor Vehicles or other
officer authorised under sub-section (1),
may be exercised whether or not the
owner, driver or person in charge of the
vehicle is present at the time of its seizure.
13-310

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
(5) Any vehicle which is taken to a place of
safety under subsection (1) shall be
detained thereat until it is released by
order of a court or by order of an
authorized Police officer of or above the
rank of a Deputy Commissioner of Police
or by order of an authorized road transport
officer of or above the rank of a Director or
by such other authorized officer.
(6) Any unauthorised person removing or
causing to be removed any such vehicle or
trailer from the place of safety pending the
order of a court or that of the officer
authorized under sub-section (4), shall be
guilty of an offence.
(7) If, the owner of the vehicle or trailer is
convicted of or has been permitted to
compound an offence under this Act, the
expenses incurred in carrying out the
provisions of this section shall be
recoverable from the owner of the vehicle
by or on behalf of the Poice officer or the
road transport officer acting under subsection
(1) and, in case of a dispute or
neglect to pay the expense, it be
summarily ascertained by a Magistrate’s
Court and may be recovered in the same
manner as if they were fines imposed by
that Court.
(8) When any vehicle or trailer is detained or
seized under this section, the Police officer
or the road transport officer or other officer
authorized under sub-section (1) shall,
with all reasonable despatch give notice in
writing to the owner, of the detain or the
seizure.
(9) If, the vehicle or trailer is not claimed by its
owner within one month of the date of its
detention or seizure, or if the owner
against whom a warrant of arrest is in
force, has not been arrested or has not
surrendered himself to a police officer or
the warrant of arrest in force against him
has not been cancelled by a court, the
Police officer or the road transport officer
or other authorized officer acting under
sub-section (5), after giving one month’s
notice in the Gazette of his intention to do
so, may, sell by public auction or
otherwise dispose of the vehicle or trailer.
(10) The proceeds, if any, from the sale or
disposal of any such vehicle or trailer shall
be applied in payment of-
(a) firstly, any fees or tax which may be due in
respect of the vehicle and of any charges
incurred in carrying out the provisions of
this section; and
(b) secondly, any damage caused to property
of the Government by the unlawful use of
13-311

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
106. Power to make rules
(1) The 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, such rules may provide
for-
(a) the nature of the mechanical
or electrical signalling devices
which may be used on motor
(c)
the vehicle or trailer, and
thirdly, the surplus, if any, shall be paid to
the owner of the vehicle or trailer, or if not
claimed by the owner of the vehicle or
trailer within twelve months after the date
of the sale or disposal, it shall be forfeited
to the Government.
266. Power of police officer or other officers
in investigation._
(1) Where, any offence against this Act is
committed or suspected to have been
committed, a police officer or a road
transport officer, or other authorized officer
making an investigation under this Act,
shall have the power to require
information, whether orally or in writing,
from any person supposed to be
acquainted with the facts and
circumstances of the case under
investigation.
(2) A police officer, or a road transport officer
or other authorized officer making an
investigation under this Act, may exercise
any or all of the powers conferred on a
police officer, by Chapter . . . . . of the
Criminal Procedure Code (. . . . .of. . . ,) in
relation to police investigation in seizable
cases, and sections . . . . . of that Code
shall apply to statements made by persons
examined in the course of such
investigation.
(3) Whoever, on being required by a police
officer, or by a road transport officer, or
other authorized officer to give information
under this section, refuses to comply with
such request by the officer, or furnishes as
true, information which he knows or has
reason to believe to be false, shall be
guilty of an offence.
(4) When any such information is proved to be
untrue or incorrect in whole or in part, it
shall be no defence to allege that such
information or any part thereof was
misinterpreted, or furnished inadvertently
or without criminal or fraudulent intent.
267. Power to make regulations._
(1) The Authority may make such regulations
as it may consider expedient for
prescribing anything which may be
prescribed under this Chapter, and
otherwise for the purpose of carrying into
effect or to supplement the provisions of
this Chapter.
(2) Without prejudice to the generality of the
foregoing power, the regulations under this
Chapter may be made with respect to all
or any of the following matters, namely:-
Inserted new
Modified
13-312

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
vehicles;
(b) the removal and the safe
custody of vehicle including
their loads which have broken
down or which have been left
standing or have been
abandoned on roads;
(c) the installation and use of
weighing devices;
(d) the maintenance and
management of godowns for
the storage of goods removed
from over loaded vehicles and
the fees, if any, to be charged
for the use of such godowns;
(e) the exemption from all or
any of the provisions of this
Chapter of Fire Brigade
vehicles, ambulances and other
special classes of vehicle,
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 a specified
place;
(h) Prohibiting/prohibiting the
taking hold of or mounting of a
motor vehicle in motion;
(i) prohibiting the use of
footpaths of 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; and
(k) any other matter which is to
be or may be 100 [ prescribed by
rules].
(a) regulating traffic on roads and relieving
congestion and facilitating the provisions
for the safety of road users;
(b) the nature of the signalling devices which
may be used on vehicles and the manner
in which signals may be given in case of
failure of the prescribed devices; and
signal by hand and arms or signal by
lamps;
(c) carrying of children, carrying of
passengers in public service vehicle,
motor cycle, and goods vehicle;
(d) the number of persons to be carried on
any vehicle;
(e) use of seat belts by driver and
passengers;
(f) prohibiting or restricting the use of audible
signals at certain times or in certain
places;
(g) use of horns and other sound producing
devices, use of communication equipment,
telephone, use of mobile phone, use of
camera, radio and television, loud
speaker;
(h) prohibiting or restricting any acts, the
fitting and use of any appliances,
accessories or machine which are likely to
cause annoyance or danger;
(i) opening and closing of doors, boarding or
riding or alighting a vehicle, riding in a
motor cycle or trailer or caravan;
(j) the removal and the safe custody of
vehicle including their loads which have
broken down, or which have been left
standing or have been abandoned or have
been immobilised by fixing immobilised
devices or detained or seized, the disposal
of such vehicles, and the fees which may
be charged for the removal, carrying and
use of storage facilities, safety and
security and such other matters;
(k) approval and affixing of immobilisation
devices;
(l) prohibiting the taking hold of or mounting
of a motor vehicle in motion;
(m) traffic and parking infringements,
prosecution, penalties and proceedings,
refund, etc.;
(n) generally, the prevention of danger, injury
or annoyance to the public or any person,
or of danger or injury to property or
obstruction to traffic;
(o) the number of trailers which may be
attached either lone or in train to any
motor vehicle, the manner of attachment
13-313

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIII
and use thereof;
(p) issue of permit for parades and
processions;
(q) maintenance of records, submission of
reports and returns, regarding traffic
violation, road accidents and impounding
vehicles by the police and other prescribed
officer or person to the Authority or other
designated officer;
(r) disposal of impounded licence, certificate
other documents, plate, badge, marks, etc
(s) the procedure relating to the testing of
breath, blood and urine of drivers of
motorized and non-motorized vehicles,
pedestrians and others to determine
concentration and the limit of alcohol in the
body and blood, and the types of
breathanalysers or other test device or
equipment or machine to be used for the
purpose of test, obtaining of sample for
such tests, storage and analysis of sample
and communication of result thereof and
the fees to be charged for all such
purposes;
(t) regulating the racing (including foot
racing), speed trials and other competitive
events (including motoring events) on
highways, procedures for authorization,
conditions for holding of events, fees and
other charges; and
(u) any other matter which is to be or may be
prescribed..
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XIV : PEDESTRIANS AND NON-MOTORIZED VEHICLES ................................ 315
268. Drivers to exercise due care for pedestrians._ .......................................................... 315
269. Pedestrians on the roads or highways._ ..................................................................... 316
270. Pedestrian obedience to traffic-control devices and traffic regulations._ ............ 317
271. Certain provisions of this Act to apply to non-motorised vehicles._ ..................... 318
272. Traffic laws apply to persons on bicycles and other human powered vehicles._ 319
273. Riding on bicycles._ ......................................................................................................... 320
274. Bicycle racing._ ................................................................................................................. 321
275. Rights and duties- invalid carriage._ ........................................................................... 321
276. Power to make regulations._ ......................................................................................... 321
14-i

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
92. (3) Every driver of a motor
vehicle shall stop on the
appropriate line near every
pedestrian crossing so marked
where there is a pedestrian on
the crossing.
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XIV: PEDESTRIANS AND NON-
MOTORIZED VEHICLES
268. Drivers to exercise due care for
pedestrians._
(1) Notwithstanding other provisions of this
chapter, or the provisions of any other law
for the time being in force, every driver of
a motor vehicle, shall drive the vehicle
with due regard and proper precaution, for
the safety of all persons or vehicles or
traffic using the road or highway and shall
exercise due care to avoid colliding with
any vehicle or traffic or pedestrian
particularly any child, incapacitated,
obviously confused or intoxicated person
or blind carrying a clearly visible white
cane or any person propelling a human
powered or animal powered vehicle or
riding an animal and shall give an audible
signal when necessary.
(2) Every driver of a motor vehicle shall, while
approaching or entering or leaving a
pedestrian crossing drive the vehicle in
such a manner as set forth herein or as
may be prescribed and shall take such
other actions as may be necessary to
allow a pedestrian pass the crossing
unimpeded and safely.
(3) Every driver of a motor vehicle shall stop
on the appropriate line near every
pedestrian crossing so marked where
there is a pedestrian on the crossing.
(4) When traffic control signals are not in
place or not in operation, the driver of a
vehicle shall yield the right of way, slowing
down or stopping if need be to so yield, to
a pedestrian, crossing the roadway within
a pedestrian crossing, when the
pedestrian is upon the half of the roadway
upon which the vehicle is travelling, or
when the pedestrian is approaching so
closely from the opposite half of the
roadway as to be in danger.
(5) Whenever a vehicle is stopped at any
pedestrian crossing to permit a pedestrian
to cross the roadway, the driver of any
other vehicle approaching from the rear
shall not overtake and pass such stopped
vehicle.
(6) No vehicle shall at any time be driven
through or within a safety zone.
Proposed a
new law to
replace the
MVO 1983
Modified
Modified
14-315

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
(7) The driver of a vehicle crossing a footpath
shall yield the right of way to any
pedestrian and all other traffic on the
footpath.
(8) The driver of a vehicle shall yield the right
of way to any blind pedestrian carrying a
clearly visible white cane.
(9) Any person who contravenes this section
shall be guilty of an offence.
269. Pedestrians on the roads or highways._
(1) Pedestrian crossings may be established
as provided herein after in this Act, or any
rules or regulations made there under, or
under any law for the time being in force,
by the appropriate authority having
jurisdiction over the road or the area, as it
thinks fit, in consultation with the Regional
Transport Authority, chief police officer
and the chief road transport officer of the
area.
(2) Where a footpath is provided and its use is
practicable, it shall be unlawful for any
pedestrian to walk along and upon an
adjacent roadway.
(3) Every pedestrian walking along and upon
a road or a highway, shall make use of the
footpath while proceeding along, and
when there is no footpath available, shall
use the shoulder or right hand edge of the
road way facing on coming traffic.
(4) Where neither a footpath nor a shoulder is
available, any pedestrian walking along
and upon a road or a highway shall walk
as near as practicable to an outside edge
of the roadway, and if on a two way
roadway, shall walk only on the right side
of the roadway.
(5) Every pedestrian shall, while passing
across a carriage way, highway or
roadway, make use of the pedestrian
crossing (surface, tunnel or overhead), if
there is any within three hundred meter or
1000 feet.
(6) Every pedestrian walking along and upon
a road or a highway, or while passing
across a carriage way, highway or road,
shall comply with all directions and
instructions given to him by any police
officer in uniform or other authorized
person, who is for the time being engaged
in the regulation of traffic on a road or in
any public place or any direction
applicable to him conveyed by any official
traffic control signals or devices.
(7) Every pedestrian upon a roadway shall
yield the right of way to all vehicles upon
the roadway, and while crossing a
Inserted new
14-316

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
roadway at any point other than within a
marked pedestrian crossing shall yield the
right of way to all vehicles upon the road
way or on an unmarked pedestrian
crossing.
(8) No pedestrian shall suddenly leave a kerb
or other place of safety and walk or run
into the path of a vehicle which is so close
as to constitute an immediate hazard.
(9) No pedestrian shall pass, through, around,
over, or under any crossing gate, or
barrier at a railroad grade crossing or
bridge while such gate or barrier is closed
or being opened or closed.
(10) Every pedestrian shall give right of way to
the emergency vehicle upon the
immediate approach of any such vehicle
making use of an audible and/or visual
signal meeting the requirements by this
Act or any rules or regulations made there
under.
(11) Except where otherwise indicated by a
pedestrian crossing or other official traffic
control devices a pedestrian shall cross a
roadway at right angles to the kerb or by
shortest route to the opposite kerb.
(12) A pedestrian shall move when practicable
upon the left half of the pedestrian
crossing.
(13) No person shall stand in a road or
highway for the purpose of soliciting a
ride, employment, business or contribution
from the occupant of any vehicle or
watching or guarding any vehicle while
parked or about to be parked on a road or
highway.
(14) A pedestrian who is under the influence of
alcohol or any drug to a degree which
renders such pedestrian a hazard shall not
walk or be upon a road or a highway
except on a footpath.
(15) Any person on foot, who without just
cause or reasonable excuse contravenes
sub-section (2) of section 189 or fails to
make use of a pedestrian crossing or an
over bridge or an under pass, where there
is one, while crossing the carriageway or
highway, shall be guilty of an offence.
(16) Any person who contravenes this section
shall be guilty of an offence.
270. Pedestrian obedience to traffic-control
devices and traffic regulations._
(1) Pedestrians shall be subject to traffic and
pedestrian-control signals as prescribed
under section 186 and shall obey the
instructions of any official traffic-control
device specifically applicable to such
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
pedestrian, unless otherwise directed by a
police officer.
(2) At all other places, pedestrians shall be
accorded the privileges and shall be
subject to the restrictions stated in this
chapter.
(3) No pedestrian shall enter or remain upon
any bridge or approach thereto beyond the
bridge signal, gate, or barrier after a
bridge operation signal indication has
been given.
(4) Any person who contravenes this section
shall be guilty of an offence.
271. Certain provisions of this Act to apply
to non-motorised vehicles._
(1) No person shall ride or propel or use or let
out for use any non-motorised vehicles in
brief NMVs in any urban area or on any
roads or highway specified by the highway
authority or the local authority having
jurisdiction over the area or the roads and
the highways, unless the said nonmotorised
vehicle is registered and the
driver of such vehicle is licensed or
permitted in accordance to the bylaws for
the time being in force or made by the said
authority with the approval of the
respective administrative ministry or in
accordance to the regulations made by he
Authority.
(2) Every person propelling a vehicle by
human power, or driving a rickshaw, or
driving any animal drawn vehicle or riding
a bicycle, or riding an animal, or driving or
riding any other non-motorised vehicle
upon a road or highway, shall have all the
rights granted and shall be subjected to all
the duties applicable to the driver of a
motor vehicle under this Act or any rules
and regulations made there under except
those provisions which by their very nature
can have no application; and in the said
Act or in the rules and regulations made
there under, any reference to motor
vehicles, drivers of motor vehicles, driving
license and driving, or the owner shall be
construed accordingly, and shall likewise
on contravention of any provisions, be
guilty of an offence.
(3) Sections 252, 253, 254, 256, 257, 258 and
259, subject to this section, shall apply to
persons riding bicycles, driving rickshaw
or such other non-motorized vehicles, not
being motor vehicles, as they apply to
drivers of motor vehicles, and references
in those sections to motor vehicles, drivers
and driving shall be construed accordingly.
(4) The maximum penalties which may be
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
imposed, on a conviction, by virtue of this
section, to the rider, driver or owner of a
non-motorized vehicle, unless otherwise
provided for any specific offence, shall not
exceed one tenth of the maximum
penalties provided for the driver or the
owner or in charge of a motor vehicle
under the particular section or fifteen unit
of penalties whichever is lesser subject to
a minimum of two units.
(5) No person upon roller skates, or riding in
or by means of any toy vehicle, or similar
device shall go upon any road or highway
except while crossing a road or street on a
pedestrian crossing or on a designated
crossing and when so crossing such
person shall have all the rights and shall
be subjected to all the duties applicable to
a pedestrian.
(6) No person riding upon any bicycle,
coaster, roller skates, sled or toy vehicle
shall attach the same or him or herself to
any streetcar or vehicle upon a roadway.
(7) Not withstanding any thing cotrary
contained in this Act or any rules or
regulations made there undr or under any
other laws for the time being inforce, all
powers conferred and functions entrusted
to a Police officer or to any other
authorized officer or person under the Act
or any rules or regulations made there
under, in respect of detection and
prosecution of offences relating to a motor
vehicle, driver of motor vehicle, driving
license, driving, registration or the owner,
construction and use or the safety matters
may be exercised and discharged by such
officers or persons in respect of a nonmotorized
vehicle, driver of a nonmotorized
vehicle, driving and driving
license, registration and such other
matters except those provisions which by
their very nature can have no application.
(8) Any person who contravenes this section
shall be guilty of an offence.
272. Traffic laws apply to persons on
bicycles and other human powered
vehicles._
(1) A person propelling a vehicle by human
power or riding a bicycle shall have all of
the rights and all of the duties applicable
to the driver of any other vehicle under
chapters XII, XIII and XIV except as to
special regulations in this chapter and
except as to those provisions which by
their nature can have no application.
(2) A person propelling a vehicle by human
power, upon and along a footpath, or
across a roadway, upon and along a
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
crosswalk, shall have all the rights and
duties applicable to a pedestrian under the
same circumstances.
(3) A person propelling a vehicle by human
power shall not drive or use his vehicle,
upon and along a footpath, or across a
roadway, upon and along a crosswalk,
where use of such vehicle is prohibited by
official traffic-control devices.
(4) A police officer in uniform or a road
transport officer authorized by the
Authority or any other authorized officer or
person may stop and detain any bicycle or
rickshaw or any other non-motorized
vehicle in respect of which an offence has
been committed within his view under this
Act or any rules or regulations or bylaws
made there under, and may take any
actions considered appropriate for the
safe custody of such vehicle or for the
prosecution of the person responsible for
the offence.
(5) Any person who contravenes or fails to
comply with this section or obstructs any
police officer or other authorized officer in
the discharge of his duties shall be guilty
of an offence.
273. Riding on bicycles._
(1) No bicycle shall be used to carry more
persons at one time than the number for
which it is designed or equipped, except
that an adult rider may carry a child
securely attached to adult rider in a back
pack or sling.
(2) Persons riding bicycles upon a roadway
shall not ride more than two abreast
except on paths of roadways set aside for
the exclusive use of bicycles.
(3) Persons riding bicycles two abreast shall
not impede the normal and reasonable
movement of traffic and, on a laned
roadway, shall ride within a single lane.
(4) No person operating a bicycle shall carry
any package, bundle or article which
prevents the use of both hands in the
control and operation of the bicycle.
(5) A person operating a bicycle shall keep at
least one hand on the handlebars at all
times.
(6) A person propelling a bicycle upon and
along a footpath, or across a roadway
upon and along a crosswalk, shall yield
the right of way to any pedestrian and
shall give audible signal before overtaking
and passing such pedestrian.
(7) A person shall not ride a bicycle upon and
along a footpath, or across a roadway
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
upon and along a crosswalk, where such
use of bicycles is prohibited by official
traffic-control devices.
(8) Any person who contravenes this section
shall be guilty of an offence.
274. Bicycle racing._
(1) Bicycle racing on the roads or highways is
prohibited unless a permit in this respect is
obtained from the appropriate authority
and the race is conducted in accordance
to the conditions of the permit.
(2) Bicycle racing on a highway shall not be
unlawful when a racing event has been
approved by the Government or by any
local authorities on any highway under
their respective jurisdictions.
(3) Approval of bicycle highway racing events
shall be granted only under conditions
which assure reasonable safety for all
race participants, spectators and other
highway users, and which prevent
unreasonable interference with traffic flow
which would seriously inconvenience other
highway users.
(4) By agreement with the approving
authority, participants in an approved
bicycle highway racing event may be
exempted from compliance with any traffic
laws otherwise applicable thereto,
provided that traffic control is adequate to
assure the safety of all highway users.
(5) Any person who contravenes sub-section
(1) shall be guilty of an offence.
275. Rights and duties- invalid carriage._
Every person operating a motorized
invalid carriage shall have all of the rights
and all of the duties applicable to a
pedestrian contained in this chapter,
except to those provisions which by their
very nature can have no application.
276. Power to make regulations._
(1) The Authority or any local government
body authorized in this behalf by the
Government, may, make regulations for
the purpose of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generality of the
foregoing power, such regulations may
provide for
(a) the appointment, jurisdiction, control and
functions of a non-motorized vehicle
registration and licensing officer, driving
test examiners and other officers as may
be necessary for carrying out the
purposes and provisions of this chapter
and their supervisory authorities and other
Inserted new
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
prescribed authorities and the manner of
discharge of functions by them;
(b) the issue, refusal and renewal of
registration of non-motorized vehicles and
the driving licenses to drive such a
vehicle, whether manually or
electronically, and the fees to be charged
for the issue and the renewal or
replacement or computerization,
lamination of registration certificate and
driving licenses, or for an addition to a
driving license, or for the authorisation
under the provisions of this Chapter and
for recording the change of address, and
the manner of payment thereof;
(c) the requirements to be complied with
before registration and a driving license
may be granted, varied or renewed or
replaced or laminated or computerized
and the information and evidence to
accompany the applications, and the
procedures to be complied with, the period
within which these may be submitted and
disposed off;
(d) the conditions on which registration and a
driving license may be granted, varied or
renewed;
(e) the taking of photographs for inclusion in
the driving license and registration related
documents;
(f) the circumstances in which a person may
be required to be certified by a medical
practitioner as fit to drive a non-motorized
vehicle or to pass any practical driving test
before granting or renewing a driving
licence under this chapter;
(g) the use of non-motorized vehicles, their
design, construction, equipment and parts,
safety standards, performance efficiency,
road worthiness and the conditions under
which they may be used and maintained;
(h) the requirement of number and nature of
brakes, locking chains for any class or
description of non-motorized vehicles,
human powered or animal drawn vehicles
used on roads and the working order and
efficiency of such devices;
(i) the number of persons who may be
carried upon pedal bicycles, pedal
rickshaw or auto-shaws on roads and the
manner in which they may be carried
(j) prohibiting the use of any road or a
particular road by the pedeatrians or by
any non-motorized vehices or by a nonmotorized
vehicles of any particular class;
(k) signalling appliances, lamps and reflectors
to be fitted in a bicycles, rickshaw or any
other non-motorized vehicles or by the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
pedestrians for signalling their presence
when uses any roads;
(l) prohibiting or enforcing the painting in
particular colours of non-motorized
vehicles of particular descriptions or for
particular purposes or in particular areas;
(m) prohibition or restriction of any pedetrians,
vehicle propelled by human or animal
power, or any non-motorized vehicle,
either generally or in a specified direction
or during particular hours, or in a specified
area or on a specified road;
(n) the information and the particulars to be
furnished by the seller and buyer of nonmotorized
vehicles;
(o) keeping and use of non-motorized
vehicles by the manufacturer, importer,
dealer, or repairer under a license or no
license, with or without registration;
(p) the submission of application for nonmotorized
vehicle registration, transfer of
ownership, roadworthiness certificate,
change of address, alteration, and the
documents, particulars, information and
evidence to accompany such applications,
and the procedures and the requirements
to be complied with, the period within
which these may be submitted and
disposed off;
(q) the grounds on which and the authority by
which a non-motorized vehicle driving
license, registration and the
roadworthiness certificate may be refused,
suspended, cancelled or varied or
restored and the procedures to be
followed in such cases and in case of
surrender of license and registration
documents, the conditions for disqualifying
a person for holding a non-motorized
vehicle driving license and the
endorsement of disqualification or
punishments in the licenses;
(r) the identification numbers and other
particulars to be marked on non-motorized
vehicles;
(s) the manner in which registration marks
and other prescribed particulars shall be
marked and exhibited;
(t) the levy of tax and/or fees to be charged
for the issue, renewal or alteration of
license or registration, for re-registration,
for issue and renewal of roadworthiness
certificate, change of address, transfer of
ownership, for registration marks, or plates
and for the examination or inspection of a
non-motorized vehicle, and the refund or
forfeiture of such tax or fees or deposits,
the manner in which such tax or fees may
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
be collected including the use of
electronic, computerized or other facilities;
(u) the amount and the manner in which any
fee, tax, levy, deposit and other charges
payable under this Chapter are to be fixed
and paid when any document is filed or
submitted through the authorized or
registerd electronic service agent or any
other agent;
(v) the refund of fees paid under the
provisions of this Chapter, the exemption
of prescribed persons, or prescribed
classes of persons from payment of all or
any portion of the fees payable under this
Chapter;
(w) the forms to be used for the purposes of
this Chapter, the particulars and
information these shall contain and the
manner of filling up and submission
thereof;
(x) the production of license, certificates of
registration, roadworthiness certificate or
any other certificate, before the registering
or licensing officer or other authority or
officer, for examination and the revision of
entries, particulars therein;
(y) the nature of competency tests and the
conduct of such tests, the period of
submission for a competency test and
after failing to pass the test;
(z) the period for which a registration and a
driving license under this chapter may
remain in force and the probationary
period of a driver;
(aa) records and registers to be maintained in
relation to registration and driver of a nonmotorized
vehicle and driving licenses and
for such other matters as may be required
under this chapter;
(bb) keeping of demerits register manual or
electronical to record against a driving
license holder any demerit points that are
incurred by him;
(cc) the qualification, training, the nature of test
of competence and the conduct of persons
to drive a non- motorized vehicle;
(dd) 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;
(ee) the issue of duplicate registration
document or driving licenses in place of
registration document or driving licenses
lost, destroyed or mutilated, the
replacement of photographs which have
become obsolete and the issue of
temporary registration or driving licenses
to persons receiving instruction in driving
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
or to persons whose registration document
or the driving licenses have been
surrendered or seized, and the fees to be
charged there for and the manner of
payment;
(ff) the badges and uniform to be worn by
drivers of different classes of nonmotorized
vehicles and the fees to be paid
in respect of such badges and uniform;
(gg) the medical examination and testing of
applicants for driving licenses and the
drivers to undergo such tests and the fees
to be charged there for and the manner of
payment thereof and the evidence of the
result of such tests;
(hh) the inspection and testing of nonmotorized
vehicles for registration, or
renewal of registration and such other
matters and the fees to be charged there
for and the manner of payment thereof
and the evidence of the result of such
tests.
(ii) the diseases or disabilities which shall not
entitle a person to claim for a test as to his
fitness and ability to drive a non-motorized
vehicle;
(jj) the exemption of person or classes of
persons from the requirements to obtain a
driving license and from the test of health
or the test of competence or other
appropriate test;
(kk) the communication of particulars of driving
licenses granted by one licensing officer to
other licensing officers or authorities in the
country;
(ll) the control of schools or establishment for
the instructions of drivers of non-motorized
vehicles (including the registration or
licensing of such schools or
establishments) and the acceptance of
driving certificates issued by such schools
or establishments as qualifying the holder
for exemption from the driving competency
test or a part thereof;
(mm) regulating the activities of non-motorized
vehicles driver training schools, and the
manner in which such schools may
conduct their business;
(nn) the issue and renewal of driving instructor
and driving examiner certificate under this
chapter, the fees to be charged and the
forms to be used for such licenses and
registration of approved driving instructors
and driving examiners and the manner of
discharge of functions by them including
the fees to be charged and the facilities to
be provided;
(oo) the type of non-motorized vehicles which
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIV
may be used for driving instructions and
driving tests and the conditions that must
be complied for the use of such vehicles;
(pp) the conduct of driving instructors when
giving driving instructions and the conduct
of driving examiners when conducting
driving tests;
(qq) the minimum and maximum age limit of a
person for holding driving license of a nonmotorized
vehicle;
(rr) the maximum age of driving instructors
and driving examiners beyond which they
may not be allowed to work as such
instructor or examiner;
(ss) the form of records to be kept by driving
instructors, driving examiners and the
driver training schools and the particulars
to be entered therein;
(tt) the person submitting for a test to provide
vehicle for the purpose;
(uu) parking and other facilities to be provided
to a non-motorized vehicle and the rights
and duties of the owner and the driver of a
non-motorized vehicle;
(vv) the power to seize and detain or auction
sale an abondoned or seized or unclaimed
non-motorized vehicle by a police officer
or by any other authorized officer;
(ww) prohibition of use of un-registerd nonmotorized
vehicle or driving by unlicensed
persons;
(xx) rate of hire or fares for a non-motorized
vehicle used for carrying goods or
passengers;
(yy) the precedence of vehicles and
pedestrians respectively, and generally
with respect to the movement of traffic,
type of traffic (including pedestrians) at
and in the vicinity of a pedestrian crossing
(prohibiting pedestrians on the carriage
way within one hundred metres of a
pedestrian crossing and at a distance from
a junction of roads), and with respect to
the indication of the limits of a crossing by
marks on the roadway or otherwise, and to
the erection of traffic signs in connection
therewith;
(zz) the exemption of a vehicle or classes of
vehicle or a particular person or classes of
persons, from all or any of the provisions
of this Chapter and the conditions
governing such exemptions; and
(aaa) any other matter which is to be or may be
prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XV : ROAD SAFETY INSTITUTIONS AND PROCEDURES ................................. 327
277. Road Safety Council and Committees._ ...................................................................... 327
278. Duty of driver in case of accident and injury to a person._ .................................... 328
279. Inspection of vehicle involved in accident._ ............................................................... 330
280. Special provision as to accident inquiry._ ................................................................... 331
281. Power to make regulations._ ......................................................................................... 332
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XV
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER I
PRELIMINARY
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XV : ROAD SAFETY
INSTITUTIONS AND PROCEDURES
277. Road Safety Council and Committees._
(1) In order to formulate policies, strategies
and prepare action plans, and for such
other matters, for the improvement of road
safety and reduction of road traffic
accidents, the Government may by
notification in the official Gazette establish
a National Road Safety Council in brief
NRSC hereinafter called the Safety
Council with such terms and cnditions and
with such officials and non-officials and
other experienced persons as the
Government may deem necessary and
may designate an officer to act as
Secretary of the Safety Council; and may
likewise constitute or establish district road
safety committee in each district, and
upazila (sub-district) road safety
committee in each upazila for the
implementation of the policies, strategies
and action plans formulated by it and the
directions given by the Government and
may designate an officer to act as
Secretary of such road safety committee.
(2) The Safety Council shall act as a coordinating
and a policy council for all road
safety works and all road safety
committees shall function under the
control and supervision of the Safety
Council, the Authority and the Government
where the upazila road safety committee
shall also be responsible to the district
road safety committee in the discharge of
its functions.
(3) To constitute a Quorum, at a meeting of
the Safety Council or safety committee, at
least one third of the total number of
members of the Safety Council or
respective committee, must remain
present, and any resolutions of the Safety
Council shall be subjected to approval by
the Government or the Cabinet and that of
the safety committee by the Safety
Council.
(4) The Safety Council and the safety
committees may in their aid constitute
temporary or permanent Working Groups
or Sub-Committees from among their
members or others as may be necessary
Proposed a
new law to
replace the
MVO 1983
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XV
104. Duty of driver in case of
accident and injury to a person
When any person is injured or any
property is damaged as the result of
an accident in which a motor vehicle
is involved, the driver of the vehicle or
other person in charge of the vehicle
shall-
(a) take all reasonable steps to secure
medical attention for the injured
person, and, if necessary convey him
to the nearest hospital, unless the
injured person or his guardian (in
case he is a minor), desires
and may establish Secretariats and local
committee(s) to perform the functions
entrusted to it.
(5) Special fund to be known as Road Safety
Improvement Fund in brief RSIF may be
established by the Government to meet
financial obligations of the Safety Council
and the safety committees.
(6) There shall be paid into the RSIF-
(a) such moneys as may be made
appropriated from time to time by the
Parliament or the Government for the
purpose of the Fund;
(b) contributions at a prescribed rate from the
Revenue Account established and
maintained under section 19;
(c) contributions at a prescribed rate by the
General Insurance Companies operating
in Bangladesh;
(d) a levy at a fixed rate by each vehicle;
(e) a portion of money recovered by way of
fine and forfeiture for committing an
offence under this Act.
(7) There may be paid from the Fund such
amounts for the promotion of road safety
and for such other purposes as the Safety
Council or the Government may approve.
(8) The Safety Council and the safety
committee shall meet at least once in
every six months or at such times and
places, as may be expedient or
determined by the Chairman of the Safety
Council or the respective safety
committee, as the case may be.
(9) Any person who fails, without reasonable
cause, to comply with any of the
requirements for the improvrment of road
safety under this section shall be guilty of
an offence.
(10) The Government may make such rules as
it may consider expedient for the purposes
of this section.
278. Duty of driver in case of accident and
injury to a person._
(1) If, owing to the presence of a motor
vehicle on a road or highway or in a public
place, an accident occurs whereby any
person is killed or any injury is caused to
any person or any damage is caused to
any property or vehicle, structure or
animal, other than the driver of that vehicle
or any property other than that vehicle or
the property of the owner of that vehicle is
damaged, the driver of the vehicle, and if
there is more than one such vehicle, the
driver of all such vehicle, or other person
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XV
otherwise;
(b) give on demand by a police officer
any information required by him, or, if
no police officer is present, report the
circumstances of the occurrence at
the nearest police station as soon as
possible, and in any case within
twenty four hours of the occurrence.
146. Punishment for offence
relating to accidents
Whoever fails to comply with the
provisions of clause (c) of sub section
(1) of section 102 or, of section 104
shall be punishable with imprisonment
for a term which may extend to 141 [
three months], or with fine which may
142
extend to [ five hundred] Taka, or
with both or, if having been previously
convicted of an offence under this
section, with imprisonment for a term
which may extend to
143 [ six months],
144
or with fine which may extend to [
one thousand] Taka, or with both.
in charge of the vehicle shall-
(a) stop and, if required so to do by any
person having reasonable grounds for so
requiring, give his name and address and
also the name and address of the owner
and the registration number of the motor
vehicle;
(b) render such assistance as may be
reasonably required by any police officer
or in the absence of any police officer
such assistance as it may reasonably be
in the power of the driver or incharge of
the vehicle to render;
(c) take all reasonable steps to secure
medical attention for the injured person,
and if necessary convey him to the
nearest hospital, unless the injured person
or his guardian (in case he is a minor),
desires otherwise;
(d) on a claim being made in accordance with
the procedure prescribed, pay such
treatment expenses to the injured person
or his heir as may be prescribed;
(e) give on demand by a police officer any
information required by him, or if no police
officer is present, report the circumstances
of the occurrence at the nearest policestation
as soon as reasonably practicable,
and in any case within twenty-four hours
of the occurrence, and shall produce to
the officer incharge of such police station
his driving license and if required the
certificate of insurance and the certificate
of registration and certificate of fitness of
his vehicle.
(2) It shall be obligatory for the driver or other
person in-charge of the vehicle passing
the scene of accident immediately after
the accident to take all reasonable steps
to secure medical attention for the injured
persons.
(3) If, owing to an accident, any person is
killed or seriously injured or serious
damage is caused to any vehicle or
structure, or property, no person shall,
except under the authority of a police
officer or an Inspector of Motor Vehicles or
other authorized officer, move or
otherwise interfere with any vehicle
involved in the accident or any part of
such vehicle or do any other act so as to
destroy or alter any evidence of the
accident except that-
(a) a vehicle or any part thereof may be
moved so far as may be necessary to
extricate persons or animals involved,
remove mails, prevent fire or prevent
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XV
105. Inspection of vehicle involved
in accident
When any accident occurs in which a
motor vehicle is involved, any
Inspector of Motor Vehicles or any
other technically qualified officer duly
authorised in this behalf by the
Authority may, if required by any
Police Officer or owner of the vehicle
concerned, inspect the vehicle in the
prescribed manner 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
(b)
damage or obstruction to the public or
other traffic; and
goods or passengers baggage may be
removed from a vehicle under the
supervision of a police officer.
(4) Sub-section (3) shall not apply where it is
urgently necessary to remove any
seriously injured person to hospital and no
suitable means of conveyance other than
a vehicle involved in the accident is at
hand.
(5) Where a police officer has reasonable
cause to believe that any person-
(a) was the driver of a motor vehicle at a time
when an accident occurred owing to the
presence of such motor vehicle on a road
has committed an offence in relation to the
use of a motor vehicle on a road; or
(b) was accompanying the holder of a
learner's driving licence granted under this
Act whilst such holder was driving a motor
vehicle and that an accident occured
where by damage or injury was caused to
any person, property or animal owing to
the presence of such motor vehicle on a
road;
such police officer may, require such
person to produce for examination, his
driving licence, the certificate of
registration, certificate of fitness and the
certificate of insurance relating to such
vehicle.
(6) If any person fails to comply with any of
the provisions of this section, he shall be
guilty of an offence.
(7) Any police officer may arrest without
warrant any person who is reasonably
suspected of having failed to comply with
this section.
279. Inspection of vehicle involved in
accident._
When any accident occurs in which a
motor vehicle is involved, any Inspector of
Motor Vehicles or any other technically
qualified officer duly authorised in this
behalf by the Authority may, if required by
any Police Officer or owner of the vehicle
concerned, inspect the vehicle in the
prescribed manner 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 to the owner in a
metropolitan area within forty-eight hours
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XV
intimated to the owner of the vehicle
and the vehicle shall be returned to
the owner in a metropolitan area
within forty-eight hours and elsewhere
within seventy-two hours of accident.]
and elsewhere within seventy two hours of
accident:
Provided further that unless it is expedient
in the interest of safety or smooth flow of
traffic, no vehicle may be removed from
the seen of accident in which any person
has been killed or seriously injured, till
such time the vehicle is examined by the
Inspector of Motor Vehicles or the officer
mentioned above.
280. Special provision as to accident
inquiry._
(1) Where, owing to the presence of a motor
vehicle in a public place, an accident
occurs, the Government or the Authority
may, if it thinks fit cause an inquiry to be
held into the cause of the accident.
(2) The officer or the team of officer holding
the inquiry may, by notice in writing,
require the person alleged to have been
driving or in charge of any vehicle at the
time of the occurrence of any accident, in
which the vehicle was concerned, or the
commission of any offence connected with
the driving of the vehicle, to attend before
him or it at such time and place as may be
stated in the notice, for the purpose of
inquiry into the accident.
(3) The officer or the team of officer holding
the inquiry may, on production, if so
required of his or its authority, examine
any witness and inspect any vehicle, in
connection with which the accident arose,
and for that purpose may enter at any
reasonable time any premises where the
vehicle is and may remove the vehicle for
examination.
(4) The person(s) alleged, shall attend and
shall answer truly, all questions relating to
such occurrence or offence, put to him by
such officer or the team of officers holding
inquiry except that the person may decline
to answer any question the answer to
which would have a tendency to expose
him to a criminal charge or to a penalty or
forfeiture.
(5) A person who declines to give witness or
knowingly gives a false or misleading
statement or statement which he does not
believe to be true or withholds information
or obstructs the officer or the team holding
inquiry in the performance of his or its duty
under this section shall be guilty of an
offence.
(6) If in any case, the Government or the
Authority considers that an inquiry to be
made under this section should be made
by means of the holding of public inquiry, it
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XV
may, direct a public inquiry to be held.
(7) An inquiry report under this section shall
not be used in evidence by or on behalf of
a person by or against whom any legal
proceedings are instituted in consequence
of the accident to which the inquiry relates.
(8) The Government may, for the purpose of
investigation for prosecution into the cases
of road traffic accidents, establish road
traffic accident investigation unit for such
areas with such number of officials and
professionals as it considers necessary.
281. Power to make regulations._
(1) The Authority may make regulations for
the purposes of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generality of the
foregoing power, the regulations under
this Chapter may be made with respect to
all or any of the following matters,
namely:-
(a) reporting, inquiry and investigation of
accidents, procedure for accident enquiry
and submission of report and return
thereof;
(b) collection, compilation and dissemination
of road safety information, training to road
users;
(c) payment of compensation to the victims of
road traffic accident or to the heirs and
other affected persons; and
(d) any other matter which is to be or may be
prescribed.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XVI : TAXES ON MOTOR VEHICLES ................................................................................ 333
282. Taxing officers._ ....................................................................................................................... 333
283. Imposition of Tax._ .................................................................................................................. 334
284. Liability for non-payment of tax in time._ .......................................................................... 336
285. Refund of tax._ ......................................................................................................................... 337
286. Declaration by person keeping a motor vehicle for use._ ............................................... 338
287. Search and seizure of vehicle for non-payment of tax._ ................................................. 339
288. Rebate on tax._ ........................................................................................................................ 342
289. Suspension of the certificate of registration._ ................................................................... 343
290. Recovery of tax._ ..................................................................................................................... 344
291. Compounding of offences under this chapter._ ................................................................. 344
292. Levying of road-user charges._ ............................................................................................. 345
293. Power of Government to exempt from the payment of tax or road-user charges._ . 348
294. Power to make rules or regulations._ .................................................................................. 348
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES TAX ACT,
1932 (ACT 1 OF 1932)
An Act to provide for the imposition
and levy of a tax on motor vehicles in
Bangladesh.
WHEREAS it is expedient to raise funds
for additional expenditure on roads in
Bangladesh and for that purpose to
impose a tax on motor vehicles in
Bangladesh;
2 [ * * *] It is hereby enacted as follows:-
1. Short title, commencement and
extent
(1) This Act may be called the 3 [ * * *]
Motor Vehicles Tax Act, 1932.
(2) It shall come into force on such date
as the Government may, by notification
in the official Gazette, appoint.
(3) It extends to the whole of
Bangladesh.
2. Definitions
In this Act, unless there is anything
repugnant in the subject or context,-
(1) "certificate of registration" means a
certificate of registration of a motor
vehicle issued under the Motor Vehicles
Act, 1939;
(2) "registering authority" means the
authority empowered under the Motor
Vehicles Act, 1939, to register motor
vehicles;
(3) "motor vehicle" includes a vehicle,
carriage or other means of conveyance
propelled or which may be propelled, on
a road by electrical or mechanical
power either entirely or partially;
(4) "prescribed" means prescribed by
rules made under this Act;
(5) "the tax" means the tax imposed
under this Act; and
(6) "Taxing Officer" means an officer
appointed under section 3.
3. Appointment of Taxing officers
The Government may, by notification in
the official Gazette, appoint such
persons or agency as it thinks fit to be
Taxing Officers and may in such
notification specify the areas within
which such officers shall exercise the
powers conferred and perform the
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XVI : TAXES ON MOTOR
VEHICLES
282. Taxing officers._
(1) The Authority, or such other person or
persons or body of persons or agency,
as may be appointed by the Authority, by
notification in the official Gazette, shall
be the Taxing officer for the purposes of
this Act or any rules or regulations made
Proposed a
new law to
replace the
MVO 1983
Covered under
introduction of
this Act
Covered under
Chapter 1 of
this Act
Covered under
Chapter 2 of
this Act
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
duties imposed on them by or under this
Act.
4. Imposition of Tax
(1) A tax at the rate specified in the First
Schedule shall be imposed on all motor
vehicles kept for use in Bangladesh.
4 [ (1a) A person who keeps a motor
vehicle of which the certificate of
registration is current shall for the
purposes of this Act be deemed to keep
such vehicle for use.]
(2) The tax imposed under sub-section
(1) shall be payable for the year and in
advance by the person who keeps a
motor vehicle for use:
Provided that a Taxing Officer may
allow payment of the tax for one or
more quarterly periods at the rate, for
each such quarterly period of one
quarter of the tax payable for the year.
(3) If a Taxing Officer is satisfied that a
motor vehicle has not been used for any
complete calendar month in the year, he
shall refund or remit in respect of the
said vehicle one-twelfth of the tax
payable for the year for every complete
calendar month for which the said
vehicle has not been used.
(4) If any person fails to deliver a
declaration or additional declaration in
accordance with the provisions of
section 6 the Taxing Officer may, after
making such inquiry as he thinks fit, and
after giving an opportunity to such
person to be heard, if he so desires,
require him to pay any tax or additional
tax which the Taxing Officer may find
such person liable to pay under the
provisions of this Act and may also
impose on him a penalty which may
extend to half the amount of the tax to
which he is found liable.
there under.
(2) The Taxing Officers appointed by
notification under sub-section (1), shall
exercise the powers conferred, and
perform the functions entrusted on them,
by or under this Act, or by the
Government or by the Authority, within
such areas, as may be specified in the
notification issued under sub-section (1).
(3) Any person, who fails to exhibit any
token or card or label or certificate issued
in the manner prescribed, or specified by
the Taxing Officer, in respect of any tax
paid under this Chapter, shall be guilty of
an offence.
283. Imposition of Tax._
(1) A tax at the rate, as may be prescribed
from time to time, shall be payable in
respect of every Authorization certificate,
every registration (includes the transfer
of ownership) of a motor vehicle, and a
motor vehicle used or kept for use on any
road or in any public place in
Bangladesh.
(2) There may be prescribed different rates
of taxes for different classes, categories
or descriptions of vehicles or for vehicles
used for different purposes.
(3) A person, who keeps a motor vehicle of
which the Authorization certificate, the
trade certificate or the certificate of
registration is current, shall for the
purposes of this Act be deemed to keep
such vehicle for use, and shall be liable
for the payment of tax prescribed for
such vehicle, from the day one of the
issue of Authorization certificate, the
acquisition of the vehicle or the issue of
the trade certificate or the issue of its first
registration under this Act, as may be
prescribed or determined by the Taxing
Officer.
(4) Every person who owns any motor
vehicle which is let for hire, otherwise
than on a hire-purchase agreement,
shall, for the purposes of this Act, be
deemed to be the person who keeps
such vehicle for use.
(5) The tax prescribed under sub-section (1),
shall be payable in advance-
(a) by the person who intends to take out a
Authorization certificate for keeping a
vehicle;
(b) by the owner who intends to register
(includes the transfer of ownership) a
vehicle; or
(c) by the person, who keeps a motor
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
vehicle for use.
(6) The tax prescribed for the Authorization
certificate or for the registration (includes
the transfer of ownership) of the vehicle,
shall be payable, with the application for
such Authorization certificate or
registration or transfer of ownership; and
for keeping or using a vehicle, on annual
basis, starting from the date of
acquisition or registration of the vehicle,
within such period not exceeding thirty
days, as may be prescribed or
determined by the Taxing Officer:
Provided that in the case of a transport
vehicle, the tax prescribed for the year
may be paid on bi-annual basis:
Provided further that if so opted by a taxpayer,
tax inrespect of a motor vehicle
may be levied once for all or for any
number of years at a time, at such rate
as may be prescribed; and if the tax is
levied from a vehicle once for all, such
vehicle shall not be liable to pay tax
under this section during its life time:
Provided further that in the case of a
motor cycle, the tax shall however, be
paid lump sum once for all at the rate
and time as may be prescribed, and
there after no tax shall be levied on any
such motor cycle:
Provided further that where tax for any
period, annual or bi-annual, as the case
may be, in respect of a motor vehicle has
been paid, tax for the said motor vehicle,
in respect of any subsequent period, may
be paid within thirty days from the date
on which such subsequent period
becomes payable.
(7) In case of any force majeure, the
Government may, if it considers
necessary so to do, by order, published
in the official Gazette, exempt from
payment of tax, or may condone the
delay in payment of the tax, and specify
the period within which the tax of any
vehicle registered and kept in the area,
mentioned in the order, shall become
payable.
(8) Nothing in this section shall operate, so
as to render lawful, keeping of a vehicle
for any period, in any manner, or at any
place, if to do so would be unlawful by
virtue of any other provisions of this Act.
(9) A person shall not be liable to pay tax
under this Act in respect of a vehicle-
(a)
for any period, for which tax under this
Act in respect of the vehicle has been
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
(b)
paid, and consequence of the surrender
of the Authorization certificate or the
registration certificate, has not been
repaid; and
for any calendar month in respect of
which he has, in accordance with the
rules or regulations prescribed, given
notice to the Taxing Officer that the
vehicle will not be used or kept on a
public road for use, during that month.
(10) Any person, who keeps or uses or allows
for use, or drives any motor vehicle,
without paying the tax prescribed for
such vehicle, within stipulated time, shall
be guilty of an offence.
284. Liability for non-payment of tax in
time._
(1) If the tax payable under section 283 has
not been paid within the period
prescribed or fixed by the Taxing Officer
under sub-section (3), or specified under
sub-section (6) of section 283, as the
case may be, the person liable to pay
such tax, shall have to pay, in addition to
the tax payable for the period for which it
is due, a fine equal to the sum prescribed
for every day of the delay period, subject
to a maximum of forty percent of the tax
payable for one year, and in the event of
a person’s failure to pay tax for more
than one year but not more than two
years, such person shall have to pay, in
addition to the tax payable, a fine as
aforesaid for every day, subject to a
maximum of eighty percent of the tax
payable for one year:
Provided that where the period of unpaid
tax exceeds two years, a fine equal to
one and a half times of the unpaid tax
shall have to be paid by the person liable
to pay such tax:
Provided further that if, at any time, it is
proved to the satisfaction of the Taxing
Officer that, non-payment of the tax for
any period, was intentional, to evade
payment of tax, under this Act, a fine
equal to three times of the unpaid tax,
shall have to be paid, by the person
liable to pay such tax.
(2) No person shall be liable to pay tax in
respect of any motor vehicle for the
period for which the tax payable under
this Act has already been paid by some
other person.
(3) If the tax payable, in respect of any
vehicle remains unpaid, by the person
liable for the payment thereof and such
Inserted new
16-336

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
5. Refund on surrender of
registration certificate
When any person has paid the tax in
respect of a motor vehicle he shall be
entitled, on production of a certificate
signed by the registering authority
stating that-
(a) the certificate of registration and the
registration card granted in respect of
such vehicle has been surrendered, to a
refund for each complete calendar
month of the period for which such tax
has been paid and which is unexpired
on the date on which the certificate of
registration was surrendered, of an
amount equal to one-twelfth of the tax
payable for the year in respect of such
vehicle, or
(b) an application for the registration or
for the renewal of the registration of
such vehicle has been refused, to a
refund of the tax paid.
person before paying the tax transfers
the ownership of such vehicle or ceases
to be in possession or control of such
vehicle, the person to whom the
ownership of the vehicle has been
transferred or the person who is in
possession of such vehicle, shall be
liable to pay the said tax :
Provided that nothing contained in this
sub-section shall be deemed to affect the
liability to pay the said tax on the person
who has transferred the ownership or
has ceased to be in possession or
control of such vehicle.
(4) Notwithstanding anything contained in
any other provisions of this Act, if the tax
due in respect of a transport vehicle is
not paid within the period determined by
the Taxing Officer, or specified under
sub-section (6) of section 283, the
operator’s Authorization certificate or the
permit or franchise certificate of such
transport vehicle, as the case may be,
shall be invalid from the date of expiry of
the period prescribed or determined by
the Taxing Officer or specified under subsection
(6) of said section 283, till the tax
is actually paid.
(5) Any person liable to pay tax under this
Act, shall not use or allow the use of any
motor vehicle, where he has reason to
believe that the tax due in respect of the
vehicle has not been paid, and the tax
token or the tax receipt of the vehicle
have been forged, tampered or
fraudulently obtained.
(6) Any person, who contravenes this
section, shall be guilty of an offence.
285. Refund of tax._
(1) If a Taxing Officer is satisfied that a
motor vehicle has not been used for any
complete calendar month in the year, he
shall, in the prescribed manner, refund or
remit in respect of the said vehicle onetwelfth
of the tax payable for the year, for
every complete calendar month, for
which the said vehicle has not been
used.
(2) When any person has paid the tax in
respect of a motor vehicle, he shall be
entitled, on production of a certificate
signed by the registering authority stating
that-
(a) the application for the Authorization
certificate, or for the registration or
renewal of the registration, or for the
transfer of ownership of such vehicle has
been refused, to a refund of the tax paid;
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
6. Declaration by person keeping a
motor vehicle for use
(1) Every person who keeps a motor
vehicle for use shall fill up and sign a
declaration in the prescribed form
stating truly the prescribed particulars
and shall deliver the declaration as so
filled up and signed to the Taxing
Officer and shall pay to the Taxing
Officer the Tax which he appears by
such declaration to be liable to pay in
respect of such vehicle.
(2) Where a motor vehicle is altered so
as to render the person who keeps such
vehicle for use liable to the payment of
an additional tax under section 7, such
person shall fill up and sign an
additional declaration, in the prescribed
form showing the nature of the
alterations made and containing the
prescribed particulars and shall deliver
such additional declaration as so filled
up and signed to the Taxing Officer and
shall pay to the Taxing Officer the
additional tax payable under section 7
which he appears by such additional
declaration to be liable to pay in respect
of such vehicle.
(3) Every person who owns any motor
vehicle which is let for hire otherwise
or
(b) the certificate of registration and the
registration card, granted in respect of
such vehicle has been surrendered, to a
refund for each complete calendar month
of the period for which such tax has been
paid, and which is unexpired on the date
on which the certificate of registration
was surrendered, of an amount equal to
one-twelfth of the tax payable for the
year, for every complete calendar month,
for which the said vehicle has not been
used.
(3) Any person, who claims to be entitled to
a refund or remission of tax payable
under this Act shall, within such time as
may be prescribed, make to the Taxing
Officer, an application in this behalf in
writing, which shall be accompanied by
such documents and evidence, as may
be prescribed.
(4) No proceedings shall be brought for
enforcing any repayment of tax, to which
a person may be entitled, in respect of
any over-payment of tax, made on a
vehicle licence taken out by him, unless
the proceedings are brought within
twelve months, beginning with the
expiration of the period, for which the
licence was taken out.
286. Declaration by person keeping a
motor vehicle for use._
(1) Every person who keeps a motor vehicle
for use shall, state truly the prescribed
particulars, information and shall deliver
to the Taxing Officer prescribed
declaration, and pay the tax and the
additional tax which he appears by such
declaration to be liable in respect of such
vehicle.
(2) If any person fails to deliver a declaration
in accordance with the provisions of this
section, the Taxing Officer may, after
making such inquiry as he thinks fit, and
after giving an opportunity to such person
to be heard, if he so desires, require him
to pay any tax or additional tax which the
Taxing Officer may find such person
liable to pay under the provisions of this
Act, and may also impose on him a
penalty, which may extend to half the
amount of the tax to which he is found
liable.
(3) Any person, who gives incorrect
particulars or information in relation to
any matter, affecting the amount of tax
payable, or submits a false or incorrect
declaration under this section, or who
otherwise without reasonable cause or
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
than on a hire-purchase agreement
shall, for the purposes of this Act, be
deemed to be the person who keeps
such vehicle for use.
7. Payment of additional tax
Where any motor vehicle in respect of
which the tax has been paid is altered in
such a manner as to cause the vehicle
to become a vehicle in respect of which
a higher rate of tax is payable, the
person who keeps such vehicle for use
shall be liable to pay an additional tax of
a sum which is equal to the difference
between the tax already paid in respect
of such vehicle and the tax which is
payable in respect of such vehicle after
its being so altered, and the registering
authority shall not grant a fresh
certificate of registration or renew any
certificate of registration in respect of
such vehicle as so altered until such
amount of tax has been paid.
8. Receipt for tax
The Taxing Officer shall grant and
deliver to every person, who pays to
him the tax or additional tax in respect
of any motor vehicle, a receipt in which
shall be specified the particulars of the
tax paid and such other particulars as
may be prescribed.
9. Token to be exhibited on motor
vehicles
(1) The Taxing Officer shall at the time
of granting a receipt for the tax deliver
to the person paying the tax a token of
such form and containing such
particulars as may be prescribed.
(2) Every person to whom such token is
delivered shall cause it to be exhibited
in the prescribed manner on the vehicle
in respect of which the tax is paid.
excuse contravenes this section, shall be
guilty of an offence.
287. Search and seizure of vehicle for nonpayment
of tax._
(1) Any Police Officer in uniform not below
the rank of a Sub-Inspector or Sergeant
or any road transport officer not below
the rank of Inspector of Motor Vehicles,
or such other officers or person or agent,
as may be authorized by the Government
or by the Authority may, require the
driver of any motor vehicle to stop the
motor vehicle and cause it to remain
stationary for the purpose of satisfying
himself that tax in respect of such vehicle
has been duly paid.
(2) Any officer or agent authorized under
sub-section (1) may, enter any premises
or place or property without a search
warrant, to inspect any motor vehicle, to
To be deleted
since the
necessary
provisions
have been
accomodated
in other
sections
To be deleted
since the
necessary
provisions
have been
accomodated
in other
sections
To be deleted
since the
necessary
provisions
have been
accomodated
in other
sections
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
verify whether tax has been paid for such
vehicle.
(3) Notwithstanding anything contained
elsewhere in this Act, any officer or agent
authorized under sub-section (1) may,
seize and detain any motor vehicle in
respect of which tax is due, until the
person liable to pay the tax, within seven
days of such detention —
(a) satisfies the Taxing Officer having
jurisdiction that the tax has actually been
paid; or
(b) paid to the Taxing Officer having
jurisdiction, the tax due together with the
fine or penalty to be paid for nonpayment
of tax under this Act or any
rules or regulations made thereunder.
(4) If any tax payable in respect of any
vehicle remains unpaid for more than
three months, commencing from the date
of acquisition, or expiry of the
Authorization certificate or the
registration certificate, or the tax token
last in force for the vehicle, the Taxing
Officer may, issue a warrant in the
prescribed form, directing the officer or
person or agency named therein, to
seize the vehicle and recover the tax due
from the proceeds of the sale of the
vehicle.
(5) The person to whom any warrant is
endorsed under sub-section (4) may,
break open in the daytime, any house or
building for the purpose of the seizure of
the vehicle in pursuance of such warrant.
(6) Upon seizure of a motor vehicle under
sub-section (3) or (4), the officer or
agent, who seized the motor vehicle,
shall issue a notice to the owner, through
the driver of the motor vehicle, and
where the driver is not present, the notice
shall however, be issued, by registered
post with acknowledgement due, or by e-
mail, sent to the owner of the motor
vehicle, calling upon him to make
payment of due tax, to the Taxing Officer
having jurisdiction, within a period of
thirty days from the date of such seizure,
and to produce before him, the
documents or valid tax token or receipt
showing the payment of tax in respect of
the vehicle seized:
Provided that a copy of the notice shall
be sent to the Taxing Officer having
jurisdiction in respect of payment of tax,
which shall, upon receipt of the report,
proceed in accordance with the
provisions of this section.
(7) Whenever a motor vehicle is seized
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
under sub-section (3) or (4), a seizure list
shall be prepared by the officer or the
agent who seizes the motor vehicle in
accordance with the provisions of the
Code of Criminal Procedure, 1898 (Act V
of 1898) and the vehicle seized shall be
kept under the safe custody of any police
station or any other Government place or
under the custody of any private
custodian, the cost for which, as may be
determined by the Taxing Officer having
jurisdiction, shall be borne by the person
liable for payment of the tax.
(8) Whenever a motor vehicle, seized under
this Act, contains any perishable or
nonperishable commodities, and the
owner of the motor vehicle does not take
back the motor vehicle, after making
payment for the dues, within such period,
as may be allowed to him, by the officer
or agent acting under this section, such
commodities shall be sold in public
auction or otherwise disposed of by the
Taxing Officer within whose jurisdiction
the vehicle has been seized and
detained under this section, after
publicity in the locality and nearby
markets.
(9) On the expiry of the period of thirty days
of detention, if no one turns up claiming
the ownership, or if, the person liable to
pay tax, within a further period of thirty
days, fails to pay to the Taxing Officer
having jurisdiction, double the amount of
the total tax due, including the fine
payable under section 284, in respect of
the vehicle seized and detained, and the
administrative cost, equal to ten percent
of the tax due, such vehicle may, subject
to the provisions of this Act, be sold in
auction:
Provided that the terms and conditions in
respect of auction of a motor vehicle
under this section shall be specified by
order, made in this behalf, by the
Government or by the Authority:
Provided further that if the owner or the
person liable to pay the tax of the said
motor vehicle, makes payment of the
aforesaid amount on or before the date
of auction, no further action will be taken
under the provisions of this Act.
(10) The sale of the vehicle seized and
detained may be effected by the Taxing
Officer having jurisdiction in respect of
payment of tax, or by the Taxing Officer
within whose jurisdiction the vehicle has
been seized and detained under this
section or by any other officer or agent
authorized by the Government, and the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
balance of proceeds of sale, if any, after
deduction of the tax due including the
fine, the additional tax, if any, and the
cost incidental, shall be paid to the owner
or to the other financier, if any or
otherwise, if unclaimed by the owner
within a period of twelve months, shall be
paid into the Revenue Fund specified
under section 18, or disposed of in the
manner, as may be specified by order,
made in this behalf, by the Government
or by the Authority:
Provided that the balance of the unpaid
tax or any other dues by the
Government, if any, shall however, be
recoverable from the owner of the motor
vehicle as if it is a public demand under
the Public Demand . . . . . Act, . . . . (Act
No . . . .of . .)
(11) No Court shall release a motor vehicle
seized under this Act, unless the person
in whose favour the motor vehicle is
released furnishes a bank guarantee
equivalent to double the total amount of
tax due including the additional tax, and
the amount of fine for nonpayment of
such tax, and also an undertaking to
make payment of the same within thirty
days from the date of seizure and
detention of the motor vehicle.
(12) When a motor vehicle has been sold in
auction under this section, such vehicle
shall be free and discharged from any
trust, obligation, mortgage charge, lien
and all other encumbrances affecting it,
and any attachment, injunction, decree or
order of any Court or other authority
restricting the use of such motor vehicle
in any manner or appointing any receiver
in respect of the motor vehicle shall be
deemed to have been withdrawn.
(13) Any person, who willfully fails to stop a
motor vehicle when required to do so
under sub-section (1), or obstructs an
officer acting under sub-section (2) or (5),
in the discharge of his duties, shall be
guilty of an offence.
288. Rebate on tax._
(1) Subject to such conditions and the rates,
as may be prescribed, a rebate on all or
any part of the tax payable for a vehicle
may be allowed, for payment of the tax
within first thirty days for which it is due.
(2) There may be prescribed different rates
of rebate or the methods for determining
the amount of the rebate for vehicles of
different classes, categories or
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
10. [Omitted]
[Omitted by 1st Schedule of East
Pakistan Repealing and Amending
Ordinance, 1962 (Ordinance No. XIII of
1962).]
11. [Omitted]
[Omitted by Schedule IV of the
Government of India (Adaptation of
Indian Laws) Order, 1937.]
13. Penalties for certain offences
Whoever-
(a) Keeps for use a motor vehicle
without having paid the tax or additional
tax in respect of such vehicle, or
(b) delivers a declaration or additional
declaration wherein the particulars
required by or under this Act to be
therein set forth are not fully and truly
stated,
shall be punishable with fine which may
extend to one and a-half times, and, in
the event of such person having been
previously convicted of an offence
under this Act or any rule made
thereunder, with fine which any extend
to twice the amount of the tax payable
for the year for the motor vehicle in
respect of which the offence is
committed and the amount of any tax
due shall also be recovered as if it were
a fine.
13A. Suspension of the certificate of
registration
If a Taxing Officer is satisfied that in
respect of any motor vehicle-
(a) a declaration or additional
declaration has not been delivered in
accordance with the provisions of the
section 6, within one month of the date
on which such declaration or additional
declaration was due, or
(b) any tax or additional tax payable
under this Act has not been paid within
one month of the date on which such
tax was payable, or
(c) any penalty imposed under subsection
(4) of section 4 has not been
paid within one month of the date on
which such penalty was imposed;
he may, notwithstanding anything
contained in the Motor Vehicles Act,
1939, or any rules made thereunder,
declare the certificate of registration of
such motor vehicle to be suspended
and such certificate shall thereupon be
deemed to be suspended until the
whole amount of tax and penalty, if any,
due in respect of such motor vehicle
descriptions of vehicles or for vehicles
used for different purposes.
289. Suspension of the certificate of
registration._
If a Taxing Officer is satisfied, in respect
of any motor vehicle, that-
(a) any tax or additional tax payable under
this Act has not been paid within the date
on which such tax was payable, or
(b) the declaration under section 289 has not
been delivered in accordance to the
requirement and/or within the time such
declaration was due; or
(c) any penalty imposed under sub-section
(2) of section 289 has not been paid
within the date on which such penalty
was payable;
he may, notwithstanding anything
contained elsewhere in this Act or any
rules or regulations made thereunder or
in any other law for the time being in
force, declare the certificate of
registration of such motor vehicle to be
suspended and such certificate shall
thereupon be deemed to be suspended
until the whole amount of tax and
penalty, if any, due in respect of such
To be deleted
since the
provisions
considered
necessary has
been
accomodated
in other
sections
Modified
16-343

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
has been paid.]
14. Other penalties
Whoever contravenes any of the
provisions of this Act or of any rule
made thereunder shall, if no other
penalty is elsewhere provided in this Act
for such contravention, be punishable
with fine which may extend to one
hundred Taka, and, in the event of such
person having been previously
convicted of an offence under this Act or
any rule made thereunder, with fine
which may extend to two hundred Taka.
motor vehicle has been paid.
290. Recovery of tax._
(1) Any tax, penalty or fine due in respect of
a motor vehicle under this Chapter, may
be recovered in the same manner as
arrear land revenue.
(2) Notwithstanding the provisions contained
in this Act or in any other law for the time
being in force, any tax unpaid under this
Act, may be sued for, by issuing a
specially endorsed notice (summons),
with a certificate signed by the Taxing
Officer, giving the name and address of
the defendant, and the amount of tax due
from him, in respect of any vehicle kept
by him, shall be sufficient evidence of the
amount due, and sufficient authority for
the court to give judgment for that
amount.
(3) Where a person is convicted of an
offence under this Act, the court before
which such person is convicted may, in
addition to the punishment prescribed for
the offence, order him to pay the amount
of any taxes unpaid, as may be certified
by the Taxing Officer, to be due and
payable under section 286 or 289 by
such person on the date of his
conviction.
291. Compounding of offences under this
chapter._
(1) Any offence punishable under this
Chapter, may, either before or after the
institution of the prosecution, be
compounded by the Taxing Officer, or
such other officer or authority or agent,
as may be authorized by the Government
or by the Authority by notification in the
official Gazette, and the cases may be
disposed of in the manner and on the
conditions, as may be prescribed, by
collecting from the person reasonably
suspected of having committed the
offence, a sum not less than the fine
specified for the offence and the tax or
fee due, if any.
Inserted new
Necessary
provisions
incorporated in
other section
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
15. Trial of offences
No court inferior to that of a Magistrate
of the second class shall try any offence
punishable under this Act.
(2) Where an offence has been compounded
under this section, the offender, if in
custody, shall be discharged and no
further proceedings shall be taken
against him in respect of such offence.
(3) Where any offence is compounded,
pursuant to sub-section (1), the Taxing
Officer or other officer acting under this
section, shall send particulars of such
offence, to the Authority or other
prescribed authority in the prescribed
manner.
292. Levying of road-user charges._
(1) In this section —
(a) "authorised officer" means the taxing
officer, any road transport officer, or any
other officer or authority or person, or
agency who is duly authorised by the
Government or by the Authority, to carry
out any particular function or to exercise
any particular power under this section;
(b) "prescribed hours" means such hours as
the Government or the Authority may
prescribe, or the authorized officer may
fix, for the levying of a road-user charge
in respect of any specified road;
(c) "road-user charge" means the charge
payable for riding, driving or moving or
using a motor vehicle or any other
vehicle on a specified road during the
prescribed hours; or
(d) "specified road" means any road or a
part thereof as may be prescribed in the
rules or regulations made under this
section or as may be specified by the
Government or by the Authority or by the
authorized officer having jurisdiction over
the area.
(2) The Government or the Authority may
prescribe road-user charges to be paid in
connection with the use of any specified
road.
(3) All road-user charges collected under
this section shall be paid into the
Revenue Fund specified under section
19.
(4) The Government or the Authority may,
cause to be installed on any road, in
respect of which a road-user charge is
levied under this section, such electronic
or computerised or other facilities as it
thinks fit, for the purpose of collecting the
road-user charge and may also cause to
be installed such ancillary facilities, as
the Government or the Authority thinks
necessary.
(5) The Government or the Authority may
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
make rules or regulations for the
purposes of carrying this section into
effect; and without prejudice to the
generality of the foregoing power, such
rules or regulations may, in particular,
provide for-
(a) the specifying of the roads in respect of
which, and the days and hours during
which, a road-user charge shall be
levied;
(b) the amount of road-user charge to be
levied in respect of any specified road
and for this purpose, road-user charges
of different amounts may be prescribed
in respect of-
(i) different specified roads or parts thereof;
(ii) different hours of the day or different
days of the week; and
(iii) different classes, categories or
descriptions of vehicles;
(c) the manner in which road-user charges
shall be levied and collected, including
the use of electronic or computerised or
other facilities therefor, and for this
purpose, the rules or the regulations
made, may-
(i) require all vehicles (whether registered in
Bangladesh or elsewhere) to be installed
with such devices and appurtenances
and in such manner as may be
prescribed before they may be ridden,
driven or moved or used on a specified
road, during the prescribed hours;
(ii) prohibit the sale, supply, installation,
repair or maintenance of any device or
appurtenance prescribed under subclause
(i), by any person not authorised
by the Government or by the Authority to
do so;
(iii) specify the conditions under which any
device or appurtenance prescribed under
sub-clause (i), may be removed from one
vehicle and installed in another or
transferred from one person to another;
and
(d) prescribe the records to be kept by the
registering authority, or by the authorized
officer in connection with this section,
and regulating the disclosure by the
registering authority or by the authorized
officer, of any information in such
records.
(6) Where a person is convicted of an
offence committed under this section, or
under any rules or regulations prescribed
under this section, the court before which
such person is convicted may, in addition
to the punishment prescribed for the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
offence, order him to pay the amount of
road-user charge, as may be certified by
the authorized officer having jurisdiction
over the area, or by the registering
authority in that behalf, to be due from
such person, on the date of such
conviction, and such amount may be
recovered, according to the law for the
time being in force, for the recovery of
fines, if any.
(7) The registering authority, or the
authorized officer having jurisdiction over
the area may, by notice in writing, require
the owner of any vehicle, in which any
device or appurtenance has been
installed for the purpose of this section,
to produce the vehicle before itself, or
any other authorized officer or person, at
such time and place as the registering
authority, or the authorized officer may
appoint, in order that the device or the
appurtenance may be inspected and
tested for proper functioning.
(8) The registering authority, or the
authorized officer or the inspecting officer
or authority may, cause to remove from a
vehicle which has been produced for
inspection, pursuant to sub-section (7),
any device or appurtenance which has
been installed therein for the purpose of
this section, if the registering authority or
the authorized officer or the inspecting
officer or authority is satisfied, that the
device or appurtenance cannot be
properly inspected or tested without
being so removed.
(9) If, upon inspecting any such device or
appurtenance, the registering authority or
the authorized officer is satisfied that
there is or has been any contravention of
any of the provisions of this section or
the rules or regulations made under subsection
(5) concerning the device or
appurtenance, the registering authority or
the authorized officer may cause to
remove the device or appurtenance from
the vehicle and dispose of it in such
manner as it or he thinks fit.
(10) Any person, who fails to comply with a
notice issued under sub-section (7), shall
be guilty of an offence.
(11) Where a person, on whom a notice is
served under sub-section (7), fails to
comply with the notice, the registering
authority or an authorised officer may
seize and detain the vehicle in order to
carry out any inspection or test under
sub-section (7).
(12) Where any vehicle is seized and
detained under sub-section (11), the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
16. Power of Government to exempt
certain Motor Vehicles from the tax
The Government may, by notification in
the official Gazette, exempt either totally
or partially any motor vehicle or class of
motor vehicle from the tax.
17. [Repealed]
[Repealed by section 3 and the Second
Schedule of Bengal Repealing and
Amending Act, 1946 (Act No. XVI of
1946).]
12. Power to make rules
(1) The Government may, subject to the
condition of previous publication, make
rules for carrying out the purposes of
this Act.
(2) In particular and without prejudice to
the generality of the foregoing power,
the Government may make rules for all
or any of the following purposes,
namely:-
(a) to prescribe the form of any
declaration, certificate,
receipt or token, the particulars to be
stated therein the manner of exhibiting a
certificate or token on a motor vehicle or
trailer, and the condition in which such
certificate or token shall be maintained,
(b) to prescribe what shall be deemed to
be a year or a quarterly period for the
purposes of section 4,
(c) to prescribe the powers and duties of
registering authority or the authorized
officer shall, immediately inform the
owner of the vehicle in writing of the
seizure and detention, and if the vehicle
is not claimed by its owner within three
months of the date of its seizure, the
provisions under section 287 relating to
the sale and disposal of a seized vehicle
shall thereupon apply.
(13) The proceeds, if any, from the sale or
disposal of the vehicle under sub-section
(12), shall be applied in payment of any
road-user charges, which may be due in
respect of the vehicle, and of any
charges incurred in carrying out the
provisions of this section, and the
surplus, if any, shall be paid into the
Revenue Fund, if unclaimed by the
owner within a period of twelve months.
293. Power of Government to exempt from
the payment of tax or road-user
charges._
The Government or the Authority may, if
it thinks it necessary and expedient, so to
do, in the public interest, exempt, either
totally or partially, any motor vehicle or
class of motor vehicles, or persons or
class of persons from the payment of any
tax, additional tax or any road-user
charges or any fine imposed on such
motor vehicle for non-payment of tax or
road-user charges under this Act or any
rules or regulations made there under.
294. Power to make rules or regulations._
(1) The Government or the Authority may
make regulations for the purpose of
carrying into effect or to supplement the
provisions of this Chapter.
(2) Without prejudice to the generally of the
foregoing power, such regulations may
provide for
(a) the forms to be used for declaration,
certificate, receipt or token or for other
purposes of this Chapter; the particulars
and information these shall contain and
the manner of filling up and submission
thereof;
(b) the documents, particulars, information
and evidence to accompany applications,
declaration under this chapter, and the
procedures and the requirements to be
complied with, the period within which
Modified
Modified
16-348

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
the Taxing Officer and the registering
authority,
(d) to regulate the manner in which
refunds or deductions or exemptions
may be claimed, and
(e) to regulate the method of assessing
and recovering the tax.
(3) All rules made under this section
shall be published in the official
Gazette.
these may be submitted and disposed
off;
(c) the registers and records to be
maintained for the purposes of this
Chapter, the particulars and information
these shall contain, and the manner how
they shall be maintained including the
use of electronic, computerized or other
facilities;
(d) the communication between registering
authorities or other authorities or officers
of particulars of Authorization certificate
or certificate of registration or token, and
by owners of vehicles registered outside
Bangladesh of particulars of such
vehicles and of their registration;
(e) the issue of the token or the certificates
lost, destroyed or mutilated;
(f) the manner of exhibiting a certificate or
token on a motor vehicle or trailer, and
the condition in which such certificate or
token shall be maintained;
(g) the annual and bi-annual period of tax for
the purpose of payment of taxes;
(h) the appointment, power, functions and
jurisdiction of the taxing officer and other
prescribed officer or authority;
(i) the information and the particulars to be
furnished by the seller and buyer of
vehicles;
(j) the manner in which refunds or
deductions or exemptions may be
claimed;
(k) the refund or forfeiture of tax;
(l) the method of assessing, levy and
collection of tax and recovering the
arrear tax;
(m) the manner in which the tax may be
collected including the use of electronic,
computerized or other facilities;
(n) the class and type of vehicle and trailer
for taxation purposes;
(o) the out sourcing of vehicle tax related
functions;
(p) the surrender of registration, refund of
tax and related matters;
(q) the submission, conduct and hearing of
appeals, the period within which appeal
may be preferred and disposed off under
this Chapter, the fees to be paid in
respect of such appeals and the refund
of such fees;
(r) the production of Authorization
certificate, certificates of registration,
token or any other certificate, before the
taxing officer or other authority or officer,
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVI
Throughout this Act, except otherwise
provided, the words `Bangladesh`,
`Government` and `Taka` were
substituted, for the words `East
Pakistan`, `Provincial Government` and
`rupees` respectively by section 3 and
2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973
(Act No. VIII of 1973).
2 Second paragraph of the preamble
was omitted by section 3 and 2nd
Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973
(Act No. VIII of 1973).
3 The word `Bengal` was omitted by
section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of
1973)
4
Sub-section (1a) was inserted by
section 3(2) of the Bengal Motor
Vehicles Tax (Amendment) Act, 1932
(Act No. XIII of 1932)
5 Section 13A was inserted by section 9
of the Bengal Motor Vehicles Tax
(Amendment) Act, 1932 (Act No. XIII of
1932)
Copyright ® 2008, Ministry of Law, Justice
and Parliamentary Affairs
(s)
(t)
for examination of entries, particulars
therein;
the exemption of prescribed persons or
prescribed classes of persons or vehicles
from payment of all or any portion of the
tax payable under this Chapter and the
conditions governing such exemptions;
any other matter which is to be or may be
prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XVII : ANTI AUTO-CRIME MEASURES ................................................................... 351
295. Unauthorized use of a vehicle._ .................................................................................... 351
296. Taking hold of a vehicle in motion._ ............................................................................ 351
297. Receiving or disposing of a vehicle or its parts._ ...................................................... 352
298. Damaging or tampering or unauthorised interference with a vehicle._ ............... 352
299. Stolen, converted, recovered, and unclaimed vehicles._ ........................................ 353
300. False report of theft or conversion._ ............................................................................ 354
301. Use of false or unauthorised vehicle identification number or registration plate._ .
.............................................................................................................................................. 354
302. Evidence of Criminal intent or knowledge._ ............................................................... 355
303. Principals._ ......................................................................................................................... 356
304. Seizure and disposition of stolen vehicles and parts of vehicles._ ........................ 356
305. Forgery of documents._ .................................................................................................. 356
306. Issue of false documents._ ............................................................................................ 356
307. False statement or declaration._ .................................................................................. 357
308. Impersonation._ ............................................................................................................... 357
309. Power to make regulations._ ......................................................................................... 358
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVII
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER I
PRELIMINARY
156. 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
punishable with imprisonment which
may extend to 157 [ three months] or
with fine which may extend to
158 [ two
thousand] Taka, or with both.
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XVII : ANTI AUTO-CRIME
MEASURES
295. Unauthorized use of a vehicle._
(1) A person not entitled to possession of a
vehicle, who, without the consent of the
owner or other lawful authority, and with
intent to deprive the owner, temporarily or
otherwise, of the vehicle or its possession,
takes, uses or drives the vehicle, shall be
guilty of an offence.
(2) Any person who, unlawfully by force or
threat of force or by any other form of
intimidation, seizes or exercises control of
a motor vehicle, shall be guilty of an
offence
(3) Any person who attempts to commit any of
the acts referred to in sub-section (1), or
sub-section (2), in relation to any motor
vehicle, or abets the commission of any
such act, shall also be deemed to have
committed an offence under sub-section
(1) or, as the case may be, sub-section
(2).
(4) No person shall be convicted under this
section, if the Court is satisfied, that such
person 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 therefor.
(5) If on the trial of any person for the theft of
a motor vehicle, the court is of opinion that
the accused was not guilty of theft, but
was guilty of an offence under this section,
the court may convict the accused under
this section.
(6) Any police officer in uniform may arrest
without warrant, any person reasonably
suspected by him of having committed, or
of attempting to commit an offence under
this section.
296. Taking hold of a vehicle in motion._
(1) Any person, who otherwise than with
lawful authority or reasonable cause,
takes or retains hold of or gets on to a
motor vehicle or trailer while it is in motion
on any road for the purpose of his being
drawn or carried, he shall be guilty of an
offence.
Proposed a
new law to
replace the
MVO 1983
Inserted new
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVII
158. Unauthorised 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 any part
of the body, or the speed governor or
the speed governor seal, or the taxi
meter (fare meter), or the taxi meter
seal of a motor vehicle shall be
punishable with imprisonment which
may extend to 160 [ three months], or
with fine which may extend to
161 [ one
thousand] Taka, or with both.
(2) While a motor vehicle is on a road or on a
parking place where the public may park
motor vehicles, any person, who otherwise
than with lawful authority or with
reasonable cause gets on to or moves or
tampers with the vehicle, he shall be guilty
of an offence.
(3) Any person, who loiters in or near a road
or parking place where the public may
park motor vehicles for the purpose of
importuning or importunes any other
person in respect of the watching or
cleaning of any motor vehicle during the
absence of its driver, the person so
loitering or importuning shall be guilty of
an offence.
(4) Any police officer may arrest, without
warrant any person, reasonably suspected
by him of having committed, or of
attempting to commit an offence under this
section.
297. Receiving or disposing of a vehicle or
its parts._
(1) A person not entitled to the possession of
a vehicle, who, receives, possesses,
conceals, sells or disposes of it, knowing it
to be stolen, converted, or taken by fraud,
under circumstances constituting a crime,
is guilty of an offence.
(2) A person not entitled to the possession of
a motor vehicle part, who, receives,
possesses, conceals, sells, or disposes of
it, knowing it to be stolen, converted, or
taken by fraud, under circumstances
constituting a crime, is guilty of an offence
if the value of the part is. . . . . . . Taka or
more.
298. Damaging or tampering or
unauthorised interference with a
vehicle._
(1) A person who, with intent and without right
to do so, damages a vehicle or damages
or removes any of its parts or components
is guilty of an offence.
(2) A person, who, without right to do so and
with intent to commit a crime, tampers with
a vehicle, or goes in or on it, or works or
attempts to work any of its parts or
components, or sets or attempts to set it in
motion, or interfere with the conduct or
driving of the vehicle, is guilty of an
offence.
(3) 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, or any part of the body, or the
Inserted new
Modified
17-352

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVII
speed control mechanism or any seal
thereof, or the taxi meter (fare meter), or
the taxi meter seal of a motor vehicle shall
be guilty of an offence.
299. Stolen, converted, recovered, and
unclaimed vehicles._
(1) A Police officer who learns of the theft of a
vehicle not since recovered, or of a vehicle
whose theft or conversion such officer
knows or has reason to believe has been
reported to the Police Department, shall
forthwith report the theft or recovery to the
RT Department and the Authority.
(2) An owner or a lien holder may report the
theft of a vehicle, or its conversion, if a
crime, to the Police Department and the
Authority, but the Department may
disregard the report of a conversion
unless a warrant has been issued for the
arrest of a person charged with the
conversion; a person who has so reported
the theft or conversion of a vehicle shall,
forthwith after learning of its recovery,
report the recovery to the Department and
the Authority.
(3) An operator of a place of business for
garaging, repairing, parking or storing
vehicles for the public, in which a vehicle
remains unclaimed for a period of 10 days,
shall, within five days after the expiration
of that period, report the vehicle as
unclaimed to the Police Department and
the Authority; such report shall be on a
form prescribed by the Authority.
(4) A vehicle left by its owner, whose name
and address are known to the operator or
operator's employee, is not considered
unclaimed under sub-section (3); a person
who fails to report a vehicle as unclaimed
in accordance with sub-section (3), forfeits
all claims and liens for its garaging,
parking or storing and is guilty of an
offence and shall be liable to pay, a
penalty equivalent to one unit of penalty
fixed under sub-section (2) of section 353,
for each day or fraction thereof of such
person's failure to report continues.
Inserted new
(5) The Police Department shall maintain and
appropriately index cumulative public
records of stolen, converted, recovered
and unclaimed vehicles reported to it
pursuant to this section; the Police
Department may make and distribute
regularly lists of such vehicles so reported
to it to the Authority upon request.
(6) The Authority may suspend the
registration of a vehicle whose theft or
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVII
conversion is reported to the Police
Department pursuant to this section; until
the Department learns of its recovery or
that the report of its theft or conversion
was erroneous, it shall not issue a
certificate of title for the vehicle.
300. False report of theft or conversion._
A person who knowingly makes, or who
knowingly assists, abets, or solicits the
making of, a false report of the theft,
destruction, damage, or conversion of a
vehicle to the Police Department or the
Authority is guilty of an offence; a person
convicted of a violation of this section, a
second or subsequent time, is guilty of an
offence.
301. Use of false or unauthorised vehicle
identification number or registration
plate._
(1) A person who knowingly removes or
falsifies any identification number is guilty
of an offence:
Provided that this subsection shall not
apply to a motor vehicle demolisher, or
motor vehicle scrap processor, who is
licensed where required by law, and who
routinely and in the normal course of
business processes a vehicle or
component part by crushing, compacting,
or other similar method:
Provided further that any identification
number is not removed from the vehicle or
component part prior to or during any such
processing.
(2) A person who, willfully and with intent to
conceal or misrepresent the identity of a
vehicle or component part, removes or
falsifies any identification number is guilty
of an offence.
(3) A person who buys, receives, possesses,
sells, or disposes of a vehicle or
component part, with knowledge that an
identification number has been removed
or falsified and with intent to conceal or
misrepresent the identity of the vehicle or
component part, is guilty of an offence.
(4) A person who removes a registration plate
from a vehicle or affixes to a vehicle
registration plate not authorised by law for
use on it, in either case with intent to
conceal or misrepresent the identity of the
vehicle or its owner, is guilty of an offence.
(5) A person who knowingly possesses any
identification number, plate, or label which
has been removed from the original
vehicle or component part, or on which the
identification number has been removed
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVII
or falsified, is guilty of an offence.
(6) For the purposes of this chapter:
(a) "Identification number" includes a vehicle
identification number, identifying number,
serial number, engine number,
transmission number or other
distinguishing number, symbol, or mark,
placed on a vehicle, engine, transmission
or other component part by its
manufacturer or by authority of the
Authority or in accordance with the laws of
another country;
(b) "Symbol" means a symbol required by
regulations of the Authority;
(c) "Remove" includes deface, cover, or
destroy;
(d) "Falsify" includes alter and forge;
(e) "Motor vehicle demolisher" means a
person, including any motor vehicle
dismantler or motor vehicle recycler, who
is engaged in the business of reducing
motor vehicles or motor vehicle parts to
metallic scrap that is unsuitable for use as
either a motor vehicle or a motor vehicle
part;
(f) "Motor vehicle scrap processor" means a
person:
(i) who is engaged in the business of
purchasing motor vehicles or motor
vehicle parts for reduction to metallic
scrap for recycling;
(ii) who, from a fixed location, uses,
machinery to process metallic scrap into
prepared grades; and
(iii) whose principal product is metallic scrap
for recycling; but such term does not
include any activity of any such person
relating to the recycling of a motor vehicle
or a motor vehicle part as a used motor
vehicle or a used motor vehicle part.
(7) An identification number may be placed on
a vehicle or component part by its
manufacturer in the regular course of
business or placed or restored on a
vehicle or component part by the Authority
without violating this section; an
identification number so placed or restored
is not falsified.
302. Evidence of Criminal intent or
knowledge._
In a prosecution for a crime specified in
this Act, evidence that the defendant has
committed a prior act or acts of the same
kind is admissible to prove criminal intent
or knowledge.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVII
147. Punishment for abetment of
certain offences
Whoever abets the commission of an
offence under section 143, or 145,
shall be punishable with the
punishment provided for the offence.
303. Principals._
A person who, whether present or absent,
aids, abets, induces, procures or causes
the commission of an act which, if done
directly by such person, would be a felony
or a misdemeanour under a provision of
this Act, is guilty of the same offence.
304. Seizure and disposition of stolen
vehicles and parts of vehicles._
(1) A police officer or a road transport officer
or any other officer or person authorized in
this behalf by the Government or by the
Authority, may, seize any vehicle or
vehicle parts, which the police officer or
other officer or person reasonably believes
to have been stolen, or to have had any
identification number removed or falsified.
(2) Upon seizure, the police officer or other
officer or person acting under sub-section
(1) may retain custody of a vehicle or
vehicle part pending investigation and
examination of a seized item.
305. Forgery of documents._
Any person, who, with an intention to
deceive, forges or fraudulently alters,
tampers with, defaces, mutilates, or
makes or uses or exhibits, or lends to or
sells, or allows, or permits to be used by
any other person, any license or
registration or certificate, or permit, or card
or token or label or other documents or
badge or any identifying number or mark
or any other thing that is required under
this Act or the rules or regulations made
there under or conceals or obliterates any
endorsement thereon or knowingly has in
his custody or possession any such
documents, number or mark or other thing
shall be guilty of an offence, and any
license, certificate or other document or
number or mark so obtained shall be of no
effect or use.
306. Issue of false documents._
(1) Any person, who, while acting under this
Act, or whenever required to do so by this
Act, or any rules or regulations made there
under-
(a) makes any entry in any book, record,
register, certificate, or other document
required to be issued, kept, maintained or
furnished under this Act or any rules or
regulations made there under, which is
false or in any material respect
misleading; or
(b) makes any document containing a false
statement, intending that such entry, or
Modified
Inserted new
Inserted new
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVII
document or statement may appear or be
given to any authority or in evidence at an
inquiry held under this Act or any rules or
regulations made there under; or
(c) issues or uses any document or certificate
or test certificate or manufacturer's
certificate, type approval certificate,
insurance certificate and if the document
or certificate so issued or used is to his
knowledge false or fictitious in a material
particular or material fact;
shall be guilty of an offence and any
license, certificate or other document or
number or mark so made, issued, used or
maintained, shall be of no effect or use.
(2) In this section and for the purpose of
section 307 the expression "material
particular" or "material fact" mean,
respectively a particular or fact of such a
nature, this is likely to influence the
judgment of a prudent court or authority.
307. False statement or declaration._
(1) A person, who knowingly makes a false or
incorrect statement or declaration or
withholds any material fact or information,
in the course of giving evidence at any
inquiry held under this Act or under any
rules or regulations made there under or
for the purpose of obtaining for him/her
self or for any other person any license,
registration, certificate or any other
document or identifying number or mark
shall be guilty of an offence and any
license or registration or certificate or
document or number or mark so obtained
by him/her shall be of no effect.
(2) A person, who in supplying information or
producing documents when required
under this Act or any rules or regulations
made there under or when required by any
authority acting under this Act, makes a
statement or supply information which he
knows to be false in a material particular
or fact or produces or furnishes or sends
or otherwise makes use of a document
which he knows to be false in materials
particular or material fact, shall be guilty of
an offence.
(3) Whoever being a manufacturer or an
assembler or an importer or a dealer in
motor vehicles or parts of motor vehicle or
equipment gives a false warranty or
guarantee shall be guilty of an offence.
Inserted new
308. Impersonation._
Any person, who, with an intention to
deceive, falsely represents himself to be
an authorised officer or a competent
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVII
authority under this Act or any rules or
regulations made there under shall be
guilty of an offence.
309. Power to make regulations._
(1) The Authority may make regulations for
the purposes of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generality of the
foregoing power, the regulations under
this Chapter may be made with respect to
all or any of the following matters namely:-
(a) the forms to be used for the purposes of
this Chapter;
(b) examination and disposal of forged licence
certificate and other documents, plate,
marks, etc.????
Inserted new
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Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XVIII : MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING
BANGLADESH ...................................................................................................................................... 359
310. Power of Government to make rules._ ........................................................................ 359
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVIII
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER VIII
MOTOR VEHICLES TEMPORARILY
LEAVING OR VISITING
BANGLADESH
107. Power of Government to make
rules
(1) The Government may, by
notification in the official Gazette,
make rules for all or any of the
following purposes, namely.-
(a) the grant and authentication of
travelling passes, certificates or
authorisations to persons temporarily
taking motor vehicles out of
Bangladesh to any place outside
Bangladesh or to persons temporarily
proceeding out of Bangladesh to any
place out of Bangladesh and desiring
to drive a motor vehicle during their
absence from Bangladesh;
(b) prescribing the conditions subject
to which motor vehicles brought
temporarily into Bangladesh from
outside Bangladesh by persons
intending to make a temporary stay in
Bangladesh may be possessed and
used in Bangladesh; and
(c) Prescribing the conditions subject
to which persons entering Bangladesh
from any place outside Bangladesh
for a temporary stay in Bangladesh
may drive motor vehicles in
Bangladesh.
(2) No rule made under this section
shall operate to confer on any person,
any immunity from the payment of any
tax levied on motor vehicles or their
users.
(3) Nothing in this Ordinance or in any
101 [ rules or regulations made
thereunder] relating to-
(a) the registration and identification
of motor vehicles, or
(b) the requirements as to
construction, maintenance and
equipment of motor vehicles, or
(c) the licensing and the qualifications
of drivers and conductors of motor
vehicles;
shall apply to any motor vehicle to
which or to any driver or any
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XVIII : MOTOR VEHICLES
TEMPORARILY LEAVING OR VISITING
BANGLADESH
310. Power of Government to make rules._
(1) The Government may, make rules for all
or any of the following purposes, namely-
(a) prescribing the grant and authentication of
travelling passes, certificates or
authorizations, to persons temporarily-
(i) taking motor vehicles out of Bangladesh,
to any place outside Bangladesh; and
(ii) proceeding out of Bangladesh, to any
place out of Bangladesh, and desiring to
drive a motor vehicle during their absence
from Bangladesh; and
(b) prescribing the conditions subject to which
motor vehicles brought temporarily into
Bangladesh, from outside Bangladesh, by
persons intending to make a temporary
stay in Bangladesh, may be possessed,
kept and used in Bangladesh, the period
of stay; and
(c) prescribing the conditions subject to which
persons entering Bangladesh, from any
place outside Bangladesh, for a temporary
stay in Bangladesh, may drive motor
vehicles in Bangladesh;
(d) prescribing the issue of authorization in
respect of a vehicle not registered under
this Act that is brought into Bangladesh
from any place outside Bangladesh
(herein after referred to in this section as a
foreign vehicle);
(e) prescribing the manner of application, the
period of validity, cancellation and such
other matters relating to authorization;
(f) prescribing the taxes, fees and charges
payable for foreign vehicles of a specified
class, category or description or for
specified purposes;
(g) prescribing the collection including the use
of electronic or computerised or other
facilities, the keeping of records in
electronic form;
(h) prescribing the use by the foreign vehicle
concerned of specified points of entry into
and exit from Bangladesh;
(i) prescribing the power of court and the
Proposed a
new law to
replace the
MVO 1983
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVIII
conductor of a motor vehicle to whom
any rules made under clause (b) or
clause (c) of sub-section (1) apply.
authorised officers to prohibit the entry into
or exit from Bangladesh of any foreign
vehicle for non-payment of any arrear fee
or tax payable under the rules in respect
of that vehicle; or
(j) prescribing the recovery of arrear fees and
taxes and the punishment for any offences
committed; or
(k) prescribing the registration and licensing
of vehicles, the forms of application for
and the contents of vehicle licences, the
special facilities for the licensing of motor
vehicles brought into Bangladesh from
places outside Bangladesh; or
(l) prescibing the requirements as to
construction, maintenance and equipment
of motor vehicles brought into Bangladesh
from places outside Bangladesh.
(2) For the purpose of facilitating and
regulating the services of motor vehicles
operating between Bangladesh and any
other country under any reciprocal
arrangement and carrying passengers or
goods or both by road for hire or reward,
the Government may, make rules with
respect to all or any of the following
matters, namely:-
(a) the conditions subject to which motor
vehicles carrying on such services may be
brought into Bangladesh from outside
Bangladesh and possessed and used in
Bangladesh;
(b) the conditions subject to which motor
vehicles may be taken from any place in
Bangladesh to any place outside
Bangladesh;
(c) the conditions subject to which persons
employed as drivers and conductors,
attendants or other worker of such motor
vehicles may enter or leave Bangladesh;
(d) the grant and authentication of travelling
passes, certificates or authorisations to
persons employed as drivers and
conductors, attendants or other worker of
such motor vehicles;
(e) the particulars (other than registration
marks) to be exhibited by such motor
vehicles and the manner in which such
particulars are to be exhibited;
(f) the use of trailers with such motor
vehicles;
(g) the exemption of such motor vehicles and
their drivers, conductors, attendants or
other worker from all or any or the
provisions of this Act, [other than those
referred to in sub-section (4)], of the rules
made thereunder;
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XVIII
(h) the identification of the drivers,
conductors, attendants or other workers of
such motor vehicles;
(i) the replacement of the travelling passes,
certificates or authorisations, permits,
licences or any other prescribed
documents lost or defaced, on payment of
such fee as may be prescribed;
(j) the exemption from the provisions of such
laws as relate to customs, police or health
with a view to facilitate such road transport
services; and
(k) any other matter which is to be, or may be,
prescribed.
(3) No rule made under this section shall
operate to confer on any person any
immunity from the payment of any tax
levied on motor vehicles or their users.
(4) Nothing in this Act or in any rules or
regulations made there under by the
Government or by the Authority relating to-
(a) the registration and identification of motor
vehicles, or
(b) the requirements as to construction,
maintenance and equipment of motor
vehicles, or
(c) the licensing and the qualifications of
drivers and conductors, attendants or
other workers of motor vehicles;
shall apply, to any motor vehicle to which
or to any driver or any conductor or other
worker of a motor vehicle to whom any
rules made under clause (b) to clause (l)
of sub-section (1) or under sub-section (2),
apply. ???
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Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XIX : INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS ....
..................................................................................................................................................... 362
311. Interpretations._ .......................................................................................................................... 362
312. Requirements of insurance against third party risks._ ........................................................ 364
313. Requirements of policies and limits of liability._ ................................................................... 366
314. Requirements in respect of securities._ .................................................................................. 369
315. Certain conditions to policies or securities to be of no effect._ ......................................... 369
316. Effect of restrictions on the scope of insurance or security against third party risks._ 370
317. Validity of policies of insurance issued in reciprocating countries._ ................................. 371
318. No fault liability._ ......................................................................................................................... 371
319. Duty of insurers or persons giving security to satisfy judgments against persons
insured or secured in respect of third party risks._ ............................................................. 372
320. Insolvency of the insured or secured persons not to affect claims by third parties._ .. 377
321. Duty to give information as to insurance or security._ ....................................................... 378
322. Settlement between insurers and insured persons._ ........................................................... 380
323. Saving in respect of sections 320, 321 and 322._ ............................................................... 381
324. Deposits._ ..................................................................................................................................... 381
325. Insolvency of insured persons not to affect liability of insured or claims by third
parties._ ......................................................................................................................................... 382
326. Effect of death on certain causes of action._ ......................................................................... 382
327. Applicability of this Chapter to certain claims under Bangladesh Labour Act, 2006 (Act
No 42 of 2006)._ ......................................................................................................................... 382
328. Effect of certificate of insurance._ ............................................................................................ 382
329. Transfer of certificate of insurance._ ....................................................................................... 383
330. Duty to surrender certificate of insurance and certificate of security on cancellation of
policy or security._ ...................................................................................................................... 384
331. Duty of insurer to notify registering authority cancellation or suspension of the policy or
the security._ ................................................................................................................................ 385
332. Production of certificate of insurance or certificate of security._ ...................................... 385
333. Production of certificate of insurance on application for authority to use vehicle._ ...... 387
334. Co-operative insurance._ ........................................................................................................... 387
335. Duty to furnish particulars of vehicle involved in accident._ .............................................. 389
336. Compensation in case of hit and run motor accident._ ....................................................... 389
337. Compensation on structured formula basis._ ........................................................................ 391
338. Claims Tribunals._ ....................................................................................................................... 392
339. Application for compensation._ ................................................................................................. 392
340. Option regarding claims for compensation cases._ .............................................................. 393
341. Procedure and award by Claims Tribunal._ ............................................................................ 394
342. Procedure and powers of Claims Tribunal._ ........................................................................... 394
343. Award of compensatory costs in certain cases._ .................................................................. 395
344. Appeals._ ....................................................................................................................................... 396
345. Recovery of money due under award._ .................................................................................. 396
346. Bar on the jurisdiction of Civil Courts._ .................................................................................. 397
347. Power to make regulations._ ..................................................................................................... 397
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER IX
INSURANCE OF MOTOR VEHICLES
AGAINST THIRD PARTY RISKS
108. Definitions
In this Chapter-
(a) “authorised insurer” means an
insurer in whose case the
requirements of the Insurance Act,
2010 (Act 13 0f 2010) ,are complied
with, and include the Government
when the business of insuring motor
vehicles against third party risk is
carried on by it; and
(b) “certificate of insurance” means a
certificate issued by an authorised
insurer in pursuance of sub section
(2) of section 110; and includes a
cover note complying with such
requirements as may be prescribed,
and where more than one certificate
has been issued in connection with a
policy, or where a copy of a certificate
has been issued, all those certificates
or that copy, as the case may be;
(c) “property” includes roads, bridges,
culverts, cause ways, trees, posts and
mile stones;
(d) “third party” includes the
Government.
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XIX : INSURANCE OF MOTOR
VEHICLES AGAINST THIRD PARTY RISKS
311. Interpretations._
(1) In this Chapter-
(a) “accident” includes a reference to two or
more causally related accidents;
(b) "authorized insurer" means an insurer, for
the time being carrying on the business of
insuring motor vehicles against third party
risk, in Bangladesh, in whose case the
requirements of the Insurance Act, 2010
(Act 13 of 2010), are complied with, and
include the Government when the
business of insuring motor vehicles
against third party risk is carried on by it;
and
(c) "certificate of insurance" means a
certificate issued by an authorised insurer
in pursuance of sub-section (4) of section
313; and includes a cover note complying
with such requirements as may be
prescribed, and where more than one
certificate has been issued in connection
with a policy, or where a copy of a
certificate has been issued, all those
certificates or that copy, as the case may
be;
(d) “control of the owner” means, in relation to
the vehicle, that is being driven by the
owner or by a personal attendant of the
owner, in course of his employment or is
otherwise subject to the control of the
owner;
(e) "grievous injury" means an injury to any
person which consists of a physical
condition that creates a substantial risk of
death, serious personal disfigurement, or
permanent disablement, or protracted loss
or impairment of the function of any bodily
member or organ;
(f) "hit and run motor accident" means an
accident arising out of the use of a motor
vehicle or motor vehicles the identity
whereof cannot be ascertained in spite of
reasonable efforts for the purpose;
(g) “hospital” means an institution, (not being
an institution carried on for profit) which
provides medical or surgical treatment to
in-patients and out-patients;
Proposed a
new law to
replace the
MVO 1983
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
(h) “Insurance Regulatory Authority” means
the Insurance Development and
Regulatory Authority constituted under the
provisions of the Insurance Development
and Regulatory Authority Act, 2010 (Act
12 of 2010);
(i) “insured” means covered by a policy of
insurance issued under section 313 or by
such securities as provided under section
314, as the case may be;
(j) “insurer” includes a person giving security;
(k) "liability", wherever used in relation to the
death of or bodily injury to any person,
includes liability in respect thereof under
section 328;
(l) “policy of insurance” includes certificate of
insurance;
(m) "property" includes goods carried in the
motor vehicle, roads, bridges, culverts,
cause ways, trees, posts and mile stones
and any other property of the third party;
(n) "reciprocating country" means any such
country as may on the basis of reciprocity
be notified by the Government in the
Official Gazette to be a reciprocating
country for the purposes of this Chapter;
(o) “security” means such security as given
under section 314 and includes a
certificate of security thereof;
(p) "third party" includes the Government;
(q) “use” means use on any road or in a
public place; and
(r) "victim" means a person who has been
grievously injured as a result of an
accident, arising out of the use of a motor
vehicle or motor vehicles or as a result of
any traffic-related offence, committed by
another person, or the spouse, parent,
child, sibling or representative of a person
killed or grievously injured as a result of an
accident, arising out of the use of a motor
vehicle or motor vehicles or as a result of
any traffic-related offence committed by
another person.
(2) In any provisions of this Chapter, any
references relating to the surrender, or the
loss or destruction, of a certificate of
insurance or certificate of security, shall-
(a) in relation to policies or securities under
which more than one certificate is issued,
be construed as references to all the
certificates; and
(b) where any copy has been issued of any
certificate, be construed as including a
reference to that copy.
(3) In relation to securities having effect for
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
109. Necessity for insurance
against third party risk
(1) No person shall use except as a
passenger or cause or allow any other
person to use a motor vehicle in a
public place, unless there is in force in
relation to the use of the vehicle by
that person or that other person, as
the case may be, a policy of
insurance complying with the
requirements of this Chapter.
Explanation. A person driving a
motor vehicle merely as a paid
employee, while there is in force in
relation to the use of the vehicle no
such policy as is required by this sub
section, shall not be deemed to act in
contravention of the sub section
unless he knows or has reason to
believe that there is no such policy in
force.
(2) Sub section (1) shall not apply to
any motor vehicle owned by or on
behalf of the Government other than
the motor vehicles used for
Government purposes connected with
any commercial enterprises:
Provided that the Government shall
establish and maintain a fund in
the purposes of this Chapter, in any
provisions of this Chapter, any references
relating to-
(a) the certificate of insurance, the policies of
insurance, the insurer or the persons
being insured or insured; unless
specifically mentioned otherwise,
shall apply, and shall be construed
respectively as references to the having in
force of the security-
(b) to the certificte of security, the security,
the giver of the security and the persons
whose liability is being covered or covered
by the security;
as they apply in relation to-
(c) the certificate of insurance, the policies of
insurance, the insurer or the persons
being insured or insured, and such other
related matters.
(4) The provisions of this Chapter shall have
effect notwithstanding anything contained
in any other provision of this Act or of any
other law for the time being in force.
(5) For the purposes of this Chapter,"Claims
Tribunal" means a Claims Tribunal
constituted under section 343 and "award"
means an award made by that Tribunal
under section 346 or by any other
competent court having jurisdiction in the
matter.
312. Requirements of insurance against
third party risks._
(1) No person shall use or cause or permit or
allow any other person to use a motor
vehicle, other than an invalid carriage and
such other vehicle(s) exempted by the
Government, on a road or in a public
place, unless there is in force in relation to
the use of the vehicle by that person or
that other person, as the case may be, a
policy of insurance or such a security in
respect of third party risks, as complying
with the requirements of this Chapter.
(2) Any person, who contravenes sub-section
(1), shall be guilty of an offence:
Provided that no person shall be charged
or convicted under this section if he
proves-
(a) that he is neither the owner of the vehicle
nor it is in his possession under a contract
of hiring or of loan; or
(b) that he is a person driving the vehicle
merely as a paid employee; or
(c) that he was using the vehicle in the course
of his employment; or
(d) that he neither knew nor had reason to
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accordance with the rules made in
that behalf under this Ordinance for
meeting any liability arising out of the
use of any of its vehicle or any person
in its employment may incur to third
parties or to indemnify any damage to
property of a third party or, the death
or bodily injury of any person caused
by or arising out of the use of an
unidentified motor vehicle.
(3) The Government may by order
exempt from the operation of sub
section (1) any motor vehicle owned
by any of the following authorities,
namely:-
(a) the Government, if the vehicle is
used for Government purposes
unconnected with any commercial
enterprises;
(b) any local authority;
(c) Bangladesh Road Transport
Corporation:
Provided that no such order shall be
made in relation to any such authority
unless a fund has been established
and is maintained by that authority in
accordance with the rules made in
that behalf under this Ordinance for
meeting any liability arising out of the
use of any vehicles of that authority or
any person in its employment may
incur to third parties.
155. Driving uninsured vehicle
Whoever drives a motor vehicle or
causes or allows a motor vehicle to be
driven in contravention of the
provisions of section 109 shall be
punishable with 156 [ fine which may
extend to two thousand Taka.]
, section 312
believe that there was not in force in
relation to the use of the vehicle no such
policy or security as is required by subsection
(1).
(3) Sub-section (1) shall not apply to-
(a) any motor vehicle owned by or on behalf
of the Government other than the motor
vehicles used for providing public service
or for Government purposes connected
with any commercial enterprises:
Provided that the Government shall
establish and maintain a fund in
accordance with the rules or regulations
made in that behalf under this Act:
(i) for meeting any liability arising out of the
use of any of its vehicle or any person in
its employment may incur to third parties;
and
(ii) to indemnify any damage to property of a
third party; and
(b) any vehicle declared permanently
incapable of use by a competent authority
when the same is being driven to or from
any place for salvage purposes; and
(c) any vehicle, if, in lieu of the policy of
insurance or the security, as aforesaid in
sub-section (1), the owner or the person
who stands security for him/her, deposits
and keeps deposited in the prescribed
manner, a pescribed sum of money, with
the Accountant-General of Bangladesh, to
make good any liabilities, as is required to
be covered under this Act, at any time,
when the vehicle is being driven by the
owner him/her self, or by an employee of
the owner, in the course of his/her
employment or is otherwise subject to the
control of the owner.
(4) The Government may by order exempt
from the operation of sub-section (1) any
motor vehicle owned by any of the
following authorities, namely:-
(a) the Government, if the vehicle is used for
Government purposes unconnected with
any commercial enterprises;
(b) any local authority responsible for local
government or any public body, except to
a public service vehicle or a vehicle used
for any commercial purposes;
(c) any education authority or any voluntary
organization, except a vehicle used for
hire or reward or for any commercial
purposes; and
(d) Bangladesh Road Transport Corporation,
except to a public service vehicle:
Provided that no such order shall be made
in relation to any such authority or
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110. Requirements of policies and
limits of liability
(1) In order to comply with the
requirements of this Chapter a policy
of insurance must be a policy which-
(a) is issued by a person who is an
authorised insurer or by a co
operative society allowed under
section 125 to transact the business
of an insurer, and
(b) insures the persons or clases of
persons specified in the policy to the
extent as may be prescribed from
time to time-
(i) against any liability which may be
incurred by him in respect of the
death or bodily injury to any person or
damage to any property of a third
party caused by or arising out of the
use of the vehicle in a public place;
(ii) against the death or bodily injury to
any passengers of a public service
vehicle caused by or arising out of the
use of the vehicle in a public place:
Provided that a policy shall not be
required-
(i) to cover liability in respect of the
death, arising out of and in the course
of his employment, of the employee of
a person insured by the policy or in
respect of bodily injury sustained by
such an employee arising out of and
in the course of his
employment, other than a liability
arising under the Workmen's
Compensation Act, 1923 (VIII of
1923), in respect of the death of, or
bodily injury to, any such employee-
(a) engaged in driving the vehicle, or
(b) if it be a public service vehicle,
engaged as a conductor of the vehicle
or in examining tickets on the vehicle,
or
(c) if it be a goods vehicle, being
carried in the vehicle, or
(ii) except where the vehicle is a
vehicle in which passengers are
carried for hire or reward or by reason
of or in pursuance of a contract of
employment, to cover liability in
respect of the death of or bodily injury
to persons being carried in or upon or
organization, unless a fund has been
established and is maintained by that
authority or organization in accordance
with the rules or regulation made in that
behalf under this Act for meeting any
liability arising out of the use of any
vehicles of that authority or organization or
any person in its employment may incur to
third parties.
313. Requirements of policies and limits of
liability._
(1) In order to comply with the requirements
of this Chapter, a policy of insurance must
be a policy which-
(a) is issued by a person, who is an
authorised insurer, defined under section
311, or by a co-operative society, allowed
under section 334, to transact the
business of an insurer; and
(b) insures such person, persons or classes
of person as may be specified in the
policy, to the extent as may be prescribed
from time to time-
(i) against any liability, which may be
incurred by him or them, in respect of the
death or bodily injury, to any person
including his hospital, medical and
rehabilitation cost, plus the lost income,
and damage to any property of a third
party, caused by or arising out of the use
of the vehicle on a road or in a public
place; and
(ii) against the death or bodily injury, to any
person carried on or in such motor vehicle,
including the passengers of a public
service vehicle, caused by or arising out of
the use of the vehicle on a road or in a
public place; and
(iii) against any liability, which may be
incurred by him or them, in respect of the
use of the vehicle in any of the
reciprocating country according to the law
on compulsory third party risks insurance
of the country where the liability may be
incurred.
(2) A policy shall not be required to cover-
(i) liability in respect of the death, or bodily
injury sustained, by an employee of a
person, insured by the policy, arising out
of and in the course of employment of
such an employee, other than a liability
arising under the Bangladesh Labour Act,
2006 (Act No 42 of 2006), in respect of the
death of, or bodily injury to, any such
employee;
(ii) a person engaged in driving the vehicle; or
(iii) if it be a public vehicle, a person engaged
Modiied
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CHAPTER -XIX
entering or mounting or alighting from
the vehicle at the time of the
occurrence of the event out of which a
claim arises, or
(iii) to cover any contractual liability.
Explanation. For the removal of
doubts, it is hereby declared that the
death of, or bodily injury to, any
person or damage to any property of
a third party shall be deemed to have
been caused by or to have arisen out
of the use of a vehicle in a public
place, notwithstanding that the person
who is dead or injured or the property
which is damaged was not in a public
place at the time of the accident, if the
act or omission which led to the
accident occurred in a public place.
(2) A policy shall be of no effect for
the purposes of this Chapter unless
and until there is issued by the insurer
in favour of the person by whom the
policy is effected a certificate of
insurance in the prescribed form and
containing the prescribed particulars
of any conditions subject to which the
policy is issued and of any other
prescribed matters; and different
forms, particulars and matters may be
prescribed in different cases.
(3) Where a cover note issued by the
insurer under the provision of this
Chapter or the rules made thereunder
is not followed by a policy of
insurance within the prescribed time,
the insurer shall, within seven days of
the expiry of the period of the validity
of the cover note, notify the fact to the
registering authority in whose records
the vehicles to which the cover note
relates has been registered or to such
other authority as the 102 [ Authority]
may prescribe.
(4) Notwithstanding anything
elsewhere contained in any law, a
person issuing a policy of insurance
under this section shall be liable to
indemnify the person or classes of
person specified in the policy in
respect of any liability which the policy
purports to cover in the case of that
person or those classes of person.
as a conductor of the vehicle or in
examining tickets on the vehicle; or
(iv) if it be a goods vehicle, persons being
carried in or upon the vehicle, or
(v) except where the vehicle is a vehicle in
which passengers are carried for hire or
reward or by reason of or in pursuance of
a contract of employment, to cover liability
in respect of the death of or bodily injury to
persons being carried in or upon or
entering or mounting or alighting from the
vehicle at the time of the occurrence of the
event out of which a claim arises, or
(vi) liability in respect of damage to the
vehicle;
(vii) any worker; or
(viii) any contractual liability.
Explanation._
(a) For the purposes of this section,
references to a person being carried in or
upon a motor vehicle include references to
a person entering or getting on to, or
alighting from, the motor vehicle, and the
reference to an antecedent agreement is
to one made at any time before the liability
arose; and
(b) For the removal of doubts, it is hereby
declared that the death of, or bodily injury
to, any person or damage to any property
of a third party shall be deemed to have
been caused by or to have arisen out of
the use of a vehicle in a public place,
notwithstanding that the person who is
dead or injured or the property which is
damaged was not in a public place at the
time of the accident, if the act or omission
which led to the accident occurred in a
public place.
(3) A policy under this Chapter shall not be
issued in respect of a motor vehicle, if, the
certificate of fitness of the vehicle for
which the policy is required is not in force
unless the vehicle is a new one or
otherwise exempted from the certificate of
fitness under this Act.
(4) A policy shall be of no effect for the
purposes of this Chapter unless and until
there is issued by the insurer in favour of
the person by whom the policy is effected
a certificate of insurance in the prescribed
form and containing the prescribed
particulars of any conditions subject to
which the policy is issued and of any other
prescribed matters; and different forms,
particulars and matters may be prescribed
in different cases or circumstances.
(5) Where a cover note issued by the insurer
under the provision of this Chapter or the
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CHAPTER -XIX
regulations made there under is not
followed by a policy of insurance within the
prescribed time, the insurer shall, within
seven days of the expiry of the period of
the validity of the cover-note, notify the
fact to the registering authority in whose
records the vehicle to which the covernote
relates has been registered or to
such other authority as the Authority may
prescribe.
(6) Notwithstanding anything elsewhere
contained in any law, a person issuing a
policy of insurance under this section or a
security under section 314, shall be liable
to indemnify the person or classes of
person specified in the policy or in the
security, in respect of any liability which
the policy or the security purports to cover
in the case of that person or those classes
of persons.
(7) Where any payment is made (whether or
not with any admission of liability) by, an
authorized insurer or the owner of a motor
vehicle, under or in consequence of a
policy or a security, issued under this
Chapter, or the owner of a motor vehicle
who has made a deposit under subsection
(3) of section 315, in respect of
the death of or bodily injury to any person,
arising out of the use of a motor vehicle on
a road or in a public place, and the person
who has so died or been bodily injured
has, to the knowledge of the authorized
insurer or such owner, as the case may
be, received treatment at a hospital,
whether as an in-patient or as an outpatient,
in respect of the injury so arising,
there shall also be paid by the authorized
insurer or such owner to such hospital the
expenses reasonably incurred by the
hospital in affording such treatment, after
deducting from such expenses any
moneys actually received by the hospital
in payment of a specific charge for such
treatment:
Provided that the amount to be paid by the
authorized insurer or such owner, shall not
exceed the amount prescribed, for each
person so treated as an in-patient or for
each person so treated as an out-patient
Explanation._ For the purposes of this
sub-section the expression-
(a) "expenses reasonably incurred" means-
(i) in relation to a person who receives
treatment at a hospital as an in-patient an
amount for each day such person is
maintained in such hospital representing
the average daily cost for each in-patient
of the maintenance of the hospital and the
staff thereof and the maintenance and
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(ii)
treatment of the in-patients therein:
provided that in respect of a Government
hospital which admits paying patients,
"expenses reasonably incurred" means
the amount chargeable to a member of the
general public, in a ward of the class
occupied by the person who received
treatment, in accordance with the scale of
fees from time to time in force at such
hospital; and
in relation to a person who receives
treatment at a hospital as an out-patient,
reasonable expenses actually incurred.
314. Requirements in respect of securities._
(1) In order to comply with the requirements
of this Chapter, a security must-
(a) be provided, either by an authorised
insurer or by some other body of persons,
approved or authorized by the
Government under any law for the time
being in force, which carries on in
Bangladesh, the business of giving
securities of a like kind; and
(b) consist of an undertaking, by the provider
of the security to make good, the amount
prescribed for a particular type of motor
vehicle, subject to such conditions as may
be prescribed; and any failure by the
owner of the vehicle or such other person
or class of persons as may be specified in
the security to discharge any such liability
as is required to be covered by a policy of
insurance under section 313 which may
be incurred by him or by them.
(2) A security shall be of no effect for the
purpose of this Chapter, unless there is
issued by the person giving the security to
the person to whom it is given a certificate
(in this Act referred to as a "certificate of
security") in the prescribed form and
containing such particulars of any
conditions subject to which the security is
issued and of any other matters as may be
prescribed, and different forms and
different particulars may be prescribed in
relation to different cases or
circumstances.
(3) The provisions of this Act shall apply, in
relation to securities having effect for the
purposes of this Act, as they apply in
relation to policies of insurance.
315. Certain conditions to policies or
securities to be of no effect._
(1) Any condition in a policy or security issued
or given for the purposes of this Chapter,
providing that no liability shall arise under
the policy or security, or that any liability
Inserted new
Inserted new
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so arising shall cease, in the event of
some specified thing being done or
omitted to be done, after the happening of
the event giving rise to a claim under the
policy or security, shall be of no effect, in
connection with such liabilities, as are
required to be covered by a policy
mentioned in clause (b) of subsection (1)
of section 313:
Provided that nothing in this section shall
be taken to render void any provision in a
policy or security, requiring the person
insured or secured to repay to the insurer
or the provider of the security, any sums
which the latter may have become liable to
pay under the policy or security, and which
have been applied to the satisfaction of
the claims of third parties.
316. Effect of restrictions on the scope of
insurance or security against third
party risks._
Where a certificate of insurance under subsection
(4) of section 313, or a certificate of
security under sub-section (2) of section 314,
has been issued, and the person by whom a
policy or a security has been effected, so much
of the policy or security as purports to restrict
the insurance of the persons insured or secured
thereby by reference to any of the following
matters:
(a) the age or physical or mental condition of
persons driving the motor vehicle;
(b) the condition of the motor vehicle;
(c) the number of persons that the motor
vehicle carries;
(d) the weight or physical characteristics of
the goods that the motor vehicle carries;
(e) the times at which or the areas within
which the motor vehicle is used;
(f) the horse-power or cylinder capacity or
value of the motor vehicle;
(g) the carriage on the motor vehicle of any
particular apparatus;
(h) the carrying on the motor vehicle of any
particular means of identification other
than any means of identification required
to be carried under Chapter VI;
(i) the driver of the motor vehicle at the time
of the accident being under the influence
of intoxicating liquor or of a drug;
(j) the driver of the motor vehicle at the time
of the accident not holding a licence to
drive or not holding a licence to drive the
particular motor vehicle;
(k) the motor vehicle being used for a
purpose other than the purpose stated in
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111. No fault liability
(1) Notwithstanding anything
contained in this Ordinance or in any
other law for the time being in force,
the victim of a motor accident or his
heir as the case may be, shall be
entitled to get compensation from the
insurer or, in absence of valid
insurance policy, from the owner of
the motor vehicle involved in the
accident such amounts as may be
prescribed under clause (b) of sub
section (1) of section 110 in respect of
death, permanent disablement or loss
of any limbs or any other injury to the
victim of the motor accident.
(2) If the insurer or owner of the motor
vehicle concerned fails to pay the
compensation under sub section (1)
within thirty days of the demand made
to him in this behalf in writing by the
victim or his heir, as the case may be,
the policy;
shall, as respects such liabilities as are
required to be covered by a policy or
security under paragraph (b) of subsection
(1) of section 313, be of no effect:
Provided that nothing in this section shall
require an insurer or the giver of a security
to pay any sum in respect of the liability of
any person otherwise than in or towards
the discharge of that liability; and any sum
paid by an insurer or the giver of a security
in or towards the discharge of any liability
of any person which is covered by the
policy or security by virtue only of this
section shall be recoverable by the insurer
or giver of the security from that person.
317. Validity of policies of insurance issued
in reciprocating countries._
Where, in pursuance of an agreement
between Bangladesh and any
reciprocating country, the motor vehicle
registered in the reciprocating country
operates on any route or within any area,
common for use by both countries and
there is in force in relation to the use of the
vehicle in the reciprocating country, a
policy of insurance complying with the
requirements of the law of insurance in
force in that country, then, notwithstanding
anything contained in section 316 but
subject to any regulations which may be
made under section 350, such policy of
insurance shall be effective throughout the
route or area in respect of which, the
agreement has been made, as if the policy
of insurance had complied with the
requirements of this Chapter.
318. No fault liability._
(1) Where death or grievous injury to any
person has resulted from an accident
arising out of the use of a motor vehicle or
motor vehicles, the owner of the vehicle
shall, or, as the case may be, the owners
of the vehicles shall, jointly and severally,
be liable to pay compensation in respect
of such death or grievous injury in
accordance with the provisions of this
section.
(2) The amount of compensation which shall
be payable under sub-section (1), in
respect of the death or grievous injury of
any person shall be such sum as may be
prescribed, in this behalf from time to time,
under clause (b) of sub-section (1) of
section 313 in respect of death or grievous
injury or any other injury.
(3) In any claim for compensation under subsection
(1), the claimant shall not be
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
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the compensation may be recovered
as a public demand.
112. Duty of insurers to satisfy
judgements against persons
required to plead and establish that the
death or grievous injury in respect of
which the claim has been made was due
to any wrongful act, neglect or default of
the owner or owners of the vehicle or
vehicles concerned or of any other person.
(4) A claim for compensation under subsection
(1) shall not be defeated by reason
of any wrongful act, neglect or default of
the person in respect of whose death or
grievous injury, the claim has been made
nor shall the quantum of compensation
recoverable in respect of such death or
grievous injury, be reduced on the basis of
the share of such person in the
responsibility for such death or grievous
injury.
(5) Notwithstanding anything contained in
sub-section (2) regarding death or bodily
injury to any person, for which the owner
of the vehicle is liable to give
compensation for relief, he is also liable to
pay compensation under any other law for
the time being in force.
(6) Nothing in this section shall curtail the
right of a person to claim compensation
under any other provision of this Act or of
any other law for the time being in force,
except the right to claim under sections
336 and 337.
(7) A claim for compensation under this
section, and also in pursuance of any
right, under any other provision of this Act,
or of any other law for the time being in
force, in respect of death or grievous injury
or any other injury of any person, even if
made simultaneously, to the same person
or body, the claim for compensation under
this section, shall be disposed of as
expeditiously as possible, and in the first
place.
(8) Notwithstanding anything contained in this
Act or in any other law for the time being
in force, the victim of a motor accident or
his heir as the case may be, shall be
entitled to get compensation from the
insurer or, in absence of valid insurance
policy, from the owner of the motor
vehicle(s) involved in the accident.
(9) If, the insurer or owner of the motor
vehicle concerned fails to pay the
compensation under this section, within
thirty days of the demand made to him in
this behalf in writing by the victim or his
heir, as the case may be, the
compensation may be recovered as a
public demand.
319. Duty of insurers or persons giving
security to satisfy judgments against
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
insured in respect of third party
risks
(1) If, after a certificate of insurance
has been issued under sub section (2)
of section 110 in favour of the person
by whom a policy has been effected,
judgement in respect of any such
liability as is required to be covered by
a policy under clause (b) of sub
section (1) of section 110 being a
liability covered by the terms of the
policy is obtained against any person
insured by the policy, then,
notwithstanding that the insurer
may be entitled to avoid or cancel or
may have avoided or cancelled the
policy, the insurer shall, subject to the
provisions of this section, pay to the
person entitled to the benefit of the
decree any sum not exceeding the
sum assured payable thereunder as if
he were the judgement debtor, in
respect of the liability, together with
any amount payable in respect of
costs and any sum payable in respect
of interest on that sum by virtue of any
enactment relating to interest on
judgements.
(2) No sum shall be payable by an
insurer under sub section (1) in
respect of any judgement unless
before or after the commencement of
the proceedings in which the
judgement is given the insurer had
notice through the Court of the
bringing of the proceedings, or in
respect of any judgement so long as
execution is stayed thereon pending
an appeal; and an insurer to whom
notice of the bringing of any such
proceedings is so given shall be
entitled to be made a party thereto
and to defend the action on any of the
following grounds, namely:-
(a) that the policy was cancelled by
mutual consent or by virtue of any
provision contained therein before the
accident giving rise to the liability, and
that either the certificate of insurance
was surrenderd to the insurer or that
the person to whom the certificate
was issued has made an affidavit
stating that the certificate has been
lost or destroyed, or that either before
or not later than fourteen days after
the happening of the accident the
insurer has commenced proceedings
for cancellation of the certificate after
compliance with the provisions of
section 122; or
(b) that there has been a breach of a
specified condition of the policy, being
persons insured or secured in respect
of third party risks._
(1) If, after a certificate of insurance under
sub-section (4) of section 313, or a
certificate of security under sub-section (2)
of section 314, has been issued, in favour
of the person by whom a policy or a
security has been effected, judgment or
award in respect of any such liability, as is
required under clause (b) of sub-section
(1) of section 313, being a liability to be
covered by the terms of the policy or the
security, to which the certificate relates, is
obtained against any person insured by
the policy or whose liability is covered by
the security, as the case may be, then,
notwithstanding that the insurer may be
entitled to avoid or cancel or may have
avoided or cancelled the policy or the
security, the insurer shall, subject to the
provisions of this section, pay to the
persons entitled to the benefit of the
decree, any sum not exceeding the sum
assured payable there under in respect of
the liability (other than an excluded
liability), together with any amount payable
in respect of costs and any sum payable in
respect of interest on that sum by virtue of
any enactment relating to interest on
judgments.
(2) In deciding for the purposes of subsection
(1), whether a liability is or would be
covered by the terms of a policy or
security, so much of the policy or security
as purports to restrict, as the case may be,
the insurance of the persons insured by
the policy or covered by the security, by
reference to the holding by the driver of
the vehicle of a license authorizing him to
drive it shall be treated as of no effect.
(3) In sub-section (1)-
(a) “excluded liability” means a liability in
respect of the death of, or bodily injury to,
or damage to the property of any person
who, at the time of the use which gave rise
to the liability, was allowing himself to be
carried in or upon the vehicle and knew or
had reason to believe that the vehicle had
been stolen or unlawfully taken, not being
a person who-
(i) did not know and had no reason to believe
that the vehicle had been stolen or
unlawfully taken until after the
commencement of his journey; and
(ii) could not reasonably have been expected
to have alighted from the vehicle; and
(b) in this sub-section in clause (a), the
reference to a person being carried in or
upon a vehicle includes a reference to a
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one of the following conditions,
namely-
(i) a condition excluding the use of the
vehicle-¬
(a) for hire or reward, where the
vehicle is on the date of the contract
of insurance a vehicle not covered by
a permit to ply for hire or reward, or
(b) for organised racing and speed
testing, or
(c) for a purpose not allowed by the
permit under which the vehicle is
used, where the vehicle is a transport
vehicle, or
(d) without side car being attached,
where the vehicle is a motor cycle; or
(ii) a condition excluding driving by a
named person or persons or by any
person is not duly licensed, or by any
person who has been disqualified for
holding or obtaining a driving licence
during the period of disqualification; or
(iii) a condition excluding liability, for
injury caused or contributed to by
condition of war, riot or civil
commotion; or
(c) that the policy is void on the
ground that it was obtained by the non
disclosure of a material fact or by a
representation of fact which was false
in some material particular.
(3) Where a certificate of insurance
has been issued under sub section (2)
of section 110 to the person by whom
a policy has been effected, so much
of the policy as purports to restrict the
insurance of the persons insured
thereby by reference to any conditions
other than those in clause (b) of sub
section (2) shall, as respects such
liabilities as are required to be
covered by a policy under clause (b)
of sub section (1) of section 110, be of
no effect:
Provided that any sum paid by the
insurer in or towards the discharge of
any liability of any person which is
covered by the policy by virtue only of
this sub section shall be recoverable
by the insurer from that person.
(4) If the amount which an insurer
becomes liable under this section to
pay in respect of a liability incurred by
a person insured by a policy exceeds
the amount for which the insurer
would apart from the provisions of this
section be liable under the policy in
respect of that liability, the insurer
shall be entitled to recover the excess
from that person.
(5) In this section the expressions
“material fact” and “material particular”
person entering or getting on to, or
alighting from, the vehicle.
(4) No sum shall be payable by an insurer
under sub-section (1)-
(a) in respect of any judgment or award,
unless before or within seven days after
the commencement of the proceedings in
which the judgment or award was given,
the insurer had notice of the proceedings,
through the court or, as the case may be,
through the Claims Tribunal; or
(b) in respect of any judgment or award, so
long as execution thereon is stayed
pending an appeal;
and an insurer to whom notice of the
bringing of any such proceedings is so
given shall be entitled to be made a party
thereto and to defend the action on any of
the following grounds namely:-
a. that the policy or the security was
cancelled by mutual consent or by virtue
of any provision contained therein before
the accident giving rise to the liability; and
b. that before the happening of the accident,
the certificate of insurance was
surrendered to the insurer, or the person
to whom the certificate was issued has
made an affidavit stating that the
certificate has been lost or destroyed; or
c. after the happening of the accident, but
before the expiration of a period of
fourteen days from the happening of the
accident, the certificate was surrendered
to the insurer or the person to whom the
certificate was issued made such an
affidavit as aforesaid; or
d. that either before or not later than fourteen
days after the happening of the accident,
the insurer has commenced proceedings
for surrender of the certificate, after
compliance with the provisions of section
331; or
e. that there has been a breach of a
specified condition of the policy, being one
of the following conditions, namely._
(i) a condition excluding the use of the
vehicle -
(a) for hire or reward, where the vehicle is on
the date of the contract of insurance, a
vehicle not covered by a permit to ply for
hire or reward, or
(b) for organized racing and speed testing; or
(c) for a purpose not allowed by the permit
under which the vehicle is used, where the
vehicle is a transport vehicle, or
(d) without side-car being attached where the
vehicle is a motor cycle; or
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mean, respectively, a fact or particular
of such a nature as to influence the
judgement of a prudent insurer in
determining whether he will take the
risk and, if so, at what premium and
on what conditions, and the
expression “liability covered by the
terms of the policy" means a liability
which is covered by the policy or
which would be so covered but for the
fact that the insurer is entitled to avoid
or cancel or has avoided or cancelled
the policy.
(6) No insurer to whom the notice
referred to in sub section (2) has been
given shall be entitled to avoid his
liability to any person entitled to the
benefit of any such judgement as is
referred to in sub section (1)
otherwise than in the manner
provided for in sub section (2 ).
(ii)
(a)
(b)
(f)
a condition excludingthe
driving by a named person or persons
or by any person who is not duly licensed,
or by any person who has been
disqualified for holding or obtaining a
driving licence during the period of
disqualifications; or
the liability for injury caused or contributed
to by conditions of war, civil war,riot or civil
commotion; or
that the policy is void on the ground that it
was obtained by the non-disclosure of a
material fact or by a representation of fact
which was false in some material
particular.
(5) Where any such judgment as is referred to
in sub-section (1), is obtained from a Court
in a reciprocating country, and in the case
of a foreign judgment is, by virtue of the
provisions of section 13 of the Code of
Civil Procedure, 1908 (5 of 1908)
conclusive as to any matter adjudicated
upon by it, the insurer (being an insurer
registered under the Insurance Act, 2010
(Act 13 of 2010) and whether or not he is
registered under the corresponding law of
the reciprocating country) shall be liable to
the person entitled to the benefit of the
decree in the manner and to be the extent
specified in sub-section (1), as if the
judgment were given by a Court in
Bangladesh:
Provided that no sum shall be payable by
the insurer in respect of any such
judgment unless, before or within seven
days after the commencement of the
proceedings in which the judgment or
award is given, the insurer had notice of
the bringing of the proceedings and the
insurer to whom notice is so given is
entitled under the corresponding law of the
reciprocating country, to be made a party
to the proceedings and to defend the
action on grounds similar to those
specified in under sub-section (4).
(6) Where a certificate of insurance under
sub-section (4) of section 313 or a
certificate of security under sub-section
(2) of section 314 has been issued, to the
person by whom a policy or a security has
been effected, so much of the policy or the
security as purports to restrict the
insurance of the persons insured or
covered thereby, by reference to any
conditions other than those in clause (b) of
sub-section (4) shall, as respects such
liabilities as are required to be covered by
a policy or a security, under clause (b) of
sub-section (1) of section 313 be of no
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effect:
Provided that any sum paid by the insurer
in or towards the discharge of any liability
of any person which is covered by the
policy by virtue only of this sub-section
shall be recoverable by the insurer from
that person.
(7) If the amount which an insurer becomes
liable under this section to pay in respect
of a liability incurred by a person insured
by a policy or covered by a security,
exceeds the amount for which the insurer
would apart from the provisions of this
section be liable under the policy or the
security in respect of that liability, the
insurer shall be entitled to recover the
excess from that person.
(8) No sum shall be payable by an insurer
under subsection (1), if, before the date,
the liability was incurred, the insurer had
obtained a declaration from a court that
the insurance or the security was void or
unenforceable:
Provided that an insurer who has obtained
such a declaration as aforesaid in an
action shall not thereby become entitled to
the benefit of this subsection as respects
any judgement obtained in proceedings
commenced before the commencement of
that action unless, before or within seven
days after, the commencement of that
action, he has given notice thereof to the
person who is the plaintiff or pursuer in the
said proceedings specifying the grounds,
non-disclosure or false representation on
which he proposes to rely, and any person
to whom notice of such an action is so
given shall be entitled if he thinks fit to be
made a party thereto.
(9) No insurer to whom the notice referred to
in sub-section (4) or sub-section (5) has
been given shall be entitled to avoid his
liability to any person entitled to the benefit
of any such judgment or award as is
referred to in sub-section (1) or in such
judgment as is referred to in sub-section
(5) otherwise than in the manner provided
for in sub-section (4) or in the
corresponding law of the reciprocating
country, as the case may be.
(10) In this section the expressions-
(a) “insurer” includes a person giving a
security; and
(b) "material fact" and "material particular"
mean, respectively, a fact or particular of
such a nature as to influence the judgment
of a prudent insurer in determining
whether he will take the risk and, if so, at
what premium and on what conditions;
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113. Rights of third parties against
insurers on insolvency of the
insured
(1) Where under any contract of
insurance effected in accordance with
the provisions of this Chapter a
person is insured against liabilities
which he may incur to third parties
then-
(a) in the event of the person
becoming insolvent or making a
composition or arrangement with his
creditors, or
(b) where the insured person is a
company, in the event of a winding up
order being made or a resolution for a
voluntary winding up being passed
with respect to the company or of a
receiver or manager of the company's
business or undertaking being duly
appointed, or of possession being
taken by or on behalf of the holders of
any debentures secured by a floating
charge of any property comprised in
or subject to the charge, if, either
before or after that event, any such
liability is incurred by the insured
person, his rights against the insurer
under the contract in respect of the
liability shall, notwithstanding anything
to the contrary in any provision of law,
be transferred to and vest in the third
party to whom the liability was so
incurred.
(2) Where an order for the
administration of the estate of a
dcceased debtor is made according to
the law of insolvency, then, if any,
debt provable in insolvency is owing
by the deceased in respect of a
liability to a third party against which
he was insured under a contract of
insurance in accordance with the
provisions of this Chapter, the
deceased debtor's rights against the
insurer in respect of that liability shall,
notwithstanding anything to the
contrary in any provisions of law, be
transferred to and vest in the person
to whom the debt is owing.
(3) Any condition in a policy issued for
the purposes of this Chapter
purporting either directly or indirectly
(c)
and
"liability covered by the terms of the policy
or security" means a liability which is
covered by the policy or security of which
would be so covered but for the fact that
the insurer is entitled to avoid or cancel or
has avoided or cancelled the policy or
security.
320. Insolvency of the insured or secured
persons not to affect claims by third
parties._
(1) Where under any policy or security
effected in accordance with the provisions
of this Chapter, a person is insured or
secured against liabilities which he may
incur to third parties then-
(a) in the event of the insured or secured
person becoming insolvent or making a
composition or arrangement with his
creditors, or
(b) where the insured person is a company, in
the event of-
(i) a winding up order or an administration
order is made with respect to the
company; or
(ii) a resolution for a voluntary winding up is
passed with respect to the company; or
(iii) a receiver or manager of the company's
business or undertaking is duly appointed;
or
(iv) possession is taken by or on behalf of the
holders of any debentures secured by a
floating charge, of any property comprised
in or subject to the charge;
if either before or after that event any such
liability is incurred by the insured person,
his right against the insurer under the
policy or security in respect of the liability
shall, notwithstanding anything to the
contrary in any provision of law, be
transferred to and vest in the third party to
whom the liability was so incurred.
(2) Where an order for the administration of
the estate of a deceased debtor is made
according to the law of insolvency, then, if
any debt provable in insolvency is owing
by the deceased in respect of a liability to
a third party against which he was insured
or covered under a contract of insurance
or security in accordance with the
provisions of this Chapter, the deceased
debtor's rights against the insurer in
respect of that liability shall,
notwithstanding anything to the contrary in
any provisions of law, be transferred to
and vest in the person to whom the debt is
owing.
Modified
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to avoid the policy or to alter the rights
of the parties thereunder upon the
happening to the insured person of
any of the events specified in clause
(a) or clause (b) of sub section (1) or
upon the making of an order for the
administration of the estate of a
deceased debtor according to the law
of insolvency shall be of no effect.
(4) Upon a transfer under sub section
(1) or sub section (2) the insurer shall
be under the same liability to the third
party as he would have been to the
insured person, but-
(a) if the liability of the insurer to the
insured person exceeds the liability of
the insured person to the third party,
nothing in this Chapter shall affect the
rights of the insured person against
the insurer in respect of the excess,
and
(b) if the liability of the insurer to the
insured person is less than the liability
of the insured person to the third party
nothing in this Chapter shall affect the
rights of the third party against the
insured in respect of the balance.
114. Duty to give information as to
insurance
(1) No person against whom a claim
is made in respect of any liability
referred to in clause (b) of sub section
(1) of section 110 shall on demand by
or on behalf of the person making the
claim refuse to state whether or not
he was injured in respect of that
liability by any policy issued under the
provisions of this Chapter, or would
have been so injured if the insurer
(3) Any condition in a policy or security issued
for the purposes of this Chapter purporting
either directly or indirectly to avoid the
policy or security or to alter the rights of
the parties there under upon the
happening to the insured person of any of
the events specified in clause (a) or clause
(b) of sub-section (1) or upon the making
of an order for the administration of the
estate of a deceased debtor according to
the law of insolvency, shall be of no effect.
(4) Upon a transfer of rights, under subsection
(1) or sub-section (2), the insurer
shall, subject to the provisions of section
322, be under the same liability to the third
party as he would have been to the
insured person, but-
(a) if the liability of the insurer to the insured
person exceeds the liability of the insured
person to the third party, nothing in this
Chapter shall affect the rights of the
insured person against the insurer in
respect of the excess; and
(b) if the liability of the insurer to the insured
person is less than the liability of the
insured person to the third party, nothing
in this Chapter shall affect the rights of the
third party against the insured person, in
respect of the balance.
(5) For the purposes of this section and
sections 321 and 322, the expression
"liabilities to third parties" in relation to a
person insured under any policy of
insurance or security, shall not include any
liability of that person in the capacity of
insurer under some other policy of
insurance or security.
(6) This section and sections 321 and 322
shall not apply-
(a) where a company is wound up voluntarily
merely for the purposes of reconstruction
or of amalgamation with another company;
or
(b) to any case to which subsections (1) and
(2) of section 162 of the Bangladesh
Labour Act 2006 (Act 42 of 2006), apply.
321. Duty to give information as to
insurance or security._
(1) Any person against whom a claim is made
in respect of any liability referred to in
clause (b) of sub-section (1) of section 313
shall, on demand by or on behalf of the
person making the claim-
(a) state whether or not, in respect of that
liability-
(i) he was insured by a policy or covered by a
security issued under the provisions of this
Modified
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had not avoided or cancelled the
policy, nor shall he refuse, if he was
or would have been so injured, to give
such particulars with respect to that
policy as were specified in the
certificate of insurance issued in
respect thereof.
(2) In the event of any person
becoming insolvent or making a
composition or arrangement with his
creditors or in the event of an order
being made for the administration of
the estate of a deceased person
according to the law of insolvency, or
in the event of a winding up order
being made or a resolution for a
voluntary winding up being passed
with respect to any company or of a
receiver or manager of the company's
business or undertaking being duly
appointed or of possession being
taken by or on behalf of the holders of
any debentures secured by a floating
charge on any property comprised in
or subject to the charge, it shall be the
duty of the insolvent debtor, personal
representative of the decased debtor
or company, as the case may be, or
the official assignee or receiver in
insolvency, trustee, liquidator,
receiver or manager, or person in
possession of the property to give at
the request of any person claiming
that the insolvent debtor, deceased
debtor or company is under such
liability to him as is covered by the
provisions of this Chapter, such
information as may reasonably be
required by him for the purpose of
ascertaining whether any rights have
been transferred to and vested in him
by section 113, and for the purpose of
enforcing such rights, if any, and any
such contract of insurance as purport
whether directly or indirectly to avoid
the contract or to alter the rights of the
parties thereunder upon the giving of
such information in the events
aforesaid, or otherwise to prohibit or
prevent the giving thereof in the said
events, shall be of no effect.
(3) If, from the information given to
any person in pursuance of subsection
(2) or otherwise, he has
reasonable ground for supposing that
there have or may have been
transferred to him under this Chapter
rights against any particular insurer,
that insurer shall be subject to the
same duty as is imposed by the said
sub-section on the person therein
mentioned.
Chapter, having effected in respect of that
liability, or
(ii) he would have been so insured or would
have had in force such a securiy, if the
insurer or, as the case may be, the giver
of the security, had not avoided or
cancelled the policy or security; and
(b) if he was or would have been so insured,
or had or would have had in force such a
security-
(i) give such particulars with respect to that
policy or security as were specified in the
certificate of insurance or security issued
in respect of that policy or security thereof,
under sub-section (4) of section 313 or
under sub-section (2) of section 314 as
the case may be; or
(ii) where no such certificate was issued
under that section, give the following
particulars, that is to say, the registration
mark or other identifying particulars of the
vehicle concerned, the number or other
identifying particulars of the insurance
policy or the security issued in respect of
the vehicle, the name of the insurer or the
security giver, and the period of the
insurance or security cover.
(2) In the event of-
(a) any person becoming insolvent or making
a composition or arrangement with his
creditors; or
(b) an order being made for the administration
of the estate of a any person according to
the law of insolvency; or
(c) a winding up order being made or a
resolution for a voluntary winding up being
passed with respect to any company; or
(d) a receiver or manager of the company's
business or undertaking being duly
appointed; or
(e) possession being taken by or on behalf of
the holders of any debentures secured by
a floating charge on any property
comprised in or subject to the charge;
it shall be the duty of the-
(i) insolvent debtor; or
(ii) personal representative of the deceased
debtor or company; and, as the case may
be,
(iii) official assignee or receiver in insolvency,
trustee, liquidator, receiver or manager, or
person in possession of the property;
to give at the request of any person
claiming that the insolvent debtor,
deceased debtor or company is under
such liability to him as is covered by the
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(4) The duty to give the information
imposed by this section shall include
a duty to allow all contracts of
insurance, receipts for premiums, and
other relevant documents in the
possession or power of the person on
whom the duty is so imposed to be
inspected and copies thereof to be
taken.
115. Settlement between insurers
and insured persons
(1) No settlement made by an insurer
in respect of any claim which might be
made by a third party in respect of
any liability of the nature referred to in
clause (b) of sub section (1) of section
110 shall be valid unless such third
party is a party to the settlement.
(2) Where a person who is insured
under a policy issued for the purposes
of this Chapter has become insolvent,
or where, if such insured person is a
company, a winding up order has
been passed with respect to the
company no agreement made
between the insurer and the insured
person after liability has been incurred
to a third party and after the
commencement of the insolvency or
winding up, as the case may be, nor
provisions of this Chapter, such
information as may reasonably be
required by him for the purpose of
ascertaining whether any rights have been
transferred to and vested in him under this
Chapter, and for the purpose of enforcing
such rights, if any, and any such contract
of insurance or security in so far as it
purports, whether directly or indirectly to
avoid the contract or security or to alter
the rights of the parties there under upon
the giving of such information in the
events aforesaid, or otherwise to prohibit
or prevent the giving thereof in the said
events, shall be of no effect.
(3) If, from the information given to any
person in pursuance of sub-section (2) or
otherwise, discloses reasonable ground
for supposing that there have or may have
been transferred to him under this Chapter
rights against any particular insurer, that
insurer shall be subject to the same duty
as is imposed by the said sub-section on
the person therein mentioned.
(4) The duty to give the information imposed
by this section shall include a duty to allow
all contracts of insurance or security,
receipts for premiums, and other relevant
documents in the possession or power of
the person on whom the duty is so
imposed to be inspected and copies
thereof to be taken.
(5) Any person, who, without reasonable
excuse, fails to comply with the provisions
of sub-section (1), or wilfully makes any
false or misleading statement, in reply to
any such demand, as is reffered to in that
sub-section; he shall be guilty of an
offence.
322. Settlement between insurers and
insured persons._
(1) No settlement made by an insurer in
respect of any claim which might be made
by a third party in respect of any liability of
the nature referred to in clause (b) of subsection
(1) of section 313 shall be valid
unless such third party is a party to the
settlement.
(2) A policy or a security issued under this
Chapter shall remain in force and
available for third parties, not withstanding
the death of any person insured or
secured under clause (b) of sub-section
(1) of section 313, as if such insured
person were still alive.
(3) Where a person who is insured under a
policy or secured under a security given,
for the purposes of this Chapter has
become insolvent, or where, if such
Modified
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any waiver, assignment or other
disposition made by or payment made
to the insured person after the
commencement aforesaid shall be
effective to defeat the rights
transferred to the third party under
this Chapter, but those rights shall be
the same as if no such agreement,
waiver, assignment or disposition or
payment has been made.
116. Saving in respect of sections
113, 114 and 115
(1) For the purposes of sections 113,
114 and 115, a reference to “liabilities
to third parties” in relation to a person
insured under any policy of insurance
shall not include a reference to any
liability of that person in the capacity
of insurer under some other policy of
insurance.
(2) The provisions of sections 113,
114 and 115 shall not apply where a
company is wound up voluntarily
merely for the purposes of
reconstruction or of an amalgamation
with another company.
insured person is a company, a winding
up order has been made or a resolution
for a voluntary winding-up has been
passed with respect to the company, no
agreement made between the insurer and
the insured person after liability has been
incurred to a third party and after the
commencement of the insolvency or
winding up, as the case may be, nor any
waiver, assignment or other disposition
made by, or payment made to the insured
person after the commencement
aforesaid, shall be effective to defeat or
affect the rights transferred to the third
party under this Chapter, but those rights
shall be the same as if no such
agreement, waiver, assignment or
disposition or payment had been made.
323. Saving in respect of sections 320, 321
and 322._
(1) For the purposes of sections 320, 321 and
322, a reference to "liabilities to third
parties" in relation to a person insured
under any policy of insurance or covered
under a security, shall not include a
reference to any liability of that person in
the capacity of insurer under some other
policy of insurance or security.
(2) The provisions of sections 320, 321 and
322 shall not apply where a company is
wound up voluntarily merely for the
purposes of reconstruction or of an
amalgamation with another company.
324. Deposits._
(1) Where a person has deposited a
prescribed sum of money, with the
Accountant General of Bangladesh, under
clause (c) of sub-section (3) of section 312
of this Act, then, so long as, any liabilities
incurred by him, being such liabilities as
are required to be covered by a policy of
insurance under section 313 have not
been discharged or otherwise provided
for, no part of that sum shall be applicable
in discharge of any other liabilities incurred
by him.
(2) Any rules or regulations made, or having
effect as if made, by the Government or by
the Authority or under the Insurance Act,
2010 (Act 13 of 2010) which apply to
deposits made by insurers carrying on
motor vehicle insurance business shall,
with such necessary modifications and
adaptations as, after consultation with the
Ministry of Finance, may be prescribed,
apply to deposits made with the
Accountant General under section 312 of
this Act.
Modified
Inserted new
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117. Insolvency of insured persons
not to affect liability of insured or
claims by third parties
Where a certificate of insurance has
been issued to the person by whom a
policy has been effected, the
happening in relation to any person
insured by the policy of any such
event as is mentioned in sub section
(1) or sub section (2) of section 113
shall, notwithstanding anything in this
Chapter not affect any liability of that
person of the nature referred to in
clause (b) of sub section (1) of section
110; but nothing in this section shall
affect any rights against the insurer
conferred under the provisions of
sections 113, 114 and 115 on the
person to whom the liability was
incurred.
118. Effect of death on certain
causes of action
Notwithstanding anything contained in
section 306 of the Succession Act,
1925 (XXXIX of 1925) the death of a
person in whose favour a certificate of
insurance had been issued, if it
occurs after the happening of an
event which has given rise to a claim
under the provisions of this Chapter,
shall not be a bar to the survival of
any cause of action arising out of the
said event against his estate or
against the insurer.
119. Effect of certificate of
insurance
(3) Such provision as might be made, under
the Insurance Act, 2010 (Act 13 of 2010),
with respect to deposits under that Act,
may, after consultation with the Ministry of
Finance, be made by regulations with
respect to deposits made with the
Accountant General under section 312 of
this Act.
325. Insolvency of insured persons not to
affect liability of insured or claims by
third parties._
Where a certificate of insurance or a
security has been issued to the person by
whom a policy or a security has been
effected, the claims happening in relation
to any person insured by the policy or
security of any such event as is mentioned
in sub-section (1) or sub-section (2) of
section 320 shall, notwithstanding
anything contained in this Chapter, not
affect any such liability of that person of
the nature referred to in clause (b) of subsection
(1) of section 313; but nothing in
this section shall affect any rights against
the insurer conferred under the provisions
of section 320, 321 and 322 on the person
to whom the liability was incurred.
326. Effect of death on certain causes of
action._
Notwithstanding anything contained in
section 306 of the Succession Act, 1925
(XXXIX of 1925) the death of a person in
whose favour a certificate of insurance or
a certificate of security had been issued, if
it occurs after the happening of an
accident or event, which has given rise to
a claim under the provisions of this
Chapter, shall not be a bar to the survival
of any cause of action arising out of the
said event against his estate or against
the insurer.
327. Applicability of this Chapter to certain
claims under Bangladesh Labour Act,
2006 (Act No 42 of 2006)._
The provisions of this Chapter shall also
apply in relation to any claim for
compensation in respect of death or
grievous injury of any person under the
Bangladesh Labour Act, 2006 (Act No 42
of 2006) resulting from an accident of the
nature referred to in sub-section (1) of
section 318 and for this purpose, the said
provisions shall, with necessary
modifications, be deemed to form part of
that Act.
328. Effect of certificate of insurance._
Modified
Modified
Inserted new
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
When an insurer has issued a
certificate of insurance in respect of a
contract of insurance between the
insurer and the insured person, then-
(a) if and so long as the policy
described in the certificate has not
been issued by the insurer to the
insured, the insurer shall, as between
himself and any other person except
the insured, be deemed to have
issued to the insured person a policy
of insurance conforming in all
respects with the description and
particulars stated in such certificate;
and
(b) if the insurer has issued to the
insured the policy described in the
certificate, but the actual terms of the
policy are less favourable to persons
claiming under or by virtue of the
policy against the insurer either
directly or through the insured than
the particulars of the policy as stated
in the certificate the policy shall, as
between the insurer and any other
person except the insured, be
deemed to be in terms conforming in
all respects with the particulars stated
in the said certificate.
120. Transfer of certificate of
insurance
(1) Where a person in whose favour
the cetificate of insurance has been
issued in accordance with the
provisions of this Chapter, proposes
to transfer to another person the
ownership of the motor vehicle in
respect of which such insurance was
taken together with the policy of
insurance relating thereto, he may
apply in the prescribed form to the
insurer for the transfer of the
certificate of insurance and the policy
described in the certificate in favour of
the person to whom the motor vehicle
is proposed to be transferred, and if
within fifteen days of the receipt of
such application by the insurer, the
insurer has not intimated the insured
and such other person his refusal to
transfer the certificate and the policy
described in the certificate shall be
deemed to have been transferred in
favour of the person to whom the
motor vehicle is transferred with effect
from the date of its transfer.
(2) The insurer to whom any
application has been made under
sub-section (1) shall transfer to the
other person the certificate of
(l)
(a)
(b)
When an insurer has issued a certificate of
insurance or a certificate of security in
respect of a contract of insurance or
security between the insurer and the
insured person, thenif
and so long as the policy or the security,
as the case may be, described in the
certificate has not been issued by the
insurer to the insured, the insurer shall, as
between himself and any other person
except the insured, be deemed to have
issued to the insured person a policy of
insurance or a security conforming in all
respects with the description and
particulars stated in such certificate; and
if the insurer has issued to the insured the
policy or the security, as the case may be,
described in the certificate, but the actual
terms of the policy or the security, are less
favorable to persons claiming under or by
virtue of the policy or the security against
the insurer, either directly or through the
insured, then the particulars of the policy
or the security, as stated in the certificate,
the policy or the security shall, as between
the insurer and any other except the
insured, be deemed to be in terms
conforming in all respects with the
particulars stated in the said certificates.
329. Transfer of certificate of insurance._
(1) Where a person in whose favour the
certificate of insurance or the certificate of
security, as the case may be, has been
issued in accordance with the provisions
of this Chapter, proposes to transfer to
another person, the ownership of the
motor vehicle, in respect of which such
insurance or security was taken, together
with the policy of insurance or the security
relating thereto, he may, apply in the
prescribed form, to the insurer for the
transfer of the certificate of insurance or
the security, as the case may be, and the
policy or the security, described in the
certificate, in favor of the person to whom
the motor vehicle is proposed to be
transferred, and if, within fifteen days of
the receipt of such application by the
insurer, the insurer has not intimated the
insured, and such other person, his refusal
to transfer the certificate and the policy or
the security described in the certificate,
shall be deemed to have been transferred
in favour of the person to whom the motor
vehicle is transferred with effect from the
date of its transfer.
Explanation._For the removal of doubts, it
is hereby declared that such deemed
transfer shall include transfer of rights and
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
insurance and the policy described in
that certificate unless he considers it
undesirable having regard to:-
(a) the previous conduct of the other
person-
(i) as a driver of motor vehicle; or
(ii) as a holder of the policy of
insurance in respect of any motor
vehicle;
or
(b) any conditions which may have
been imposed in relation to any such
policy held by the applicant; or
(c) the rejection of any proposal made
by such other person for the issue of
a policy of insurance in respect of any
motor vehicle owned or possessed by
him.
(3) Where the insurer has refused to
transfer in favour of the person to
whom the motor vehicle has been
transferred the certificate of insurance
and the policy described in that
certificate, he shall refund to such
transferee the amount, if any, which
under the terms of the policy he would
have had to refund to the insured for
the unexpired term of such policy.
121. Duty to surrender certificate
on cancellation of policy
(1) Whenever the period of cover
under a policy of insurance issued
under the provisions of this Chapter is
terminated or suspended by any
means before its expiration by
effluxion of time, the insured person
shall within seven days after such
termination or suspension deliver to
the insurer by whom the policy was
issued the latest certificate of
insurance given by the insurer in
respect of the said policy, or, if the
said certificate has been lost or
destroyed, make an affidavit to that
effect.
(2) Whoever fails to surrender a
certificate of insurance or to make an
affidavit, as the case may be, in
accordance with provisions of this
section shall be punishable with fine
which may extend to thirty Taka for
everyday that the offence continues
liabilities of the said certificate of
insurance and policy of insurance or the
certificate of security and the security, as
the case may be.
(2) The insurer to whom any application has
been made under sub-section (1), shall,
transfer to the other person, the certificate
of insurance and the policy or the
certificate of security and the security, as
the case may be, described in the related
certificate, unless the considers it
undesirable having regard to:-
(a) the previous conduct of the other person-
(i) as a driver of motor vehicle; or
(ii) as a holder of the policy of insurance or
the security in respect of any motor
vehicle; or
(b) any conditions which may have been
imposed in relation to any such policy or
security held by the applicant; or
(c) the rejection of any proposal made by
such other person for the issue of a policy
of insurance or a security in respect of any
motor vehicle owned or possessed by him.
(3) Where the insurer has refused to transfer
in favour of the person to whom the motor
vehicle has been transferred, the
certificate of insurance and the policy, or
the certificate of security and the security,
as the case may be, described in the
related certificate, he shall refund to such
transferee the amount, if any, which under
the terms of the policy or the security, he
would have had to refund to the insured
for the unexpired term of such policy.
330. Duty to surrender certificate of
insurance and certificate of security on
cancellation of policy or security._
(1) Where a certificate of insurance under
sub-section (4) of section 313, or a
certificate of security under sub-section (2)
of section 314, has been issued, and the
policy or the security to which such
certificate relates is cancelled, by mutual
consent or by virtue of any provision in the
policy or security, or whenever the period
of cover under a policy of insurance or
security, issued under the provisions of
this Chapter, is terminated or suspended
by any means before its expiration, the
person to whom the certificate, the policy
or the security was issued shall, within
seven days from the taking effect of such
cancellation, termination or suspension-
(a) surrender the certificate to the insurer by
whom the policy was issued or to the
person by whom the security was given,
as the case may be; or
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
subject to a maximum of one
thousand Taka.
122. Duty of insurer to notify
registering authority cancellation
or suspension of the policy
Whenever a policy of insurance
issued under the provisions of this
Chapter is cancelled or suspended by
the insurer who has issued the policy,
the insurer shall within seven days
notify such cancellation or suspension
to the registering authority in whose
records the registration of the vehicle
covered by the policy of insurance is
recorded or to such other authority 103 [
as may be prescribed].
123. Production of certificate of
insurance
(1) Any person driving a motor vehicle
in any public place shall on being so
required by a police officer not below
the rank of sub inspector of police in
uniform authorised in this behalf by
the 104 [ Authority] or any Inspector of
Motor Vehicles or other persons
105
authorised in this behalf by the [
Authority] produce the certificate of
insurance relating to the use of the
vehicle.
(2) If, where owing to the presence of
a motor vehicle in a public place an
accident occurs involving bodily injury
to another person, the driver of the
vehicle does not at the time produce
the certificate of insurance to a police
officer, he shall produce the certificate
of insurance at the police station at
which he makes the report required
by section 104.
(3) No person shall be liable to
conviction under sub section (1) or
sub-section (2) by reason only of the
failure to produce the certificate of
insurance if, within seven days from
the date on which its production was
required under sub section (1) or, as
the case may be, from the date of
occurrence of the accident, he
(b) if the said certificate has been lost or
destroyed, make an affidavit to that effect.
(2) A person who fails to surrender a
certificate of insurance or a certificate of
security or to make an affidavit, as the
case may be, in accordance with the
provisions of sub-section (1), shall be
guilty of an offence, punishable with fine
as may be specified or prescribed for
everyday that the offence continues.
331. Duty of insurer to notify registering
authority cancellation or suspension of
the policy or the security._
Whenever a policy of insurance or a
security, as the case may be, issued
under the provisions of this Chapter is
cancelled or suspended either by the
insurer who has issued the policy or by the
person who has given the security, the
insurer or the giver of security, as the case
may be, shall within seven days, notify
such cancellation or suspension, to the
registering authority in whose records the
registration of the vehicle, covered by the
policy of insurance or by the security, is
recorded or to such other authority as may
be prescribed.
332. Production of certificate of insurance
or certificate of security._
(1) Any person driving a motor vehicle on a
road or in a public place, or any in charge
of a motor vehicle shall, on being so
required by a police officer not below the
rank of Sub-inspector of police in uniform
authorized in this behalf by the Authority
or any Inspector of Motor Vehicles or any
other road transport officer authorized in
this behalf by the Authority or other
persons authorized in this behalf by the
Government or by the Authority produce
the certificate of insurance or the
certificate of security, as the case may be,
relating to the use of the vehicle.
(2) If, where owing to the presence of a motor
vehicle on a road or in a public place, an
accident occurs involving death or bodily
injury to another person, or damage to any
property, the driver or in charge of the
vehicle, does not at the time, produce the
certificate of insurance, or the certificate of
security along with the certificate of
registration, certificate of fitness and such
other documents authorizing the use of
the vehicle on a road or in a public place,
to a police officer, or other authorized
officer, he shall produce the certificate of
insurance, or the certificate of security, as
the case may be, and the documents as
Modified
Modified
19-385

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
produces the certificate to such police
station as may have been specified by
him to the police officer or to the other
authority who required its production
or, as the case may be, to the police
officer at the site of the accident or to
the officer in charge of the police
station at which he reported the
accident:
Provided that, except to such extent
and with such modifications as may
be prescribed, the provisions of this
sub section shall not apply to the
driver of a transport vehicle.
(4) The owner of a motor vehicle shall
give such information as he may be
required by or on behalf of a police
officer empowered in this behalf by
the 106 [ Authority] to give for the
purpose of determining whether the
vehicle was or was not being driven in
contravention of section 109 and on
any occasion when the driver was
required under this section to produce
his certificate of insurance.
(5) In this section the expression
“produce his certificate of insurance”
means produce for examination the
relevant certificate of insurance or
such other evidence as may be
prescribed that the vehicle was not
being driven in contravention of
section 109.
aforesaid, at the police-station at which he
makes the report required by section 278.
(3) No person shall be liable to conviction
under sub-section (1) or sub-section (2),
by reason, only of the failure to produce
the certificate of insurance or the
certificate of security and other documents
mentioned in sub-section (2) if, within
seven days from the date on which the
production of the certificate was required
under sub-section (1) or, as the case may
be, from the date of occurrence of the
accident, he produces the certificates and
other documents to such police-station, as
may have been specified by him, to the
police officer or to the other authority, who
required their production or, as the case
may be, to the police officer at the site of
the accident, or to the officer in charge of
the police-station, at which he reported the
accident under section 278:
Provided that, except to such extent and
with such modifications, as may be
prescribed, the provisions of this subsection
shall not apply to the driver of a
transport vehicle.
(4) The owner of a motor vehicle shall, give
such information as he may be required,
by or on behalf of a police officer, or by
any other officer or person, empowered in
this behalf by the Authority, to give for the
purpose of determining whether the
vehicle was or was not being driven in
contravention of section 312, and on any
occasion when the driver or the in charge
of the motor vehicle was required under
this section to produce his certificate of
insurance or the certificate of security, as
the case may be.
(5) As soon as, any information regarding any
accident involving death or bodily injury to
any person is recorded or report under this
section is completed by a police officer or
other authorized officer, the officer in
charge of the police station shall forward a
copy of the same within thirty days from
the date of recording of information or, as
the case may be, on completion of such
report to the Claims Tribunal having
jurisdiction and a copy thereof to the
concerned insurer or the giver of security,
and where a copy is made available to the
owner, he shall also within thirty days of
receipt of such report, forward the same to
such Claims Tribunal and the insurer.
(6) Any person who fails to comply with this
section shall be guilty of an offence.
(7) In this section the expression "produce his
certificate of insurance or the certificate of
security or such other documents" means
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
124. Production of certificate of
insurance on application for
authority to use vehicle
The 107 [ Authority may make
regulations] requiring the owner of
any motor vehicle when applying
whether by payment of a tax or
otherwise for authority to use the
vehicle in a public place to produce
such evidence as may be prescribed
by those to the effect that either-
(a) on the date when the authority to
use the vehicle comes into operation
there will be in force the necessary
policy of insurance in relation to the
use of the vehicle by the applicant or
by other persons on his order or with
his permission, or
(b) the vehicle is a vehicle to which
section 109 does not apply.
125. Co operative insurance
(1) The 108 [ Authority] may, on the
application of a co operative society of
transport vehicle owners registered or
deemed to have been registered
under the
109 [ Co operative Societies
Ordinance, 1985 (I of 1985)], or under
an Act of Parliament governing the
registration of Co operative Societies
allow the society to transact the
business of an insurer for the
purposes of this Chapter, subject to
the following conditions, namely:-
(a) the society shall establish and
maintain a fund of not less than two
hundred thousand Taka for the first
fifty vehicles or fractional part thereof
and pro rata for every additional
vehicle in the possession, of members
of and insured with the society and
the said fund shall be lodged in such
110
custody as the Government may [
prescribe by rules] and shall not be
available for meeting claims or other
expenses except in the event of the
winding up of the society;
(b) the insurance business of the
society shall except to the extent
permitted under clause (d) be limited
to transport vehicles owned by its
members, and its liability shall be
limited as specified in clause (b) of
produce for examination the relevant
certificate of insurance or certificate of
security or other documents, or such other
evidence, as may be prescribed that the
vehicle was not being driven or used in
contravention of section 315 or other
relevant provisions of the Act.
333. Production of certificate of insurance
on application for authority to use
vehicle._
The Authority may make regulations
requiring the owner of any motor vehicle
when applying whether by payment of a
tax or otherwise for authority to use the
vehicle in a public place to produce such
evidence as may be prescribed by those
to the effect that either-
(a) on the date when the authority to use the
vehicle comes into operation there will be
in force the necessary policy of insurance
or security in relation to the use of the
vehicle by the applicant or by other
persons on his order or with his
permission, or
(b) the vehicle is a vehicle to which section
312 does not apply.
334. Co-operative insurance._
(1) The Authority may, on the application of a
co-operative society of transport vehicle
owners, registered or deemed to have
been registered under the Co-operative
Societies Act, 2001 (Act 47 of 2001), or
under an Act of Parliament, governing the
registration of Co-operative Societies,
allow the society to transact the business
of an insurer for the purposes of this
Chapter, subject to the following
conditions, namely:-
(a) the society shall establish and maintain a
fund, as may be prescribed, for every
vehicle in the possession of its members,
and insured with the society, and the said
fund shall be lodged in such custody as
may be prescribed, and shall not be
available for meeting claims or other
expenses except in the event of the
winding up of the society;
(b) the insurance business of the society
shall, except to the extent permitted under
clause (d) be limited to transport vehicles
owned by its members, and its liability
shall be limited as specified in clause (b)
of sub-section (1) of section 313;
(c) the society shall, if required by the
Government, re-insure against claims
above such amount as may be specified
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
sub-section (2) of section 110;
(c) the society shall if required by the
Government re insure against claims
above such amount as may be
specified by the Government;
(d) the society may, if permitted by the
Government and subject to such
conditions and limitation as may be
imposed by it, accept re insurances
from other societies allowed to
transact the business of an insurer
under this section;
(e) the provisions of this Chapter, in
so far as they relate to the protection
of third parties and to the issue and
production of certificates, shall apply
in respect of any insurance effected
by the society;
(f) an independent authority not
associated with the society shall be
appointed by the Government to
facilitate and assist in the settling of
claims against the society;
(g) the society shall operate on an
insurance basis, that is to say-
(i) it shall levy its premium in respect
of a period not exceeding twelve
months, during which period the
insured shall be held covered in
respect of all accidents arising,
subject to the limits of liability
specified in clause (b) of sub section
(1) of section 110;
(ii) it shall charge premiums estimated
to be sufficient, having regard to the
risks, to meet the capitalised value of
all claims arising during the period of
cover, together with an adequate
charge for expenses attaching to the
issue of policies and to the settlement
of claims arising thereunder;
(h) the society shall furnish to the
Insurance Regulatory Authoritythe
returns required to be furnished by
insurers under the provisions of the
Insurance Act, 2010 (Act 13 0f 2010) ,
and the Insurance Regulatory
Authoritymay exercise in respect
thereof any of the powers exercisable
by him in respect of returns made to
him under the said Act; and
(i) the society shall, in respect of any
business transacted by it of the nature
referred to in clause (ii) of the proviso
to sub section (1) of section 110, be
deemed to be an insurer within the
meaning of sub-section (1) of section
10 and sub section (6) of section 13 of
the Insurance Act, 2010 (Act 13 0f
2010) ;
(2) The provisions of the Insurance
Act, 2010 (Act 13 0f 2010) , relating to
(d)
(e)
(f)
(g)
(i)
(ii)
by the Government;
the society may, if permitted by the
Government, and subject to such
conditions and limitation as may be
imposed by it, accept re¬insurances form
other societies allowed to transact the
business of an insurer under this section;
the provisions of this Chapter, in so far as
they relate to the protection of third parties
and to the issue and production of
certificates, shall apply in respect of any
insurance effected by the society;
an independent authority not associated
with the society shall be appointed by the
Government to facilitate and assist in the
settling of claims against the society;
the society shall operate on an insurance
basis, that is to sayit
shall levy its premium in respect of a
period not exceeding twelve months,
during which period the insured shall be
held covered in respect of all accidents
arising, subject to the limits of liability
specified in clause (b) of sub-section (1) of
section 313;
it shall charge premiums estimated to be
sufficient, having regard to the risks, to
meet the capitalized value of all claims
arising during the period of cover, together
with an adequate charge for expenses
attaching to the issue of policies and to the
settlement of claims arising there under;
(h) the society shall furnish to the Insurance
Regulatory Authority the returns required
to be furnished by insurers under the
provisions of the Insurance Act, 2010 (Act
13 of 2010), and the Insurance Regulatory
Authority may exercise in respect thereof
any of the powers exercisable by him in
respect of returns made to him under the
said Act; and
(i) the society shall, in respect of any
business transacted by it of the nature
referred to in clause (ii) of the proviso to
sub-section (1) of section 313, be deemed
to be an insurer within the meaning of subsection
(1) of section 26 and sub-section
(6) of section 30 of the Insurance Act,
2010 (Act 13 0f 2010)
(2) The provisions of the Insurance Act, 2010
(Act 13 of 2010) , relating to the winding
up of insurance companies shall to the
exclusion of any other law inconsistent
therewith and subject to such modification
as may be prescribed; apply to the
winding up of a co-operative society
allowed to transact the business of an
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
the winding up of insurance
companies shall to the exclusion of
any other law inconsistent therewith
and subject to such modification as
may be prescribed, apply to the
winding up of a co operative society
allowed to transact the business of an
insurer under this section as if it were
an insurance company; but save as
hereinbefore provided, the Insurance
Act, 2010 (Act 13 0f 2010) , shall not
apply to any such society.
126. Duty to furnish particulars of
vehicle involved in accident
A registering authority or the officer in
charge of a police station shall, if so
required by a person who alleges that
he is entitled to claim compensation in
respect of an accident arising out of
the use of motor vehicle, or if so
required by an insurer against whom
a claim has been made in respect of
any motor vehicle, furnish to that
person or to that insurer, as the case
may be, on payment of the prescribed
fee any information at the disposal of
the said authority or the said police
officer relating to the identification
marks and other particulars of the
vehicle and the name and address of
the person who was using the vehicle
at the time of the accident or was
injured by it.
insurer under this section as if it were an
insurance company; but save as
hereinbefore provided, the Insurance Act,
2010 (Act 13 0f 2010) , shall not apply to
any such society.
335. Duty to furnish particulars of vehicle
involved in accident._
A registering authority or the officer in
charge of a police-station shall, if so
required by a person who alleges that he
is entitled to claim compensation in
respect of an accident arising out of the
use of motor vehicles, or if so required by
an insurer or a security giver, against
whom a claim has been made in respect
of any motor vehicle, furnish to that person
or to that insurer, as the case may be, on
payment of the prescribed fee, if any, any
information at the disposal of the said
authority, or the said police officer, relating
to the identification marks and other
particulars of the vehicle, relevant
documents of the vehicle and the driver,
and the name and address of the person
who was using the vehicle at the time of
the accident, or was injured by it, and the
property, if any, damaged, in such form
and within such time, as the Authority may
prescribe by regulations.
336. Compensation in case of hit and run
motor accident._
(1) The Government or the Authority shall
maintain or shall, cause a fund to be
maintained, in accordance with the rules
or regulations made in that behalf under
this Act, to indemnify the compensation in
respect of the death of, or grievous injury
or non-grievous injury involving treatment
in a hospital of any persons as an inpatient,
resulting from hit and run motor
accidents.
(2) The rules or regulations under sub-section
(1), may provide for-
(a) the establishment of the fund as aforesaid
for the payment of compensation;
(b) the manner in which the contribution under
sub-section (3) or otherwise for the fund
shall be collected and maintained;
(c) the manner in which the fund shall be
administered, by the Government or by
the Authority or any other public body
Modified
Inserted new
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established or authorized by the
Government;
(d) the powers, functions or duties that may
be conferred or imposed on any officer or
authority as aforesaid in connection with
the fund;
(e) the delegation, with the prior approval in
writing of the Government or the Authority,
the powers, functions by such officer or
authority to any other officer or authority;
(f) all other matters connected with, or
incidental to, the collection, maintenance
and administration of the fund and the
payment of compensation thereof; or
(g) the punishment for the contravention of
any provisions of this section.
(3) Notwithstanding anything contained in any
other law for the time being in force, or
any instrument having the force of law, the
insurance companies for the time being
carrying on the business of insuring motor
vehicles against third party risk, in
Bangladesh, or carrying on general
insurance business in Bangladesh, and
any authorized insurer shall, provide such
fund as may be prescribed, for paying
compensation in accordance with the
provisions of sub-section (1) and the rules
or regulations made there under.
(4) Subject to the provisions of this Chapter,
there shall be paid as compensation,
under the provisions of sub-section (1), in
respect of the death of, or grievous injury
or non-grievous injury of any person, such
sum, as may be prescribed, in this behalf
from time to time, under clause (b) of subsection
(1) of section 313 in respect of
death or grievous injury or non-grievous
injury.
(5) The provisions of sub-section (1) of
section 339 shall, apply for the purpose of
making applications for compensation
under this section, as they apply for the
purpose of making applications for
compensation, referred to in that subsection.
(6) Before awarding compensation in respect
of an accident involving the death of, or
grievous injury or non-grievous injury to,
any persons arising out of the use of a
motor vehicle or motor vehicles under any
provision of this Act (other than this
section) or any other law, the Claims
Tribunal, Court or other authority,
awarding such compensation shall verify,
as to whether in respect of such death,
grievous or non-grievous injury,
compensation has already been paid
under this section or an application for
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payment of compensation is pending
under this section, and such Tribunal,
Court or other authority shall,-
(a) if compensation has already been paid
under this section, direct the person liable
to pay the compensation awarded by it to
refund to the insurer, so much thereof as
is required to be refunded in accordance
with the provisions of sub-section (7); or
(b) if, an application for payment of
compensation is pending under this
section, forward the particulars as to the
compensation awarded by it to the insurer.
(7) The payment of compensation under this
section, shall be subject to the condition
that, if any compensation or other amount
in lieu of, or by way of satisfaction of a
claim for compensation, is awarded or
paid in respect of such death of, or
grievous injury, or non-grievous injury,
under any other provisions of this Act, or
under any other law or otherwise, so much
of the compensation or oher amount
aforesaid, as is equal to the compensation
paid under this section, shall be refunded
to the insurer or the security giver, or other
person or body, as the case may be.
Explanation._For the purpose of this
section, an application for compensation
under this section shall be deemed to be
pending-
(a) if such application has been rejected, till
the date of the rejection of the application;
and
(b) in any other case, till the date of payment
of compensation in pursuance of the
application.
337. Compensation on structured formula
basis._
(1) Notwithstanding anything contained in this
Act, or in any other law for the time being
in force, or instrument having the force of
law, the owner of the motor vehicle, or the
authorized insurer or the security giver, as
the case may be, shall be liable to pay in
the case of death or grievous or nongrievous
injury, due to accident arising out
of the use of motor vehicle on a road or in
a public place, compensation, as may be
prescribed by rules or regulations, on the
basis of any structured formula, devised,
keeping in view the annual income, age
and the loss of income of the victim, which
may also be revised, from time to time,
considering the national cost of living, to
the legal heirs or the victim, as the case
may be.
(2) In any claim for compensation under sub-
Inserted new
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127. Claims Tribunals
The District Judge having jurisdiction
over the area shall constitute Motor
Accidents Claims Tribunal (hereinafter
referred to as Claims Tribunal) for that
area for the purposes of adjudicating
upon claims for compensation in
respect of accidents involving the
death of, or bodily injury to, or
damages to any property of persons
arising out of the use of motor
vehicles:
Provided that in such districts where
there is no District Judge, the
Government may appoint a person
who is or has been a District Judge to
be Claims Tribunal.
128. Application for compensation
(1) An application for compensation
arising out of an accident of the
nature specified in section 127 may
be made-
(a) by the person who has sustained
injury or whose property has been
damaged; or
(b) where the death has resulted from
the accident, by all of or any of the
legal heirs of the deceased; or
(c) by any agent duly authorised by
the person injured or by all or any of
the legal heirs of the deceased, as the
case may be:
Provided that where all the legal heirs
of the deceased have not joined in
any such application for
compensation the application shall be
made on behalf of or for the benefit of
all the legal heirs who have not so
joined, shall be impleaded as
section (1), the claimant shall not be
required to plead or establish, that the
death or grievous or non-grievous injury,
in respect of which the claim has been
made was, due to any wrongful act or
neglect or default, of the driver or the
owner of the vehicle or vehicles
concerned, or of any other person.
338. Claims Tribunals._
(1) The District Judge having jurisdiction over
the area shall constitute Motor Accidents
Claims Tribunal (hereinafter referred to as
Claims Tribunal) for that area for the
purposes of adjudicating upon claims for
compensation in respect of accidents
involving the death of, grievous, or bodily
injury to, or damages to any property of
persons arising out of the use of motor
vehicles:
Provided that, in such districts where there
is no District Judge, the Government may
appoint persons who is or has been a
District Judge or who is qualified for
appointment as a District Judge, to be
Claims Tribunal.
(2) Where two or more Claims Tribunals are
constituted for any area, the Government,
may by order, regulate the distribution of
business among them.
Explanation._For the removal of doubts, it
is hereby declared that the expression
"claims for compensation in respect of
accidents involving the death of or bodily
injury to persons arising out of the use of
motor vehicles" includes claims for
compensation under section 318, 336 or
337.
339. Application for compensation._
(1) An application for compensation arising
out of an accident of the nature specified
in sub-(1) of section 338 may be made-
(a) by the person who has sustained injury or
whose property has been damaged; or
(b) where the death has resulted from the
accident, by all of or any of the legal heirs
of the deceases; or
(c) by any agent duly authorized by the
person injured or by all or any of the legal
heirs of the deceased, as the case may
be:
Provided that where all the legal heirs of
the deceased have not joined in any such
application for compensation, the
application shall be deemed to have been
made on behalf of or for the benefit of all
the legal heirs of the deceased, and the
legal heirs who have not so joined, shall
Modified
Modified
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CHAPTER -XIX
respondents to the application.
(2) Every application under sub
section (1) shall be made to the
Claims Tribunal having jurisdiction
over the area in which the accident
occurred and shall contain such
particular as may be prescribed.
(3) No application for compensation
under this section shall be entertained
unless it is made within six months of
the occurrence of the accident:
Provided that the Claims Tribunal may
entertain the application after expiry of
the said period of six months if it is
satisfied that the applicant was
prevented by sufficient cause from
making the application in time.
129. Option regarding claims for
compensation cases
Notwithstanding anything contained in
any other law for the time being in
force where the death or bodily injury
to any person gives rise to a claim for
compensation under this Ordinance or
any other law, the person entitled to
compensation may claim such
compensation under this Ordinance
and also under any other law.
be impleaded as respondents to the
application.
(2) Every application under sub-section (1)
shall be made, at the option of the
claimant, either to the Claims Tribunal
having jurisdiction over the area in which
the accident occurred, or to the Claims
Tribunal within the local limits of whose
jurisdiction the claimant resides or carries
on business, and shall be in such form
and contain such particulars as may be
prescribed:
Provided that where no claim for
compensation under section 321 is made
in such application, the application shall
contain a separate statement to that effect
immediately before the signature of the
applicant.
(3) No application for compensation under
this section shall be entertained unless it
is made within six months of the
occurrence of the accident:
Provided that the Claims Tribunal may
entertain the application after expiry of the
said period of six months if it is satisfied
that the applicant was prevented by good
cause from making the application in time.
(4) Any report of accidents under sub-section
(5) of section 335, forwarded to the Claims
Tribunal, shall be treated as an application
to it, for compensation under this Act.
340. Option regarding claims for
compensation cases._
(1) Notwithstanding anything contained in any
other law for the time being in force where
the death or bodily injury to any person
gives rise to a claim for compensation
under this Act or any other law, the person
entitled to compensation may claim such
compensation under this Act and also
under any other law.
(2) Where a person is entitled to claim
compensation under section 318 and also
under section 337, he shall file the claim
under either of the said sections and not
under both.
(3) Where a person claims compensation
under section 336, he shall not be entitled
to claim compensation under any other
provisions of this Act or any rules or
regulations made there under.
(4) Notwithstanding anything contained in the
Bangladesh Labor Act, 2006 (Act 42 of
2006) where the death of, or bodily injury
to, any person gives rise to a claim for
compensation under this Act and also
under the said Labor Act, the person
entitled to compensation may without
Modified
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CHAPTER -XIX
130. Procedure to be followed by
Claims Tribunal
On receipt of an application for
compensation made under section
128, the Claims Tribunal shall, after
issuing a notice under registered post
(acknowledgement due) to the owner
or owners and the insurer of the motor
vehicle concerned or any other party
affected or connected and after giving
the parties an opportunity of being
heard, hold an inquiry into the claim
and may make an award determining
the amount of compensation which
appears to be just, and specifying the
person or person to whom the
compensation shall be paid, and in
making the award the Claims Tribunal
shall specify the amount which shall
be paid by the insurer or owner or
driver of the vehicle involved in the
accident or by any other party, by all
or any of them, as the case may be.
131. Procedure and powers of
Claims Tribunal
(1) In holding an inquiry under section
130, the Claims Tribunal may, subject
to any 111 [ regulations] that may be
made in this behalf, follow such
summary procedure as it thinks fit for
prejudice to the provisions of this Chapter,
claim such compensation under both the
Acts.
341. Procedure and award by Claims
Tribunal._
(1) On receipt of an application for
compensation made under section 339,
the Claims Tribunal shall, after issuing a
notice under registered post
(acknowledgement due) to the insurer, or
the owner or owners of the motor vehicle
concerned, or any other party affected or
connected, as the case may be, and after
giving the insurer, owner(s) and the
parties concerned, as the case may be, an
opportunity of being heard, hold an inquiry
into the claim(s) and subject to the
provisions of sub-sections (6) and (7) of
section 336, may make an award,
determining the amount of compensation
which appears to be just, and specifying
the person or persons to whom the
compensation shall be paid, and in making
the award the Claims Tribunal shall,
specify the amount which shall be paid by
the insurer or owner or driver of the
vehicle involved in the accident, or by
other party, by all or any of them, as the
case may be.
Provided that where such application
makes a claim for compensation under
section 318, in respect of the death or
grievous injury of any person, such claim
and any other claim (whether made in
such application or otherwise) for
compensation in respect of such death or
grievous injury shall be disposed of in
accordance with the provisions of this
Chapter.
(2) The Claims Tribunal shall arrange to
deliver copies of the award to the parties
concerned expeditiously and in any case
within a period of fifteen days from the
date of the award.
(3) When an award is made under this
section, the person who is required to pay
any amount in terms of such award shall,
within thirty days of the date of
announcing the award by the Claims
Tribunal, deposit the entire amount
awarded in such manner as the Claims
Tribunal may direct.
342. Procedure and powers of Claims
Tribunal._
(1) In holding an inquiry under section 341,
the Claims Tribunal may, subject to any
regulations that may be made in this
behalf, follow such summary procedure as
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CHAPTER -XIX
quick adjudication of any claim.
(2) The Claims Tribunal shall have all
the powers of a Civil Court for the
purpose of taking evidence on oath
and on enforcing the attendance of
witness and of compelling the
discovery of and production of
documents and material objects and
for such other purposes as may be
prescribed, and the Claims Tribunal
shall be deemed to be a Civil Court
for all purposes of section 195 and
Chapter XXXV of the Code of
Criminal Procedure, 1898 (Act V of
1898).
(3) Where in the course of any inquiry
the Claims Tribunal is satisfied that-
(a) there is collusion between the
person making the claim and the
person against whom the claim is
made; or
(b) the person against whom the claim
is made has failed to contest the
claim;
it may, for reasons to be recorded by
it in writing, direct that the insurer who
may be liable in respect of such claim,
shall be impleaded as a party to the
proceeding and the insurer so
impleaded shall thereupon have right
to contest the claim on all or any of
the grounds that are available to the
person against whom the claim has
been made.
(4) Subject to any 112 [ regulations] that
may be made in this behalf, the
Claims Tribunal may, for the purpose
of adjudication upon the claim for
compensation, choose one or more
persons possessing special
knowledge of any matter relevant to
the inquiry to assist it in holding the
inquiry.
132. Award of compensatory costs
in certain cases
(1) Any Claims Tribunal adjudicating
upon any claim for compensation
under this Ordinance may, in any
case, where it is satisfied for reasons
to be recorded by it in writing that-
(a) the policy of insurance is void on
the ground that it was obtained by
representation of fact which was false
in any material particular, or
(b) any party or insurer has put
forward a false or vexatious claim or
defence, such as Claims Tribunal may
make an order for the payment by the
party who is guilty of
misrepresentation, by whom such
claim or defence has been put
it thinks fit for quick adjudication of any
claim.
(2) The Claims Tribunal shall have all the
powers of a Civil Court for the purpose of
taking evidence on oath and on enforcing
the attendance of witness and of
compelling the discovery of and
production of documents and material
objects and for such other purposes as
may be prescribed, and the Claims
Tribunal shall be deemed to be a Civil
Court for all purposes of section 195 and
Chapter XXXV of the Code of Criminal
Procedure, 1898 (Act V of 1998).
(3) Where in the course of any inquiry the
Claims Tribunal is satisfied that-
(a) there is collusion between the person
making the claim and the person against
whom the claim is made; or
(b) the person against whom the claim is
made has failed to contest the claim;
it may, for reasons to be recorded by it in
writing, direct that the insurer who may be
liable in respect of such claim, shall be
impleaded as a party to the proceeding
and the insurer so impleaded shall
thereupon have right to contest the claim
on all or any of the grounds that are
available to the person against whom the
claim has been made.
(4) Subject to any regulations that may be
made in this behalf, the Claims Tribunal
may, for the purpose of adjudication upon
the claim for compensation, choose one or
more persons possessing special
knowledge of any matter relevant to the
inquiry to assist it in holding the inquiry.
343. Award of compensatory costs in
certain cases._
(1) Any Claims Tribunal adjudicating upon
any claim for compensation under this Act
may, in any case, where it is satisfied for
reasons to be recorded by it in writing that-
(a) the policy of insurance or the security is
void on the ground that it was obtained by
representation of fact which was false in
any material particular; or
(b) any party or insurer has put forward a
false or vexatious claim or defence;
the Claims Tribunal under sub-section (1)
may, make an order for the payment by
the party who is guilty of
misrepresentation, or by whom such claim
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CHAPTER -XIX
forward, of special costs by way of
compensation to the insurer or, as the
case may be, to the party against
whom such claim or defence has
been
forward:
Provided that in case of void and
defective policy, the Claims Tribunal
may make an order for payment by
the insurer to the party affected.
(2) No person or insurer against
whom an order has been made under
this section shall, by reason thereof,
be exempted from any criminal liability
in respect of such misrepresentation,
claim or defence as is referred to in
sub-section (1).
(3) Any amount awarded by way of
compensation under this section in
respect of any misrepresentation,
claim or defence shall be taken into
accounts in any subsequent suit for
damages, for compensation in respect
of such misrepresentation, claim or
defence.
133. Appeals
Any person aggrieved by an award of
a Claims Tribunal may, within ninety
days from the date of the award,
prefer an appeal to the High Court
Division:
Provided that the High Court Division
may entertain the appeal after expiry
of the said period of ninety days, if it is
satisfied that the appellant was
prevented by sufficient cause from
preferring the appeal in time.
134. Recovery of money due under
award
Where any money is due from any
person under an award, the Claims
Tribunal may, on an application made
to it by the person entitled to the
money, issue a certificate for the
amount, which shall be executed as a
decree of a Civil Court.
or defence has been put forward, of
special costs, not exceeding the amount,
as may be prescribed, by way of
compensation to the insurer or, as the
case may be, to the party against whom
such claim or defence has been put
forward:
Provided that in case of void and defective
policy, the Claims Tribunal may make an
order for payment by the insurer to the
party affected.
(2) No person or insurer against whom an
order has been made under this section
shall, by reason thereof, be exempted
from any criminal liability in respect of
such misrepresentation, claim or defence
as is referred to in sub-section (1).
(3) Any amount awarded by way of
compensation under this section in
respect of any misrepresentation, claim or
defence shall be taken into accounts in
any subsequent suit for damages, for
compensation in respect of such
misrepresentation, claim or defence.
344. Appeals._
(1) Subject to the provision of sub-section (2),
any person aggrieved by an award of a
Claims Tribunal may, within ninety days
from the date of the award, prefer an
appeal to the High Court Division:
Provided that no appeal by the person
who is required to pay any amount in
terms of such award shall be entertained
by the High Court unless he has deposited
with it fifty thousand rupees or fifty per
cent, of the amount so awarded,
whichever is less, in the manner directed
by the High Court Division:
Provided further that the High Court
Division may entertain the appeal, after
expiry of the said period of ninety days, if,
it is satisfied that the appellant was
prevented by sufficient cause from
preferring the appeal in time.
(2) No appeal shall lie against any award of a
Claims Tribunal, if the amount in dispute in
the appeal is less than fifty thousand taka.
345. Recovery of money due under award._
Where any money is due from any person
under an award, the Claims Tribunal may,
on an application made to it by the person
entitled to the money, issue a certificate
for the amount, which shall be executed
as a decree of a Civil Court.
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XIX
135. Bar on the jurisdiction of Civil
Courts
No Civil Court shall have jurisdiction
to entertain any question relating to
any claim for compensation which
may be adjudicated upon by the
Claims Tribunal for any area, and no
Civil Court shall have power to issue
injunction in respect of any action
taken or to be taken by or before the
Claims Tribunal in respect of the claim
for compensation under this
Ordinance.
136. Power to make 113 [ regulations]
(1) The 114 [ Authority may make
regulations] for the purpose of
carrying into effect the provisions of
this Chapter.
(2) Without prejudice to the generality
115
of the foregoing power, such [
regulations] may provide for
(a) the forms to be used for the
purposes of this Chapter;
(b) the making of applications for and
the issue of certificates of insurance;
(c) the issue of duplicates to replace
certificates of insurance mutilated,
defaced, lost or destroyed;
(d) the custody, production,
cancellation and surrender of
certificates of insurance;
(e) the records to be maintained by
insurers of policies of insurance
issued under this Chapter;
(f) the identification by certificates or
otherwise of persons or vehicles
exempted from the provisions of this
Chapter;
(g) the furnishing of information
respecting policies of insurance by
insurers;
116 [ * * *]
(i) adapting the provisions of this
Chapter to vehicles brought into
Bangladesh by persons making only a
temporary stay therein by applying
those provisions with prescribed
modifications;
(j) the form of application for claims
for compensation and the particulars it
may contain, the fees, if any, to be
paid in respect of such application;
(k) the procedure to be followed by a
Claims Tribunal in holding an inquiry
under this Chapter;
(l) the powers vested in a Civil Court
which may be exercised by a Claims
Tribunal; m) the form and manner in
which, and the fees, if any, on
payment of which an appeal may be
preferred against an award of a
346. Bar on the jurisdiction of Civil Courts._
Where any Claims Tribunal has been
constituted for any area, no Civil Court
shall have jurisdiction to entertain any
question relating to any claim for
compensation which may be adjudicated
upon by the Claims Tribunal for any area,
and no Civil Court shall have power to
issue injunction in respect of any action
taken or to be taken by or before the
Claims Tribunal in respect of the claim for
compensation under this Act.
347. Power to make regulations._
(1) The Authority may make regulations for
the purpose of carrying into effect the
provisions of this Chapter.
(2) Without prejudice to the generally of the
foregoing power, such regulations may
provide for-
(a) the forms to be used for the purposes of
this Chapter;
(b) the making of applications for and the
issue of certificates of insurance and
certificates of security and any other
document which may be prescribed;
(c) the keeping of records of documents and
providing of particulars of them or the
giving of information with respect to them
to the Authority, registering authority,
police, insured and such others;
(d) the issue of copies of such certificates or
documents to replace certificates or
documents mutilated, defaced, lost or
destroyed;
(e) the custody, production, cancellation and
surrender of any such certificates or
documents;
(f) the records to be maintained by insurers
of policies of insurance issued or security
given under this Chapter;
(g) the identification by certificates or
otherwise of person or vehicles exempted
from the provisions of this Chapter;
(h) the furnishing of information, returns
respecting, authorized insurers and
policies of insurance or security by
authorized insurers;
(i) adapting the provisions of this Chapter to
vehicles brought into Bangladesh by
person making only a temporary stay
therein by applying those provisions with
prescribed modifications and adaptations;
(j) the form of application for claims for
compensation and the particulars it may
contain, and the fees, if any, to be paid in
Modified
Modified
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Claims Tribunal; and
(n) any other matter which is to be or
may be, prescribed.
respect of such applications;
(k) the procedure to be followed by a Claims
Tribunal in holding an inquiry under this
Chapter;
(l) the powers vested in a Civil Court which
may be exercised by a Claims Tribunal;
(m) the form and manner in which, and the
fees, if any, on payment of which an
appeal may be preferred against an award
of a Claims Tribunal; and
(n) any other matter which is to be or may be,
prescribed.
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Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XX : PLANNING AND CO-ORDINATION ................................................................ 399
348. Establishment of a planning and regulatory institution._ ........................................ 399
349. Power to make rules._ ..................................................................................................... 403
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CHAPTER -XX
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER XI
MISCELLANEOUS
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XX : PLANNING AND CO-
ORDINATION
348. Establishment of a planning and
regulatory institution._
(1) In order to ensure effective planning,
coordination, implementation, regulation
and systematic monitoring of road
transport facilities and services as well as
to provide advice, guidelines and technical
support to the Authority and all other
agencies concerned in the matter of road
transports and traffic, road transport
facilities and services, integrated public
transport system including rapid transit
system, there shall be established by the
Government, an independent capable
body in the name of Institute of Road
Transports, in brief IRT, with such number
of executives, professionals, researchers,
who have had wide experience of, and
shown capability in, road transports and
road traffic, industrial, commercial,
financial or legal matters, administration,
applied science, or the organisation of
workers, and other staff, as it may
consider necessary, for efficient discharge
of the functions and duties assigned to the
IRT.
(2) Without prejudice to the powers and
functions conferred under the Act or the
rules or regulations made there under, the
IRT shall exercise the powers and
discharge the functions and perform the
duties as specified hereunder or as may
be prescribed-
(a) to coordinate the activities undertaken by
all concerned agencies, for securing a
safe, efficient, improved and modern road
transport facilities and services including
bus rapid transit (BRT), both in the public
and private sectors, in the cities and
elsewhere to adequately serve passenger
and freight demands;
(b) to advise and guide the Authority and
other agencies responsible, to resolve
unendurable road traffic congestion in the
cities and elsewhere;
(c) to coordinate development strategy, interagency
co-operation and structural
development plans relating to road
transportation and traffic, in the cities and
Proposed a
new law to
replace the
MVO 1983
Modified
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XX
(d)
elsewhere;
to ensure that land development plans in
the cities and elsewhere, incorporate
public transport transit facilities and
integration between different modes of
public transport and services;
(e) to advise and give guidelines in order to
regulate the constructions of high rise and
commercial buildings, market places,
refueling stations and service centres and
the management of traffic at these places
with traffic circulation plans;
(f) to advise with due regard to the efficiency,
economy and safety of operation, the road
transports need, passenger and freight,
public and private, of the cities, districts
and elsewhere;
(g) to advise preparation of schemes for the
improvement of road transportation and
traffic system in the cities and elsewhere;
(h) to advise design, erection and
maintenance of road traffic signs-signals
and any other traffic control devices;
(i) to advise improved registration and
licensing procedures and systems for road
transports and drivers, workers and
operators of such vehicles;
(j) to give guidelines in the formulation of
franchise, BRT policies and rules and
implementation of such policies and rules;
(k) to advise selection and development of
franchised routes and bus rapid transit
system and facilities;
(l) to advise effective planning,
implementation and regulation of
franchise, bus services including BRT and
monitoring of such services under
franchise and for such other related
functions;
(m) to design and give guidelines for
implementation of bus route networks in
the cities and elsewhere that effectively
meets the demand of bus users;
(n) to advise plan and design of
comprehensive route network of
passengers and freights, for hire or
reward, on any road or area, in cities and
elsewhere;
(o) to advise standards, construction and
safety aspects and procedures for type
approval of motorized and non-motorized
vehicles;
(p) to advise facilities for inspection and
testing of both motorized and nonmotorized
vehicles, standards and
procedures for such inspection annd test;
(q) to advise rules and procedures for
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XX
conversion, retrofitment, certification and
testing centres of gas (Natural Gas (NG),
Compressed Natural Gas (CNG), Liquid
Natural Gas (LNG), Liquified Patroleum
Gas (LPG) or hydrogen gas operated
vehicles and pollution checking centres for
different types of vehicles;
(r) to advise load limits for different types of
motor vehicles, provide guidelines,
requirements and procedures for the issue
of vehicle mass and dimension permits;
(s) to advise and give guidelines on research
and demonstration projects in respect of
road transports system and services
including BRT and traffic system and
associated matters;
(t) to provide specifications of buses,safety
standards, type of comfort and amenities,
size of fleet, investment business plan for
bus services including franchise and BRT
services for cities and elsewhere;
(u) to advise formulation of policies on transit
and transport, implementation of transit,
transport and traffic related projects;
(v) to advise management of spaces along
roads and parking in consideration of the
area and structural plan of the cities and
elsewhere;
(w) to advise formulation of policies on
security and facilities of pedestrians and
non-motorized traffic on the roads, in the
cities and elsewhere, and to ensure
coordination and implementation of the
policies;
(x) to advise Rules to be observed by all road
users, whether drivers, pedestrians, or
passengers or otherwise, to ensure safe
and equitable use of highways, parking
places, halting places and the places for
loading and unloading of passengers and
goods to the benefit of everyone;
(y) to advise and to give guidelines for fixing
maximum-minimum speed for vehicles,
speed restrictions, speed detection and
measuring devices and enforcement
strategy and method of implementation;
(z) to give guidelines for creating more
favorable market condition for high
capacity bus operation and for incentives
to new investors in the bus industry;
(aa) to give guidelines to prevent aggressive,
unsafe and uneconomic competition in the
public transport service sector,
(bb) to give guidelines on the bidders
operational and financial capability to
provide safe, reliable and comfortable
services;
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XX
(cc) to give guidelines for evaluation of tender
for a franchise, taking into account the
level of investment being made,
specification of buses, fare scale proposed
to be charged, time required for making
the service operational, age of the buses,
depot, parking and workshop facilities,
ticketing system, maintenance and
servicing program and bus scrapping and
purchase program;
(dd) to give guidelines to replace the present
thousands of fragmented ownership and
operators in the public transport service
sector by introducing small number of
large operators (companies);
(ee) to advise formulation of policies on the
control and regulation of public transports
and tansit system and implementation of
such policies;
(ff) to advise and give guidelines for an
integrated public transport system with
other modes of transport and surrounding
developments, for reliable, continued and
convenient travel within the public
transport system and enhanced
passenger services;
(gg) to advise and give guidelines for networkwide
efficient and co-ordinated
movements of passengers on rapid transit
systems for sustainability, adequacy,
optimisation of capacity across the
network, safety and security of life and
property;
(hh) to advise, having regard to the safe
mobility, convenient, comfortable and
reliable services at affordable cost to
users, and at the same time, the
frequency of operation, financial standing
of the franchisee or others, his experience
and ability to maintain and operate an
adequate, satisfactory, safe and efficient
public vehicle fleet, under most cost
effective operating arrangements, and the
full recovery of costs and a reasonable
return on management and assets
invested, the general level and structure of
the fares and freights to be charged for
public passenger and freight transport
services by the franchisee or others;
(ii) to advise and give guidelines with terms
and conditions, to exempt from taxes or to
make grants or subsidy to the operators of
public passenger transport services in the
cities and elsewhere;
(jj) to advise levy of taxes, fees and charges
on road transports and transit;
(kk) to advise formation of company or
borrowing or sale of shares by the
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XX
Authority or any other agency for the
implementation of any projects or to make
grants or subsidy to any public passenger
transport service operator;
(ll) to advise and provide guidelines to grant
travel concession permit to senior citizens
(persons who have attained pensionable
age), blind persons or persons suffering
from any disability or injury (impairs ability
to walk or work);
(mm) to advise maximum number of vehicles of
different types and categories for licensing
purposes in different cities, districts and
other areas;
(nn) to advise prevention of environment
pollution by road transports, traffic and
transit system;
(oo) to advise the Authority and all other
agencies concerned and provide
guidelines, plans and schemes for the
improvement of road safety;
(pp) to exercise or discharge such other power
and functions as may be conferred or
assigned by the Government or by the
Authority or as may be prescribed; and
(qq) to advise and give guidelines in order to
regulate the constructions of high rise and
commercial buildings, market places,
refueling stations and service centres and
the management of traffic at these places.
(3) Any proposal, scheme or project relating
to road transports, traffic and transit, or
road transport facilities or services
including any bus or BRT sevice, by the
Authority or any other agency, whether in
the public or private sector, shall be
approved or implemented, or any
agreement relating to any of these matters
shall be signed, unless advised or agreed
by the IRT.
349. Power to make rules._
(1) The Government may make such rules as
it may consider expedient for prescribing
anything which may be prescribed under
this Chapter, and otherwise for the
purpose of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generality of the
foregoing power, rules under this Chapter
may be made with respect to all or any of
the following matters, namely-
(a) the manner of appointment, conduct and
discipline and the terms and conditions of
service of the officers and employees of
the IRT;
(b) for the purposes of efficient discharge of
functions and duties by IRT, and any
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XX
(c)
(d)
(e)
(f)
(g)
(h)
officer or staff or person under
employment;
its
the payment of gratuities, pensions and
other benefits to officers and employees of
the IRT;
the fees to be charged in respect of
anything done or any services rendered by
the IRT or by the officers and employees
of the IRT under or by virtue of this Act or
this Chapter;
the fees in respect of the supply of
information maintained by the IRT in
relation to its functions;
fees in respect of surveys or searches
and/or the sale or copying of any maps,
plans or other documents made or
maintained by the IRT;
the exemption, with or without conditions,
of any organization, agency, persons, or
classes of persons, or body od persons, or
vehicles or classes of vehicles, or any
scheme or project from the necessity of
complying with any of the requirements of
this Chapter;
any other matter which is to be or may be
prescribed.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XXI : OFFENCE AND PENALTY PROCEDURES ..................................................... 405
350. Liability of offence under the Act._ ............................................................................... 405
351. Prosecution officer._ ........................................................................................................ 406
352. Presumptions in respect of a Public service vehicle._ .............................................. 407
353. Provisions for punishment of offences._ ..................................................................... 407
354. Provisions as to evidence._ ............................................................................................ 408
355. Evidence of previous conviction._ ................................................................................. 412
356. Special procedure for trial of offence._ ....................................................................... 420
357. Power to order appearance in court._ ......................................................................... 421
358. Power of arrest without warrant._ ................................................................................ 422
359. Power to charge certain offenders on the spot._ ...................................................... 424
360. Summary disposal of cases._ ........................................................................................ 428
361. Cognizance of offence._ .................................................................................................. 428
362. Service of notices and summonses._ ........................................................................... 428
363. Restriction on conviction._ ............................................................................................. 430
364. Courts to send intimations about conviction._ ........................................................... 431
365. Jurisdiction of Courts._ .................................................................................................... 431
366. Compounding of Offence._ ............................................................................................. 432
367. Power to make regulations._ ......................................................................................... 433
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified upto November, 1990
CHAPTER X
OFFENCES, PENALTIES AND
PROCEDURE
147. Punishment for abetment of
certain offences
Whoever abets the commission of an
offence under section 143, or 145,
shall be punishable with the
punishment provided for the offence.
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
CHAPTER XXI : OFFENCE AND PENALTY
PROCEDURES
350. Liability of offence under the Act._
(1) It is an offence for any person, who
without lawful excuse, proof of which shall
lie on him-
(a) refuses or neglects to do anything, he is
required to do, by or under this Act; or
(b) fails to comply with any orders or
instructions issued, or the requirements of
any notice served on him under this Act,
or any rules or regulations made there
under; or
(c) Contravenes, neglects, or violates or fails
to comply any of the provisions of this Act
or any rules or regulations made there
under.
(2) Every person who commits, attempts to
commit, conspires to commit, or aids or
abets in the commission of any act,
declared in this Act or in the rules and
regulations made, or any orders or
instructions issued there under, to be an
offence, whether individually or in
connection with one or more other
persons, or as a principal, agent or
accessory, shall be guilty of such offence;
and every person who falsely,
fraudulently, forcibly or willfully induces,
causes, coerces, requires, permits or
directs another to violate any provision of
this Act or of the rules and regulations
made there under is likewise guilty of such
offence.
(3) If any one, committing an offence under
this Act, is a company or a corporation, or
a Government Department, the officials of
the organization including the top person
who is privy to the offence, shall be
deemed to be guilty of the offence, and
shall also be liable to the punishment,
provided for the offence, unless he proves
that the offence was committed without his
consent or connivance, and that he had
exercised all due diligence to prevent the
commission of the offence, as he ought to
have exercised, having regard to the
nature of his functions, in that capacity,
and to all the circumstances of the case.
Proposed a
new law to
replace the
MVO 1983
Modified
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
(4) It is unlawful for the owner, or any other
person, employing or otherwise directing
the driver of any vehicle to require or
knowingly to permit the operation of such
vehicle upon a highway or on a road or in
any public place or in any manner contrary
to this Act.
(5) Except, where otherwise required by this
Act, any act or omission, by whoever was
the driver of a motor vehicle, at the
material time, shall for the purpose of any
prosecution or proceedings under this Act,
be deemed to be the act or omission of
the registered owner, unless he satisfies
the court, that he took all reasonable steps
and precautions, to prevent such act or
omission:
Provided that this sub-section shall not
apply to an act or omission of a person in
driving a motor vehicle in contravention of
sections 253 to 259.
(6) Proceedings for a penalty under this Act
may be brought at any time, within a
period of twelve months from the date on
which the offence was committed.
(7) Whoever abets the commission of an
offence against this Act shall be
punishable with the punishment provided
for the offence.
351. Prosecution officer._
(l) Proceedings for an offence against this
Act or for an offence against any rules or
regulations or order made by an
appropriate authority under this Act, shall
be instituted or conducted-
(a) by or on behalf of the Public Prosecutor;
or
(b) by any police officer not below the rank of
Sub-Inspector or Sergeant; or
(c) by any road transport officer authorized by
the Authority; or
(d) by any officer of the Authority who is
authorised to do so either generally or in
any particular case by the Authority; or
(e) by any officer of an appropriate authority;
or
(f) any other prescribed authority or officer.
(2) Any money that is recovered by way of
fine for committing an offence under this
Act shall be paid into the Revenue Fund
established under section 19 or into the
fund prescribed, and any part or whole of
the fund may be utilized for the promotion
of road safety or for such other purposes
as may be prescribed.
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
137. General provision for
punishment of offence
Whoever contravenes any provision
of this Ordinance or of any 117 [ rules or
regulations] made thereunder shall, if
no other penalty is provided for the
offence, be punishable with fine which
may extend to
118 [ two hundred] Taka,
or, if having been previously convicted
of any offence under this Ordinance
he is again convicted of an offence
under this Ordinance, with fine which
may extend to
119 [ four hundred] Taka.
352. Presumptions in respect of a Public
service vehicle._
In any proceedings for an offence, in
respect of a transport/ public service
vehicle, in so far as it may be necessary to
establish the offence charged, it shall be
presumed until the contrary is proved-
(a) that any conveyance of persons or goods
in such a vehicle was for hire or reward;
(b) that the passengers carried in a motor
vehicle were being carried in consideration
of separate payments made by them;
(c) that a vehicle is not a vehicle in relation to
which any Authorization Certificate under
Chapter V has been granted;
(d) that any person is not the holder of a
license granted under the provisions of
Chapter III or IV in respect of a motor
vehicle;
(e) that any person is the owner of a motor
vehicle; and
(f) that any person is the holder of a permit or
a license or franchise granted under
Chapter VII, VIII or IX.
353. Provisions for punishment of
offences._
(1) Any person, who contravenes any of the
provisions of this Act or any rules or
regulations made there under, or any
orders or instructions or notice issued
under the authority of the Act or any rules
or regulations made there under, shall be
guilty of an offence.
(2) Whoever, as driver or conductor or owner
or employer, or otherwise than as such a
person, contravenes of this Act, or of any
rules or regulations made there under, or
any orders or instructions or notice issued
there under, and thereby commits, or aids
or abets the commission of an offence
under this Act, or any rules or regulations
made there under, or any orders or
instructions or notice issued there under,
may be charged with an appropriate
offence, specified in the Schedule of this
Act or any offence as prescribed by the
Government or by the Authority and, if
found guilty, shall be punished with the
penalties as provided against the offence
in the said Schedule or as prescribed:
Provided that the Government may, by
order published in the official Gazette, add
to, amend or vary the Schedule.
(3) One unit of penalty shall be equivalent to
two hundred taka:
Provided that the Government may, if
Inserted new
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
deems fit, by notification published in the
official Gazette, re-fix it to a higher
amount:
Provided further that, if it considers
necessary, the Government or the
Authority may prescribe penalty not
exceeding fifteen penalty units in respect
of any offence for which no penalty has
been specified in this Act.
(4) Any order or notification made, or any
penalty prescribed under sub-section (2)
or (3), shall be placed before the
Parliament for approval, as soon as
possible, when it is in session; and the
order or the notification or any part of it,
not approved by the Parliament, shall not
be valid without prejudice to the validity of
anything previously done there under or to
the making of new order or notification.
(5) A driver, who is found guilty, for
committing any of the offence, specified in
the Schedule, shall, in addition to the
penalty provided for the offence, in the
said Schedule, be awarded with the
demerit points specified against the
offence.
(6) The Authority, shall keep in the prescribed
manner, a Demerit Register, and shall
record against the holder of a driving
license, any demerit points that are
incurred by him, and the circumstances in
which demerit points are incurred, and the
number of points incurred, and shall serve
notice, in the prescribed form, in the
prescribed manner, to the holder thereof,
who incurs twelve or more demerit points,
in any three year period, and the driving
license of such a person, shall remain
suspended for such period not less than
six months and not exceeding two years,
from the date specified in the notice
served; however, if the Authority considers
it necessary in the interest of public
service, under a very special
circumstances such driver may be allowed
to continue driving as a probationer driver
for such period as the Authority may think
fit.
354. Provisions as to evidence._
(1) A registration certificate shall be prima
facie evidence of the registration of the
motor vehicle referred to therein, and of
the particulars appearing in the register
relating to such motor vehicle and the
registered owner thereof.
(2) A copy of any entry in any register
required to be kept under this Act or under
any rules or regulations made there under,
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
purporting to be signed by or on behalf of
the person who, under this Act or under
any rules or regulations made there under,
is required to keep such register, and
certified by or on behalf of such person to
be a true copy thereof, shall be evidence
of the matters stated in that entry without
proof of the signature or authority of the
person signing the said entry or the said
certificate.
(3) When in any proceedings for an offence
against this Act, it is necessary to prove
that-
(a) a motor vehicle was, or was not,
registered in the name of any person;
(b) any person was, or was not, the registered
owner of a motor vehicle; or
(c) any person was, or was not, the holder of
a driving license; or
(d) any person was, or was not, the holder of
an Authorization certificate, or
(e) any person was, or was not, the holder of
a permit; or
(f) any person was, or was not, the holder of
a paublic transport service operator’s
license or franchise; or
(g) any person was, or was not, the holder of
such other document or certificate granted
under this Act or under any rules and
regulations made there under;
a certificate purporting to be signed by or
on behalf of the person who, under this
Act or under any rules or regulations made
there under, granted such document or
certificate, and certified by or on behalf of
such person to be a true copy thereof,
shall be evidence of the matters stated in
that document without proof of the
signature or authority of the person
signing the said document or the said
certificate; or
a certificate purporting to be signed by a
road transport officer not below the rank of
an Assistant Director, and certifying the
matters aforesaid shall be admissible as
evidence, and shall constitute prima facie
proof of the facts certified in such
certificate, without proof of the signature of
the person who granted it, to such
certificate.
(4) When in any proceedings for an offence
against this Act it is necessary to prove
that-
(a) a motor vehicle was, or was not, an
authorised vehicle; or
(b) any person is, or is not a road transport
officer; or
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
(c) any person is, or is not an authorized
officer; or
(d) any person is, or is not a competent
authority;
a certificate purporting to be signed by the
respective Head of office, resposible for
the matter, and certifying as to the matters
aforesaid, shall be admissible as
evidence, and shall constitute prima facie
proof of the facts certified in such
certificate, without proof of the signature of
the head of office, to such certificate.
(5) When in any proceedings for an offence
against this Act, any question arises as to
the damage or extent of damage caused
to a motor vehicle as a result of an
accident or whether a motor vehicle does,
or does not, comply with any provision of
this Act relating to the construction,
equipment or conditions of use or road
worthiness of such motor vehicle, the
certificate of a authorized road transport
officer of or above the rank of an Inspector
of Motor Vehicles or other authorized
officer, that he has examined the motor
vehicle and the result of such examination
shall be admissible in evidence, and shall
be sufficient prima facie evidence of any
fact or opinion stated therein relating to
the construction, equipment or conditions
of use or roadworthiness of such motor
vehicle, and the officer may not be called
for cross-examination on the certificate
unless contrary evidence is given which
appears to the court to be credible, or
unless for any reason the court considers
cross-examination to be necessary or
desirable in the interest of justice:
Provided that in any case in which the
prosecution intends to give in evidence of
any such certificate there shall be
delivered to the defendant a copy thereof
not less than ten clear days before the
commencement of the trial.
(6) When in any proceedings it is necessary
to prove the weight unladen or laden of
any vehicle, or the weight of any load
carried on any vehicle, or the weight
carried on any axle of the vehicle, a
certificate purporting to be signed by-
(a) any police officer not below the rank of
Sub-inspector of police or police sergeant
authorised in writing in this behalf by the
respective Deputy Commissioner of
Police or by the Superintendant of police;
or
(b) any road transport officer authorised in
writing in this behalf by the respective
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
Head of office; or
(c) any officer of the Highway Authority,
authorised in writing in this behalf by the
respective Head of office;
to operate the weigh-bridge or weighing
machine on which the said vehicle or load
was weighed, and certifying-
(i) that such weigh-bridge or weighing
machine had been examined within the
previous six months and found to be
accurate; and
(ii) the weight of such vehicle or load,
shall be accepted by any court as prima
facie proof of the facts certified in such
certificate.
(7) When in any proceedings before any
court, it is necessary to prove that any
police officer, any road transport officer or
any public servant has sent or served, or
has received or has not received, any
badge, document, license, notice, plate or
other thing, a certificate purporting to be
signed by or on behalf of such police
officer, road transport officer or public
servant and certifying the sending,
service, reception or non- reception of
such badge, document, license, notice,
plate or other thing, shall be admissible as
evidence, and shall constitute prima facie
proof of the facts certified in such
certificate, without proof of the signature to
such certificate.
(8) In any proceedings in any court,
particulars of a conviction endorsed on a
driving license granted under this Act, may
be produced as prima facie evidence of
the conviction.
(9) Where in any proceedings for an offence
against this Act, it is necessary to prove
that a helmet is or is not a protective
helmet, or a seat-belt is or is not a safety
seat-belt, prescribed under the rules or
regulations made under this Act, a
certificate purporting to be signed by the
Director of the Road Transport
Department, responsible for the matter or
any officer of the Standards Institute of
Bangladesh responsible for the matter,
shall be admissible as evidence, and shall
constitute prima facie proof of any fact or
opinion stated therein, without proof of the
signature of the said Director or officer to
such certificate, and neither the Director
nor any officer as aforesaid, shall be
called for cross-examination on the
certificate unless for any reason the court
considers the cross-examination to be
necessary or desirable in the interest of
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
justice.
(10) Where in any proceedings for an offence
against this Act, it is necessary to prove
that a component part is or is not a
component part of the standard, quality or
condition prescribed under the rules or
regulations made under this Act, a
certificate purporting to be signed by the
Director of the Road Transport
Department, responsible for the matter or
any officer of the Standards Institute of
Bangladesh responsible for the matter,
shall be admissible as evidence, and shall
constitute prima facie proof of any fact or
opinion stated therein, without proof of the
signature of the said Director or officer to
such certificate, and neither the Director
nor any officer as aforesaid, shall be
called for cross-examination on the
certificate unless for any reason the court
considers the cross-examination to be
necessary or desirable in the interest of
justice.
(11) When in any proceedings it is necessary
to prove the speed of any vehicle, a
certificate purporting to be signed by any
authorized road transport officer who is an
electrical, or a mechanical, or an automobile
engineer and certifying that any
equipment used for determining the speed
of vehicles had been examined within the
previous six months and found to be
accurate shall be accepted by any court
as prima facie proof of the facts certified in
such certificate and such road transport
officer shall not be called for crossexamination
on the certificate unless for
any reason the court considers the crossexamination
to be necessary or desirable
in the interest of justice.
355. Evidence of previous conviction._
(1) For the purpose of sentencing under this
Act, when it is necessary to prove in any
court that the offence for which a person is
being convicted is a second or subsequent
offence, a certificate purporting to be a
record of his previous conviction, signed
by –
(a) any road transport officer of or above the
rank of an Assitant Director authorized in
writing in this behalf by the respective
Head of Office; or
(b) any police officer of or above the rank of
Assistant Commissioner of Police or
equivalnt, authorized in writing in this
behalf by the respective Deputy
Commissioner of Police or the
Superintedant of Police;
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
138. Driving without license
Whoever drives a motor vehicle or
public service vehicle or whoever
causes or allows a motor vehicle or
public service vehicle to be driven in
contravention of the provisions of sub
section (1) of section 3 shall be
punishable with imprisonment which
may extend to four months, or with
fine which may extend to five hundred
Taka, or with both.]
139. Fitting and using of prohibited
horns or other sound producing
device
Whoever uses or being the owner or
person in charge of motor vehicle fits,
causes or allows fitting of any horns
or any sound producing devices
prohibited by any competent authority
having jurisdiction over the area or
prohibited under the provision of this
121
Ordinance or any [ rules or
regulations] made thereunder or uses
horn or any sound producing device
where its use is prohibited shall be
punishable with fine which may
extend to
122 [ one hundred] Taka.
140. Disobedience of orders,
obstruction and refusal of
information
(1) Whoever wilfully disobeys and
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
punishable with imprisonment for a
term which may extend to 123 [ one
month] or with fine which may extend
124
to [ five hundred] Taka, or with
having custody of the records in which
such conviction is kept, shall be
admissible as evidence and shall
constitute a prima facie proof of any fact
stated therein.
(2) The certificate under sub-section (1) shall
only be admissible, if it is a record in
respect of the same offence, and the
conviction is obtained within five years
from the date of the present conviction.
To be deleted
Section 48, Ch
3
Section 175 Ch
10
Section 252 Ch
13
21-413

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
both.
(2) Whoever, otherwise than with
lawful authority or reasonable excuse,
drives or causes to be driven a motor
vehicle in opposite direction on one
way road or contrary to any notice
shall be punishable with fine which
may extend to 125 [ two hundred] Taka.
141. Offences relating to license
(1) Whoever, being disqualified under
this Ordinance for holding or obtaining
a driving license, drives a motor
vehicle in a public place or applies for
or obtains a driving license or, not
being entitled to have a driving license
issued to him free of endorsement,
applies for or obtains a driving license
without disclosing the endorsements
made on a driving license previously
held by him or, being disqualified
under this Ordinance for holding or
obtaining a driving license uses in
Bangladesh a driving license such as
is referred to in sub section (2) of
section 10, shall be punishable with
imprisonment for a term which may
extend to 126 [ three months], or with
127
fine which may extend to [ five
hundred] Taka, or with both, and any
driving license so obtained by him
shall be of no effect.
(2) Whoever, being disqualified under
this Ordinance, for holding or
obtaining a conductor's license, acts
as a conductor of a stage carriage or
a contract carriage in a public place or
applies for or obtains a conductor's
license, or not being entitled to have a
conductor's license issued to him free
of endorsement, applies for or obtains
a conductor's license without
disclosing the endorsement made on
a conductor's license previously held
by him, shall be punishable with
imprisonment for a term which may
extend to
128 [ one month] or with fine
which may extend to
129 [ two hundred]
Taka or with both, and any
conductor's license so obtained by
him shall be of no effect.
(3) Whoever while driving a motor
vehicle in a public place fails to
produce his valid driving license
whenever required to do so by any
authority acting under this Ordinance
or any
130 [ rules or regulations] made
thereunder shall be punished with fine
of fifty Taka.
142. Driving at excessive speed
131
[ (1) Whoever drives any motor
Section 55 ch 3
Section 191 Ch
12
21-414

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
vehicle or a tractor or a locomotive in
contravention of section 85 shall be
punishable for a first offence with
imprisonment for a term which may
extend to one month or with fine
which may extend to three hundred
Taka or with both and for any
subsequent offence with
imprisonment for a term which may
extend to three months, or with fine
which may extend to five hundred
Taka, or with both and his driving
license shall be suspended for a
period not exceeding one month.
(2) Whoever causes any person who
is employed by him or is subject to his
control in driving to drive a motor
vehicle in contravention of section 85
shall be punishable for a first offence
with imprisonment which may extend
to one month, or with fine which may
extend to three hundred Taka, or with
both and for any subsequent offence
with imprisonment which may extend
to three months, or with fine which
may extend to five hundred Taka, or
with
both.]
(3) and (4) [Omitted by section 20 of
the Motor Vehicles (Amendment) Act,
1990 (Act No. XIX of 1990).]
(5) No person shall be convicted of an
132
offence punishable under [ subsection
(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.
(6) 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 that
journey or part of a journey to be
completed in the specified time
without infringing the provisions of
section 85, be prima facie evidence
that the person who published the
time table or gave the direction has
committed an offence punishable
under
133 [ sub-sections (2)].
143. Driving recklessly or
dangerously
Whoever drives a motor vehicle at a
speed or in a manner which is
dangerous to the public, having
regard to all the circumstances of the
Section 253 Ch
13
21-415

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
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 punishable
on a first conviction for the offence
with imprisonment for a term which
may extend to 134 [ six months], or with
135
fine which may extend to [ five
hundred] Taka, and his driving license
shall be suspended for a specified
period, and for a subsequent offence
if committed within three years of the
commission of a previous similar
offence with imprisonment for a term
which may extend to
136 [ six months],
137
or with fine which may extend to [
one thousand] Taka, or with both, and
138
his driving license shall be [
suspended for a period not exceeding
one month].
144. Driving while under the
influence of drink or drug
Whoever while driving or attempting
to drive a motor vehicle is under the
influence of drink or drug to such
extent as to be incapable of
exercising proper control over the
vehicle, shall be punishable for a first
offence with imprisonment which may
extend to three months, or with fine
which may extend to one thousand
Taka, or with both, and for a
subsequent offence with
imprisonment which may extend to
two years, or with fine which may
extend to one thousand Taka, or with
both and his driving license shall be
suspended for a specified period.]
145. 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
punishable 140 [ for a first offence with
fine which may extend to five hundred
Taka and his driving license shall be
suspended for a specified period and
for a subsequent offence with
imprisonment for a term which may
extend to three months, or with fine
which may extend to five hundred
Taka or, with both].
146. Punishment for offence
relating to accidents
Section 258 Ch
13
Section 25
Ch13
Section 278
Ch15
21-416

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
Whoever fails to comply with the
provisions of clause (c) of sub section
(1) of section 102 or, of section 104
shall be punishable with imprisonment
for a term which may extend to 141 [
three months], or with fine which may
142
extend to [ five hundred] Taka, or
with both or, if having been previously
convicted of an offence under this
section, with imprisonment for a term
which may extend to
143 [ six months],
144
or with fine which may extend to [
one thousand] Taka, or with both.
147. Punishment for abetment of
certain offences
Whoever abets the commission of an
offence under section 143, or 145,
shall be punishable with the
punishment provided for the offence.
148. Racing or a trial of speed
Whoever without the written consent
of the Government permits or take
part in a race or trial of speed
between motor vehicles in any place
shall be punishable with imprisonment
for a term which may extend to 145 [
one month], or with fine which may
146
extend to [ five hundred] Taka, or
with both, and his driving license shall
be suspended for a period which may
extend to
147 [ one month].
149. 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 punishable with
imprisonment for a term which may
extend to one month or with fine
which may extend to two hundred and
fifty Taka, or with both, or, if as a
result of such defect an accident is
caused, causing bodily injury or
damage to property, with
imprisonment which may extend to
three months, or with fine which may
extend to one thousand Taka, or with
both.]
150. Using of motor vehicles
emitting smokes
(1) Whoever drives or causes or
allows or lets out a motor vehicle for
use in any public place, the smoke of
Section 350 Ch
21
Section 254 Ch
13
Section 176 Ch
10
Section 177 Ch
10
21-417

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
which would constitute a health
hazard, shall be punishable with fine
which may extend to 149 [ two hundred]
Taka.
(2) Any police officer not below the
rank of Sub Inspector of Police in
uniform authorised in this behalf by
150
the [ Authority or any Inspector of
Motor Vehicles or other persons
authorised in this behalf by the
Authority] may seize and detain such
vehicle for such time as may be
necessary to ascertain if the smokes
constitute a health hazard.
(3) No person shall be convicted of an
offence punishable under sub-section
(1) solely on the evidence of a witness
unless that opinion is based on a test
by the competent person.
151. 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 punishable with imprisonment
which may extend to two years, or
with fine which may extend to five
thousand Taka or with both:
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.
152. Using of motor vehicle without
registration or certificate of fitness
or permit
(1) Whoever drives a motor vehicle or
causes or allows a motor vehicle to be
used or let out a motor vehicle for use
in contravention of the provisions of
section 32 or without the certificate of
fitness under section 47 or the permit
required by sub section (1) of section
51 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 or to the maximum of
Section 174 Ch
10
Section 246 Ch
13
21-418

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
passengers and maximum weight of
luggage that may be carried on the
vehicle, 151 [ shall be punishable for a
first offence with imprisonment for a
term which may extend to three
months, or with fine which may extend
to two thousand Taka, or with both
and for any subsequent offence with
imprisonment for a term which may
extend to six months, or with fine
which may extend to five thousand
Taka, 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 to the Regional
Transport Committee within seven
days.
153. Agents and canvassers
without proper authority
Whoever engages himself as an
agent or canvasser in contravention of
the provisions of section 79 or any 152 [
regulations] made thereunder, shall
be punishable for first offence with
fine which may extend to one
thousand Taka and for any second or
subsequent offence with
imprisonment which may extend to
153 [ six months],
154 [ or with fine which
may extend to two thousand Taka] or
with both.
154. Driving vehicles 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 86 or of the
conditions prescribed under that
section or in contravention of any
prohibition or restriction imposed
under section 86 or section 88 shall
be punishable for a first offence with
fine which may extend to one
thousand Taka and for any
subsequent offence with
imprisonment for a term which may
extend to six months, or, with fine
which may extend to two thousand
Taka, or with both.]
155. Driving uninsured vehicle
Whoever drives a motor vehicle or
causes or allows a motor vehicle to be
Section 138 Ch
7
Section 193 Ch
12
Transferred to
Chapter 19
section 312
21-419

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
driven in contravention of the
provisions of section 109 shall be
punishable with 156 [ fine which may
extend to two thousand Taka.]
156. 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
punishable with imprisonment which
may extend to 157 [ three months] or
with fine which may extend to
158 [ two
thousand] Taka, or with both.
157. Obstruction in public street or
public place
Whoever causes obstruction in a
public street or public place by
keeping a motor vehicle for repair or
keeping or storing spare parts of
motor vehicles or any articles for sale
or keeps any article for any other
purposes causing obstruction to flow
of traffic shall be punishable with a
fine which may extend to 159 [ five
hundred] Taka and such vehicles or
spare parts or articles shall be liable
to confiscation.
158. Unauthorised 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 any part
of the body, or the speed governor or
the speed governor seal, or the taxi
meter (fare meter), or the taxi meter
seal of a motor vehicle shall be
punishable with imprisonment which
may extend to 160 [ three months], or
with fine which may extend to
161 [ one
thousand] Taka, or with both.
159. Special procedure for trial of
offences
(1) Notwithstanding anything
contained in the Code of Criminal
Procedure, 1898 (Act V of 1898), 162 [
a police officer not below the rank of
Sub-Inspector or Sergeant] or any
Inspector of Motor Vehicles
authorised in this behalf or other
person authorised in this behalf by the
163 [ Authority] shall frame a charge of
the offences punishable under
sections 137, 139, 140, 142, 146,
149, 150, 151, 152, 153, 154, 155,
156, 157 and 158 one copy of which
shall be delivered to the accused
356. Special procedure for trial of offence._
(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (Act V
of 1898), a police officer not below the
rank of Sub-Inspector or Sergeant, or any
Inspector of Motor Vehicles authorised in
this behalf, or any road transport officer or
other officer or person authorised in this
behalf, by the Government or by the
Authority, shall frame a charge of the
offence committed under this Act or the
rules or regulations made thereunder,
excepting a cognizable offence, one copy
of which shall be delivered to the accused
person who shall acknowledge receipt
Section 295 Ch
17
Section 179 ch
10
Section 298 Ch
17
Modified
21-420

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
person who shall acknowledge receipt
thereof under his signature or thumbimpression
and another copy to be
forwarded to the Superintendent of
Police or the Deputy Commissioner of
Police (Traffic) in the Metropolitan
Area or such authority as is notified by
the 164 [ Authority] in this behalf having
jurisdiction in the area in which the
offence is committed.
(2) The authorised police officer or
other authority shall impose a fine as
provided for, in the section, in the
charge and if the fine so specified is
paid at the specified place on or
before the specified date either in
cash or by money-order, no further
proceedings shall be taken against
the offender in respect of that offence.
(3) If the fine is not paid in the manner
specified in the charge, the
Superintendent of Police or the
Deputy Commissioner of Police
(Traffic) in the Metropolitan Area
having jurisdiction in the area in which
the offence was committed, or any
officer authorised by him in this
behalf, on receipt of a report from the
authorised police officer or other
authority may lay a complaint against
the offender before a court of
competent
jurisdiction.
(4) Where a person, on his failure to
pay the fine has been prosecuted
under sub section (3), the provision of
clause (b) of sub section (1) of section
165 shall not apply to him.
(5) Any person who refuses or avoids
to accept a copy of the charge made
over to him under this section or to
acknowledge receipt thereof, may be
arrested without warrant by the officer
acting under this section and shall, on
conviction before a Magistrate, be
punished in addition to any penalty
that may be incurred by him in respect
of the offence specified therein with
fine which may extend to two hundred
and fifty Taka.
thereof under his signature or thumbimpression
and another copy to be
forwarded to the Superintendent of Police
or the Deputy Commissioner of Police
(Traffic) in the Metropolitan Area or such
other officer or the authority or other
person as is notified by the Government or
by the Authority in this behalf, having
jurisdiction in the area, in which the
offence is committed.
(2) The authorised police officer or other
officer or authority shall impose a fine
equivalent to the penalty units provided for
the offence, in the charge and if the fine so
specified is paid at the specified office on
or before the specified date either in cash
or by some other manner prescribed, no
further proceedings shall be taken against
the offender in respect of that offence.
(3) If the fine is not paid in the manner
specified in the charge, the authorised
police officer or other officer or authority
may, lay a complaint against the offender
before a court of competent jurisdiction.
(4) Any person who refuses or avoids to
accept a copy of the charge made over to
him under this section or to acknowledge
receipt thereof, may be arrested without
warrant by the officer acting under this
section and shall, on conviction before a
court, be punished in addition to any
penalty that may be incurred by him in
respect of the offence specified therein
with fine equivalent to the maximum fine
provided for the offence.
357. Power to order appearance in court._
(1) Where a police officer, or a road transport
officer, or other authorized officer or
person, has reasonable grounds to believe
that any person has committed an offence
against this Act, he may, in lieu of applying
to the court for a summons, forthwith
serve upon that person, a notice in the
prescribed form, ordering that person to
appear before the nearest court of
competent jurisdiction or any authorized
Inserted new
21-421

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
160. Power of arrest without
warrant
(1) A police officer in uniform may
arrest without warrant any person who
commits in his view an offence
punishable under section 32 or
section 51 or section 143 or section
144 or section 145 or section 146 or
section 147 or section 148 or section
149 or section 154 or section 156.
(2) A police officer in uniform 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 or address
which the police officer 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 has
reason to believe that he will abscond
or otherwise avoid the service of a
summons.
(3) A police officer arresting without
warrant the driver of a motor vehicle
shall, if the circumstances so require,
take or cause to be taken any steps
he may consider proper for the safe
custody of the vehicle or to take it to
the nearest Police station.
(4) A police officer acting under this
section shall, as soon as possible,
intimate to the owner the place where
the vehicle has been removed or
where the driver has been taken and
in any case within twenty four hours of
the occurrence.
officer having jurisdiction to try the
offence, at a time and date to be stated in
such notice.
(2) Any person, who is served with a notice as
provided by sub-section (1), fails to appear
in person or by counsel, then, unless it
appears that it was not reasonably
possible for that person so to appear, the
court or the authorized officer may, if
satisfied that the notice was served, issue
a warrant for the arrest of that person
unless in the case of a compoundable
offence, that person has within the period
specified in the notice, been permitted to
compound the offence.
358. Power of arrest without warrant._
(l) Without prejudice to the powers of arrest
conferred on a police officer under any
other law for the time being in force, a
police officer in uniform may arrest without
warrant any person who drives a motor
vehicle in contravention of sub-sections
(1) or (2) of section 48 or in contravention
of section 100 or commits in his view an
offence under sections 253, 254, 255,
256, 257, 258, 259, 295, 298, 305, 306, or
308 or abets any offence under the above
mentioned sections or who uses a vehicle
in the commission of a cognizable offence.
(2) A police officer in uniform may arrest
without warrant-
(a) any person who being required under the
provisions of this Act to give his name and
address refuses to do so, or gives a name
or address which the police officer has
reason to believe to be false, or
(b) any person, who obstructs or attempts to
obstruct any police officer or any road
transport officer or any Inspector of Motor
Vehicles or other authorized officer or
person in the exercise of his powers and
discharge of his duties under the Act or
the rules or regulations made there under;
or
(c) any person concerned in an offence under
this Act or reasonably suspected to have
been so concerned, if the police officer
has reason to believe that he will abscond
or otherwise avoid the service of a
summons.
(3) A police officer arresting without warrant
the driver of a motor vehicle shall, if the
circumstances so require, take or cause to
be taken any steps he may consider
proper for the safe custody of the vehicle
or to take it to the nearest Police station.
(4) A police officer acting under this section
Modified
21-422

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
161. Power of police officer to
impound document
(1) Any police officer 165 [ not below
the rank of Sub-Inspector or
Sergeant] or any Inspector of Motor
Vehicles authorised in this behalf or
other person authorised in this behalf
166
by the [ Authority] may, if he has
reason to believe that any
identification mark carried on a motor
vehicle or any license, permit,
certificate of registration, certificate of
fitness, certificate of insurance or
other document produced to him by
the driver or person in charge of a
motor vehicle is a false document
within the meaning of section 464 of
the Penal Code 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 167 [ not below the
rank of Sub-Inspector or Sergeant] or
any Inspector of Motor Vehicles
authorised in this behalf or other
person authorised in this behalf by the
168 [ Authority] may, if he has reason to
believe that the driver or the
conductor, if any, 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 license held by
such driver or conductor and forward
it to the Court taking cognizance of
the offence and the said Court shall,
on the first appearance of such driver
or conductor before it, return the
license to him in exchange for the
temporary acknowledgement given
under sub section (3).
(3) A police officer or any Inspector of
Motor Vehicles or other person
seizing a license under sub section
(2) shall give to the person
surrendering the license a temporary
acknowledgement therefore and such
acknowledgement shall authorise the
holder to drive or to act as conductor
until the license has been returned to
him or until such date as may be
specified by the police officer or by
the Inspector of Motor Vehicles or by
other person in the acknowledgement,
whichever is earlier or the Court has
shall, as soon as possible, intimate to the
owner the place where the vehicle has
been removed or where the driver has
been taken and in any case within twentyfour
hours of the occurrence.
Section 264 Ch
13
21-423

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
otherwise ordered.
162. Power to detain vehicles used
without certificate of registration or
certificate of fitness or permit
Any police officer or any Inspector of
Motor Vehicles authorised in this
behalf or other person authorised in
this behalf by the 169 [ Authority] 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 32 or without the
certificate of fitness required by sub
section (1) of section 47 or without the
permit required by sub section (1) of
section 51 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:
Provided that, where any such officer
or person has reason to believe that a
vehicle has been or is being used
without the certificate of fitness
required by sub section (1) of section
47 or without the permit required by
sub section (1) of section 51, he may,
instead of seizing the vehicle, seize
the certificate of registration of the
vehicle, and shall issue an
acknowledgement in respect thereof.
163. Power to charge certain
offenders on the spot
(1) Notwithstanding anything to the
contrary contained in this Ordinance
or any other law for the time being in
force, a police officer in uniform, not
below the rank of a sub-Inspector or
Sergeant, specially empowered in this
behalf by the competent authority or
any Inspector of Motor Vehicles or
other persons authorised in this behalf
by the 170 [ Authority], may, in any area
to be notified by the
171 [ Authority] in
this behalf, charge on the spot any
person who, in his presence or view,
commits any of the offences set forth
in the Twelfth Schedule with the
Commission of that offence.
Explanation. For the purpose of the
sub section, “competent authority”
shall be such authority as may be
172
notified by the [ Authority].
(2) An officer acting under sub section
(1) shall draw up the charge in the
form prescribed, specifying the nature
359. Power to charge certain offenders on
the spot._
(1) Notwithstanding anything to the contrary
contained in this Act or any other law for
the time being in force, a police officer in
uniform, not below the rank of a Sub-
Inspector or Sergeant, specially
empowered in this behalf by the
competent authority or any Inspector of
Motor Vehicles or any road transport
officer or any other officer or persons
authorized in this behalf by the
Government or by the Authority, may in
the respective jurisdiction, or in any area
to be notified by the Government or by the
Authority in this behalf, charge on the spot
any person who, in his presence or view,
has commited or is guilty of any offence
specified in the schedule or prescribed
under this section or under section 353,
with the commission of that offence unless
the offence is an offence punishable with
imprisonment and/or penalty greater than
fifteen penalty units, and may serve a
Section 265 Ch
13
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
of the offence, the fine as mentioned
against such offence in the Twelfth
Schedule payable in respect thereof
and the accused person shall pay the
fine on the spot by means of stamps
to the officer who made the charge
and shall receive an
acknowledgement therefore.
(3) If the accused person has refused
to receive the copy of the charge or if
the fine is not paid in the manner
specified in sub section (2), the officer
acting under sub section (1) shall
arrange to send the vehicle which has
been used in the commission of the
offence to the officer in charge of the
nearest police-station who shall keep
the vehicle in his custody and shall
release it as soon as the fine is paid
and shall also send an intimation to
the officer who forwarded the vehicle.
(4) The accused person may, prefer
an appeal to the court which is
competent to hear appeals against
the orders or sentences of
Magistrates of the third class and the
decision of the appellate authority in
this respect shall be final.
prescribed notice alongwith the charge on
such person, offering such person the
opportunity of the discharge of any liability
to the conviction of that offence by the
payment of a penalty fixed or prescribed
for that offence under this section.
Explanation- For the purpose of the subsection,
"competent authority" shall be the
Authority or such other authority as may
be notified by the Government or by the
Authority.
(2) A notice under sub-section (1) may be
addressed to the owner or driver of the
motor vehicle, if available, without stating
his name or address and may be served
personally or by affixing it to the motor
vehicle.
(3) A notice affixed to a motor vehicle under
sub-section (2) shall not be removed or
interfered with except by or under the
authority of the owner or driver liable for
the offence in question; and any person,
who contravenes this sub-section, shall be
guilty of an offence.
(4) An officer, or other person acting under
sub-section (1), shall draw up the charge
in the form prescribed, specifying the
nature of the offence, the penalty units as
prescribed against such offence, and the
amount payable in respect thereof, and
the accused person shall pay the fine in
the manner prescribed, to the officer who
made the charge, or at such time and at
such office as may be specified in the
notice, and shall receive an
acknowledgement therefor.
(5) If, the accused person refuses or avoids to
accept the charge made over to him under
this section, or ignores it or if the penalty
fixed is not paid within the time and in the
manner specified in the notice served
under sub-section (1), the officer acting
under sub-section (1) shall, arrange to
send the vehicle which has been used in
the commission of the offence, to the
officer-in-charge of the nearest policestation
or police out post, who shall keep
the vehicle in his custody, and shall
release it as soon as the fine and any cost
incurred in carrying out the provisions of
this section is paid, and shall also send an
intimation to the officer who forwarded the
vehicle.
(6) Where the amount of any fixed penalty for
an alleged offence is paid pursuant to this
section, no person shall be liable for any
further proceedings for the alleged
offence.
(7) If the fine fixed is not paid in the manner
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
164. Deprivation of driving license
(1) Notwithstanding anything to the
contrary contained in this Ordinance
or any other law for the time being in
force, any police officer of or above
the rank of Superintendent of Police
specified in the charge, the
Superintendent of Police in the district or
the Deputy Commissioner of Police
(Traffic) in the Metropolitan Area, having
jurisdiction in the area in which the offence
was committed, or any officer authorised
by him in this behalf, or any officer
authorized by the Authority, on receipt of a
report from the authorised police officer or
other officer or authority acting under subsection
(1), may lay a complaint against
the offender, before a court of competent
jurisdiction; and on conviction by the court,
such accused person shall be liable to
pay, in addition to the fixed penalty
specified for the offence committed, a fine
equal to the amount of fixed penalty
awarded.
(8) The accused person may, prefer an
appeal to the court which is competent to
hear appeals against the orders or
sentences of magistrates of the second
class and the decision of the appellate
authority in this respect shall be final and
binding upon the parties involved.
(9) Any offences or any penalty prescribed
under sub-section (1), shall be placed
before the Parliament for approval, as
soon as possible, when it is in session;
and the offences or any penalty prescribed
or any part of it, not approved by the
Parliament, shall not be valid without
prejudice to the validity of anything
previously done there under or to the
making of new order or notification.
(10) The Government or the Authority may
make rules or regulations-
(a) to prescribe the offences to which this
section shall apply;
(b) to prescribe the amount of penalty payable
under this section for any prescribed
offence;
(c) to prescribe different amounts of penalties
for different prescribed offences or for the
same offence having regard to the
circumstances thereof; and
(d) to make provision as to any matter
incidental or expedient to the operation of
this section.
(11) This section is supplemental to and not in
derogation of any other provisions of this
Act.
Section 81 Ch 3
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
or Deputy Commissioner 173 [ or an
officer of the Authority not below the
rank of Assistant Director having
jurisdiction over the area] specially
174
empowered in this behalf by the [
Authority], or any other person
175
empowered in this behalf by the [
Authority], may deprive any person
from holding the driving license for a
period which may extend to three
months, who, in his presence or view,
commits any or the misdemeanours in
traffic as mentioned hereunder-
(a) driving against red light; or-
(b) overtaking just before or on the
pedestrian crossing or where
overtaking is prohibited; or
(c) driving on to a main road without
stopping and exceeding the speed
limit indicated on the road; or
(d) not giving way to other vehicle
intentionally;
or
(e) driving in opposite direction on one
way road; or
(f) any other matter as may be
prescribed.
(2) Any officer acting under sub
section (1) shall seize any driving
license held by such driver and shall
give to the person surrendering the
driving license an acknowledgement
therefor, specifying the period of
deprivation and the nature of offence
thereof and the name of the licensing
authority to whom report shall be
made on the expiry of the said period
for getting back the driving license.
(3) The authority making the order
under sub section (1) shall endorse
the period of deprivation and reasons
thereof in the driving license and shall
forward it to the licensing authority
having jurisdiction over the area or the
licensing authority who issued it or
last renewed it.
(4) The licensing authority, on receipt
of the driving license, shall enter the
endorsement in the record and keep
the license until the period of
deprivation expires and thereafter
shall return the license to the holder in
exchange of the acknowledgement
given under sub section (2).
(5) If, at the time of committing the
offence, the driving license is not in
the possession of the person
committing the offence, the authority
acting under sub-section (1) may take
or cause to be taken any steps he
may consider proper for the disposal
of the case.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
165. Summary disposal of cases
(1) A Court taking cognizance of an
offence under this Ordinance shall,
unless 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 two hundred and fifty Taka
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 license to the Court with the letter
containing his plea in order that the
conviction may be endorsed on the
license.
(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 license by
reason of his having pleaded guilty.
166. Cognizance of offences
Every Court of competent jurisdiction
or any other competent authority
unless otherwise provided, shall take
cognizance of any offence committed
under this Ordinance or the rules
made thereunder when reported by
any member of the 176 [ * * *] Authority
or the Transport Committee or any
Inspector of Motor Vehicles or any
office of the Transport Department
authorised in this behalf by the
Chairman of the
177 [ * * *] Authority or
by the Transport Committee or by the
Government.
360. Summary disposal of cases._
(1) A court or other authority taking
cognizance of an offence under this Act
shall, unless the offence is an offence
punishable with imprisonment and/or with
penalty more than fifteen units, state upon
the summons to be served on the accused
person that he may-
(a) appear by pleader and not in person, or
(b) by a specified date prior to the hearing of
charge, plead guilty to the charge by
registered letter and remit to the court or
other authority, such sum not exceeding
the sum equivalent to the penalty units
provided for the offence.
(2) Where an accused person pleads guilty
and remits the sum specified 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 license by reason of his having
pleaded guilty.
361. Cognizance of offence._
(1) Every Court of competent jurisdiction or
any other competent authority unless
otherwise provided, shall take cognizance
of any offence committed under this Act or
the rules or regulations made there under
when reported by any member of the
Authority or by the RTA or any Inspector
of Motor Vehicles or any road transport
officer or any police officer, or other officer
or person authorized in this behalf by the
Government or by the Authority.
(2) Whoever uses or cause or permit or allow
use of a motor vehicle in the commission
of a cognizable offence or for any other
illegal or immoral purposes shall be guilty
of an offence.
362. Service of notices and summonses._
(1) All notices, orders and other documents,
which any office or officer is empowered
to give by this Act, or any rules or
regulations made there under, may be
given by any officer duly authorised by the
Head of the office, or by the empowered
Modified
Modified
Inserted new
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
officer himself.
(2) Every summons issued for an offence
under this Act, and every notice, order or
other document required or authorised to
be given or served under this Act, may be
served on any person —
(a) by delivering it to the person or to some
adult member of his family or an adult
employee of the person at his usual or last
known place of residence;
(b) by leaving it at the usual or last known
place of residence or place of business of
the person in a cover addressed to him;
(c) by sending it by registered post in a
prepaid letter addressed to the person at
his usual or last known place of residence
or business or any address furnished by
him; or
(d) in the case of a notice to be served on a
person whose usual or last known place of
residence or business cannot, with
reasonable diligence, be ascertained, by
publication of such notice in the official
Gazette and in one or two well circulated
daily news paper.
(3) Where any summons, notice, order or
document is served on any person by
registered post, it shall be deemed to have
been served within such time as it would
take to arrive in the ordinary course of
transmission and in proving service of the
same it shall be sufficient to prove that the
envelope containing the summons, notice,
order or document was properly
addressed, stamped and posted by
registered post.
(4) Where, a police officer or an employee of
the Authority or of the Road Transport
Department or of any other office,
authorised in this behalf, has reasonable
grounds to believe that, a person has
committed an offence under this Act, or
any rules or regulations made there under,
he may, immediately serve upon that
person a prescribed notice (prepared in
duplicate), requiring that person to attend
at the hour and on the date specified, and
at the court or office described in the
notice.
(5) A duplicate of the notice shall be
preserved by the police officer or other
officers acting under this section, as the
case may be, and if so required by a court,
produce it to the court.
(6) When an accused person, appears before
a court, in pursuance of a notice under
sub-section (4), the court shall take
cognizance of the offence(s) alleged, and
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
167. Restriction on conviction
(1) No person prosecuted for an
offence, punishable under section 142
or section 143 shall be convicted
unless-
(a) within twenty one 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
(b) within thirty days of the
commission of the offence, a
summons for the offence was served
on him:
shall proceed, as if he were produced
before it, in pursuance of section . . . . of
the Code of Criminal Procedure, 1898 (Act
V of 1898
(7) If a person, upon whom a notice under
sub-section (4) has been served, fails to
appear before a court in person or by
counsel in accordance to the notice, the
court may, if satisfied that the notice was
duly served, issue a warrant for the arrest
of the person, unless in the case of an
offence which may be compounded, and
that person has, before that date been
permitted to compound the offence
(8) When a person, arrested in pursuance of
a warrant issued under sub-section (7), is
produced before a court, it shall-
(a) proceed, as if he were produced before it
under section . . . . of the Code of
Criminal Procedure, 1898 (Act V of 1898;
and
(b) at the conclusion of the proceedings, call
upon him to show cause why he should
not be punished for failing to attend in
compliance with the notice served upon
him;
and if no saisfactory cause is shown, may
order him to pay such fine, or may commit
him to prison for such a term, as the court
thinks fit
(9) A police officer not below the rank of a
Deputy Commissioner of Police or Deputy
Director of the Authority or of the Road
Transport Department or of such other
office, having jurisdiction over the area,
specially authorised by name in this
behalf, by the Government or by the
Authority, by notification in the official
Gazette may, at any time before the date
specified in the notice issued under subsection
(4), cancel the notice.
363. Restriction on conviction._
(1) If, as a result of an accident by a vehicle,
bodily injury to any person or damage to
any property is caused and if, the victim
and/or the owner of the property, and the
driver or the owner or the in charge of the
vehicle(s) involved, agrees in writing to
settle the matter outside the court, then no
proceedings shall lie against the driver(s)
or the owner(s) of the vehicle(s) involved.
(2) No person prosecuted for an offence
committed under section 253 shall be
convicted unless-
(a) within twenty-one days from the
commission of the offence, a notice
specifying the nature of the offence and
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
Provided that, nothing in this section
shall apply where the Court is
satisfied that-
(i) The failure to serve the notice or
summons referred to in this subsection
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
(ii) such failure was brought about by
the conduct of the accused.
(2) No Court shall, unless otherwise
provided, make any award of less
than twenty five per cent of the
maximum fine provided for the
offence punishable under this
Ordinance.
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
(b) within thirty days of 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-
(i) 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
(ii) such failure was brought about by the
conduct of the accused.
168. Courts to send intimations
about conviction
Every Court by which any person
holding a driving license or a
conductor's license or a permit is
convicted of an offence under this
Ordinance or an offence in the
commission of which a motor vehicle
was used shall send intimation to-
(a) the licensing authority which
issued the driving license or the
conductor's
license;
(b) the licensing authority which last
renewed the driving license or the
conductor's
license;
(c) the Transport Committee which
issued the permit and the authority
which countersigned it;
and every such intimation shall state
the name and address of the holder of
the license, the license number, the
date of issue and renewal of the
same, the permit number, the date of
issue and renewal of the permit the
nature of the offence, the punishment
awarded for the offence and such
other particulars as may be
prescribed.
169. Jurisdiction of Courts
No Court inferior to that of a
Magistrate of the second class shall
364. Courts to send intimations about
conviction._
Every Court by which any person holding
a driving license, or a vocational license,
or a permit, or any other license or
certificate or document is convicted of any
offence under this Act, or an offence in the
commission of which a motor vehicle was
used, shall send intimation to-
(a) the licensing authority which issued the
driving license or the vocational license;
(b) the licensing authority in whose record the
driving license or the vocational license is
at the time of committing the offence;
(c) the Authority or the RTA or the other
authority which issued the permit, PTS
license or franchise and the authority
which countersigned it; and
(d) the registering authority in whose record
the vehicle is, at the time of committing the
offence;
and every such intimation shall state the
name and address of the holder of the
license, the license number, the date of
issue and renewal of the same, the permit
number, the, date of issue and renewal of
the permit, PTS license or franchise, the
registration number of the vehicle, the
nature of the offence, the punishment
awarded for the offence and such other
particulars as may be prescribed.
365. Jurisdiction of Courts._
Any Court, not inferior to that of a
Magistrate of the second class, or any
Modified
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
try any offence punishable under this
Ordinance or any 178 [ rules or
regulations] made thereunder.
170. Compounding of Offences
Notwithstanding anything contained in
the Code of Criminal Procedure, 1898
(Act V of 1898), an offence
punishable under sections 137, 139,
140, 142, 146, 149, 151, 152, 153,
154, 155, 156 and 158, may be
compounded by any Magistrate of the
first or second class or any police
officer of or above the rank of Deputy
Superintendent of Police specially
authorised in this behalf by the
Government and the cases may be
disposed of in the manner as may be
prescribed.
officer of the road transport department or
of the Authority not below the rank of
Assistant Director, specially empowered in
this behalf by the Government, may try
any offence punishable under this Act or
any rules or regulations made thereunder:
Provided that the Government may, if
considers expedient so to do, with the
consent of the Ministry of Law or the
Attorney-General, constitute tribunals as
may be necessary, for the purpose of trial
of offences by the use of a motor vehicle
causing death or bodily injury to any
person. .
366. Compounding of Offence._
(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (Act V
of 1898) an offence committed excepting
a cognizable offence or an offence under
sections 191, 253, 254, 255, 256, 257,
258, 259, 295, 298, 305, 306 and 308, or
as prescribed, may, either before or after
the institution of the prosecution, be
compounded by any Magistrate of the first
or second class or any police officer of or
above the rank of Superintendent of
Police or any officer of the road transport
department or the Authority of or above
the rank of Deputy Director or any Taxing
Officer or any officer of the road or
highway authority, of or above the rank of
an Executive Engineer, or an officer of
the similar status of the appropriate
authority, specially authorised by name or
by office in this behalf, by the Government
or by the Authority, and the cases may be
disposed of in the manner and on the
conditions, as may be prescribed, by
collecting from the person reasonably
suspected of having committed the
offence, a sum not less than the fine
specified for the offence and the tax or fee
due, if any.
(2) Where an offence has been compounded
under this section, the offender, if in
custody, shall be discharged and no
further proceedings shall be taken against
him in respect of such offence.
(3) Where any offence is compounded,
pursuant to sub-section (1), the Magistrate
or other officer acting under this section,
shall send particulars of such offence, to
the Authority or other prescribed authority
in the prescribed manner.
Modified
171. Power to levy fee Transferred to
Ch 2 section 22
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXI
172. Power to make 181 [ regulations]
[ Authority may make
regulations] for carrying out the
purposes of this Chapter.
The 182
367. Power to make regulations._
(1) The Authority may make regulations for
the purposes of carrying into effect or to
supplement the provisions of this Chapter.
(2) Without prejudice to the generality of the
foregoing power, the regulations under
this Chapter may be made with respect to
all or any of the following matters namely:-
(a) the forms to be used for the purposes of
this Chapter;
(b) procedure for submission of prosecution,
summons, evidence, compounding of
offences, trial of offence, intimation of
conviction, realisation of fine and
maintenance and utilization of fund
thereof, submission of reports and returns;
and
(c) any other matter which is to be or may be
prescribed.
Modified
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
Table of Contents
DRAFT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XXII : MISCELLANEOUS ..................................................................................................... 434
368. Publication of and commencement of rules or regulations._ .......................................... 434
369. Declaration by the applicant._ ............................................................................................... 435
370. Effect of laws inconsistent with the Act._ ........................................................................... 436
371. Repeal and savings._ ............................................................................................................... 436
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXII
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV
OF 1983)
Modified upto November, 1990
DRAFT
THE PROPOSED ROAD TRANSPORT AND
TRAFFIC ACT, Act No. ………………of
……………
Proposed a new
law to replace the
MVO 1983
CHAPTER XI
MISCELLANEOUS CHAPTER XXII : MISCELLANEOUS Modified
173. Publication of and
commencement of 183 [
regulations]
(1) Every power to make rules
given by the this Ordinance is
subject to the condition of the 184 [
rules or regulations] being made
after previous publication.
185
(2) All [ rules or regulations]
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.
186 [ (3) All regulations under this
Ordinance shall be made with the
previous approval of the
Government.]
187 [
174. Officers to exercise
powers of police officers
The Government may, by rules,-
(a) authorise any officer of the
Authority to exercise the powers
exercisable by a police officer
under this Ordinance;
(b) prescribe conditions under
which such powers shall be
exercised;
(c) prescribe the uniform to be
worn by such officers while
exercising such powers.]
-
368. Publication of and commencement of
rules or regulations._
(1) Every power to make rules or regulations
given by this Act is subject to the condition of
the rules or regulations being made after
previous publication.
(2) All rules or regulations made under this Act
shall be published in the official Gazette, and
shall unless some later date is appointed,
come into force on the date of such
publication.
(3) All regulations under this Act shall be made
with the previous approval of the
Government.
(4) In the absence of necessary rules and
regulations under this Act, or till such time
necessary rules and regulations under this
Act are made, the purposes of this Act may
be carried out, in accordance to the rules or
regulations made under the said Ordinance
or the said Act, unless inconsistent, or in
accordance to the orders or instructions
issued, either by the Government or by the
Authority, as may be appropriate under the
relevant provision of the Act.
(5) Any rules or regulations made under this
section, if found conflicting or inconsistent
with any provisions of the Act, and likewise
any regulations made, if found, conflicting or
inconsistent with any rules; the whole or any
part of the rules or regulations as the case
may be, which is conflicting or inconsistent,
shall be of no effect.
Transferred to Ch
2 sec 25
Section 17A
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXII
176. Effect of appeal and
revision on order passed by
original authority
Transferred to Ch
2
Section 44
(1) Where an appeal has been
preferred or an application for
revision has been made against
any order passed by an original
authority under this Ordinance,
the appeal or the application for
revision shall not operate as a
stay of the order passed by the
original authority and such order
shall remain in force pending the
disposal of the appeal or the
application for revision, as the
case may be, unless the
prescribed appellate authority or
revisional authority otherwise
directs.
(2) Notwithstanding anything
contained in sub section (1), if
application made by a person for
renewal of permit has been
rejected by the original authority
and such person has preferred an
appeal or made an application for
revision under this Ordinance
against such rejection, the
appellate authority or, as the case
may be, the revisional authority
may by order direct that the
permit shall, notwithstanding the
expiration of the term specified
therein, continue to be valid until
the appeal or the application for
revision is disposed of.
369. Declaration by the applicant._
(1) Every application for a licence, permit,
certificate, authorization, or any other
document or plate, badge or mark or for any
alteration, addition or renewal or duplicate of
such licence, permit, certificate,
authorization, or other document or plate,
badge or mark made under this Act or any
rules or regulations thereunder shall be
verified by the oath or affirmation of the
applicant, either individually or in the event of
an applicant is an organisation by an officer
thereof and shall be accompanied by such
documents, levy or fees as may be
prescribed or determined in this respect.
(2) Any person who makes any false affidavit, or
knowingly swears or affirms falsely to any
matter or thing required by the terms of this
Act or any rules or regulations there under to
be sworn to or affirmed, is guilty of perjury
and upon conviction shall be punishable by
fine or imprisonment as other persons
22-435

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
CHAPTER -XXII
committing perjury are punishable under the
law for the time being in force and the
documents or badge or mark so obtained
shall be of no effect.
370. Effect of laws inconsistent with the
Act._
Notwithstanding anything inconsistent or
contrary therewith contained in any other law
for the time being in force or in any rule,
reulation, bye-law, instrument or contract, the
provisions of this Act and the rules and
regulaions made there under shall have
effect and will prevail upon those provisions
or laws.
177. Repeal and savings
(1) The Motor Vehicles Act, 1939
(Act IV of 1939), hereinafter
referred to as the said Act, is
hereby
repealed.
(2) Notwithstanding the repeal of
the said Act, any notification, rule,
regulation or notice issued, or any
appointment or declaration made,
or any licence, permission or
exemption granted, or any
confiscation made or any penalty
or fine imposed, or any forfeiture,
cancellation, or any other thing
done or any other action taken
under the said Act shall, so far as
it is not inconsistent with the
provisions of this Ordinance, be
deemed to have been issued,
made, granted, imposed, done or
taken under the corresponding
provision of this Ordinance.
(3) If any conductor's licence to
act as a conductor of a stage
carriage or contract carriage (by
whatever name called) has been
granted by any licensing authority
and is effective before the
commencement of this
Ordinance, it shall continue to be
effective for the period for which it
would have been effective had
the Motor Vehicles Ordinance,
1983, not been promulgated, and
every such conductor's licence
shall be deemed to be
conductor's licence granted under
this Ordinance as if this
Ordinance has been in force on
the date on which that conductor's
licence was granted.
371. Repeal and savings._
(1) The Motor Vehicles Ordinance, 1983
(Ordinance No. LV of 1983) and the Motor
Vehicles Tax Act 1932 (Ben Act 1 of 1932)
hereinafter referred to as the said Ordinance
and the said Act are hereby repealed.
(2) Notwithstanding the repeal of the said
Ordinance and the said Act any notification,
rule, regulation or notice issued, or any
appointment or declaration made, or any
licence, permit, plate, mark, certificate, or any
other document issued in respect of a motor
vehicle, driver or worker, or any other person
or any increase or reductionof fees or taxes,
or any permission or exemption granted, or
any confiscation made or any penalty or fine
imposed, or any forfeiture, cancellation, or
any other thing done or any other action
taken under the said Ordinance or the said
Act shall, so far as it is not inconsistent with
the provisions of this Act be deemed to have
been issued, made, granted, imposed done
or taken under the corresponding provision of
this Act, and shall continue in force until it
expires, or is varied amended or revoked
there under.
22-436

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Existing Law and its provisions Proposed Law and its provisions Remarks
THE MOTOR VEHICLES
ORDINANCE, 1983 (ORD NO LV OF
1983)
Modified up to November, 1990
DRAFT
THE PROPOSED ROAD TRANSPORT
AND TRAFFIC ACT, Act No.
………………of ……………
Proposed a new law
to replace the MVO
1983
THE SCHEDULES
1 to 12
THE SCHEDULE
[See section 353 sub-sections (2) and (5)]
PUNISHMENTS FOR OFFENCES
Modified
Offence
Code
General Description of Offence
Section
Creating
the
Offence
Punishments
(1) (2) (3) (4)
Hazardous Driving
1001 Cause death of another person by the
driving of a motor vehicle on a road-
(a) without driving license or with
improper license; or
(b) which was defective; or
(c) while using or responding a
mobile telephone; or
(d) with earplugs in both ears or
while wearing a headset covering
both ears; or
(e) recklessly or dangerously; or
(f) in an unauthorized racing or trial
of speed.
(g) negligently or without due care or
reasonable consideration; or
(h) with unlawful blood alcohol level;
or
(i) with defective eyesight or with
any other disease or disability or
in fatigue or unfit condition.
1002 Cause grievous bodily injury to
another person by the driving of a
motor vehicle on a road-
(a) without driving license or with
improper license; or
(b) which was defective; or
(c) while using or responding a
mobile telephone; or
(d) with earplugs in both ears or
while wearing a headset covering
both ears; or
(e) recklessly or dangerously; or
(f) in an unauthorized racing or trial
of speed.
(g) negligently or without due care or
reasonable consideration; or
(h) with unlawful blood alcohol level;
or
(i) with defective eyesight or with
any other disease or disability or
in fatigue or unfit condition.
48(6), 66,
72, 246(1)
176
229(1)
230(1)
253(2)
254(2)
257(1)
258(2),
70(3)
259(1),
69(3),
70(3)
48(6), 66,
72, 246(1)
176
229(1)
230(1)
253(2)
254(2)
257(1)
258(2),
70(3)
259(1),
69(3),
70(3)
Imprisonment: May extend to
five years; and/or
Penalty: Not less than 50 units
and may extend to 500 units or
both; and
adequate compensation to the
heirs of the victim
Demerit points: Eight
Mandatory disqualification for
at least three years which may
extend to life time
Imprisonment: May extend to
three years; and/or
Penalty: Not less than 25 units
and may extend to 250 units or
both; and
adequate compensation to the
victim
Demerit points: Five
Mandatory disqualification for
at least one year which may
extend to three years
Remarks
S-437

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
Section
Creating
the
Offence
Punishments
Remarks
1003 Cause bodily injury to another person
or damage to the property of another
person by the driving of a motor
vehicle on a road-
(a) without driving license or with
improper license; or
(b) which was defective; or
(c) while using or responding a
mobile telephone; or
(d) with earplugs in both ears or
while wearing a headset covering
both ears; or
(e) recklessly or dangerously; or
(f) in an unauthorized racing or trial
of speed.
(g) negligently or without due care or
reasonable consideration; or
(h) with unlawful blood alcohol level;
(i)
or
with defective eyesight or with
any other disease or disability or
in fatigue or unfit condition.
48(6), 66,
72, 246(1)
176
229(1)
230(1)
253(2)
254(2)
257(1)
258(2),
70(3)
259(1),
69(3),
70(3)
Imprisonment: May extend to
one year; and/or
Penalty: Not less than 10 units
and may extend to 100 units or
both; and
adequate compensation to the
injured person and/or to the
owner of the damaged
property
Demerit points: Five
Mandatory disqualification for
at least three month which
may extend to one year
1004 Drive or allow or cause to be driven a
motor vehicle or trailer or a
combination thereof, which is unsafe
or has any defect and which is a
source of danger to any other person
or vehicle.
1005 Drive recklessly or at a speed or in a
manner which is dangerous.
1006 Permit or take part in unauthorized
racing or trial of speed between motor
vehicles in any place.
176 Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Demerit points: Five
253(1) Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Demerit points: Five
254(2) Imprisonment: May extend to
six months; and/or
Penalty: 30 units or both
Demerit points: Three
1007 Drive carelessly or inconsiderately 257 Imprisonment: May extend to
six months; and/or
Penalty: 30 units or both
Demerit points: Three
1008 Drive while under the influence of any
drink or drug or intoxicating substance
to such an extent as to be incapable
of having proper control over the
vehicle.
1009 Drive or be in charge of motor vehicle
with unlawful blood alcohol level.
1010 Drive, a motor vehicle with defective
eyesight or with any other disease or
disability likely to cause driving to be
a source of danger to the public.
1011 Drive when mentally or physically
unfit to drive
258(1),
70(3)
258(1),
70(3)
259(1),
69(3),
70(3)
259(1),
70(3)
Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Demerit points: Five
Imprisonment: May extend to
six months; and/or
Penalty: 30 units or both.
Demerit points: Three
Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Demerit points: Five
Imprisonment: May extend to
six months; and/or
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
S-438

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
Speeding
1012 Exceed speed limit in a vehicle by
more than 25 kilometers hour
1013 Exceed speed limit in a vehicle by 25
Km/h or less
1014 Drive at excessive speed approaching
an inter-section or school or
pedestrian crossing or rail-road
crossing or in urban area
1015 Drive on to a main road exceeding the
speed limit indicated on the road.
1016 Drive or cause or allow or permit a
motor vehicle to be driven in
contravention of any restrictions or
prohibition imposed under the Act or
the rules or regulation made there
under in respect of speed limit.
Weight and dimension
1017 Drive, permit or allow or cause a
motor vehicle to be driven exceeding
permissible axle weight
1018 Drive, permit or allow or cause a
motor vehicle to be driven exceedingi.
the permissible dimensions; or
ii. the maximum of load projections
prescribed.
1019 Contravene restrictions or weight limit
on bridges
1020 Drive or permit to drive a motor
vehicle exceeding the laden weight or
permissible maximum weight by 2
tons or less.
1021 Drive or permit to drive a motor
vehicle exceeding laden weight or
permissible maximum weight by more
than 2 tons
1022 Drive, permit or allow or cause a
motor vehicle to be driven in
contravention of any restrictions or
prohibitions imposed under the Act or
the rules or regulation made there
under regarding vehicle weight,
dimensions, loading or unloading.
Section
Creating
the
Offence
191(1),
189(6)
191(1),
189(6)
191(2),
188(2)
189(6)
191(2),
188(2)
189(6)
191,
189(6)
Punishments
Penalty: 30 units or both
Demerit points: Three
Penalty: 50 units, additional
two units for each Km over
permissible maximum speed
Demerit points: Five
Suspension of the driving
license for specified period
Penalty: 25 units, additional
one unit for each Km over
permissible maximum speed
Demerit points: Two
Penalty: 30 units
Demerit points: Three
Penalty:30 units
Demerit points: Three
Penalty: 25 units
Demerit points: Two
192(6)(7) Penalty: 25 units
Demerit points: Two
192(6)(7),
193(4)(5)
Penalty: 25 units
Demerit points: Two
204(2) Penalty: 30 units
Demerit points: Three
192(6)(7) Penalty: 25 units, for each ton
of excess weight or fraction
Demerit points: Two
192(6)(7) Penalty: 50 units, additional 10
units for each ton of excess
weight or fraction over 2 tons
Demerit points: Five
Suspension of permit or the
driving license for specified
period
192, 193,
194, 195,
198, 189,
Penalty: 25 units
Demerit points: Three
Remarks
Applicable
to NMV
Applicable
to NMV
Overtaking or passing
1023 Overtake when overtaking is 257(2) Penalty: 30 units Applicable
S-439

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
Section
Creating
the
Offence
Punishments
prohibited or when overtaking is
Demerit points: Three
unsafe.
1024 Overtake or pass improperly or 257(2), Penalty: 30 units
dangerously or crossing double lines 189 Demerit points: Three
or a centre line or separation line.
1025 Increase speed or fail to move to the 257(2) Penalty: 15 units
left when being overtaken.
Demerit points: One
1026 Pass stationary vehicle at pedestrian 268(5) Penalty: 15 units
crossing.
Demerit points: One
Failing to stop or giveaway
1027 Fail to stop and yield before entering 188(2) Penalty: 15 units
the main road, intersection or junction
Demerit points: One
or rail-road crossing
1028 Fail to stop at a red light or at an 189(6) Penalty: 15 units
intersection.
Demerit points: One
1029 Fail to stop or give way at a give way 189(6) Penalty: 15 units
sign or at a stop sign
Demerit points: One
1030 Fail to stop or give way at a rail-road 189(6) Penalty: 15 units
crossing.
Demerit points: One
1031 Fail to give way to the vehicles
203 Penalty: 15 units
approaching on the roadway to be
Demerit points: One
entered or crossed.
1032 Fail to yield right of way to emergency 214 Penalty: 15 units
vehicle.
Demerit points: One
1033 Fail to yield the right of way to any 223(1)(4) Penalty: 15 units
authorized vehicle or pedestrian
Demerit points: One
actually engaged in work upon a road
or highway.
1034 Fail to give way to other vehicle 257(2) Penalty: 15 units
Demerit point: One
1035 Fail to stop or give way during turns 257(2), Penalty: 15 units
205 Demerit point: One
1036 Fail to stop or give way at a
268 Penalty: 15 units
pedestrian crossing.
Demerit points: One
1037 Fail to allow a pedestrian pass the 268(2) Penalty: 15 units
crossing unimpeded and safely
Demerit point: One
1038 Fail to stop on the appropriate line 268(3) Penalty: 15 units
near the pedestrian crossing so
Demerit points: One
marked
Lateral Position
1039 Fail to keep the vehicle in the correct
position while negotiating turning or
round about or at intersection.
202, 203,
205
Penalty: 10 units
Demerit point: One
1040 Pass to the right of a right turning
vehicle.
205(3) Penalty: 15 units
Demerit points: One
1041 Change lane without signal or in 203 Penalty: 10 units
unsafe manner
Demerit point: One
1042 Fail to use a designated lane 203 Penalty: 10 units
Demerit point: One
1043 Unlawful, unsafe or incorrect turning 205 Penalty: 10 units
(right, left, around or reversing)
Demerit point: One
1044 Fail to keep left of oncoming vehicle. 202, 203 Penalty: 15 units
Demerit points: One
1045 Drive on or over or to the right of 202, 203, Penalty: 15 units
double lines or divided road or
189 Demerit points: One
highway.
Remarks
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable to
NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
S-440

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
Section
Creating
the
Offence
Punishments
1046 Fail to keep left of centre 202, 189 Penalty: 15 units
Demerit point: One
1047 Drive in improper lane of 3 or 5 lane 202, 203 Penalty: 15 units
carriageway
Demerit point: One
1048 Fail to keep as far left as practicable. 202, 203 Penalty: 15 units
Demerit point: One
1049 Fail to stay within lane markings 202, 203 Penalty: 15 units
Demerit point: One
1050 Drive a vehicle upon a footpah or 206 Penalty: 15 units
footpath area
Demerit point: One
1051 Fail to stop at the point nearest the 206 Penalty: 15 units
street to be entered
Demerit point: One
1052 Fail to keep left of safety zone. 202, 203, Penalty: 15 units
207 Demerit point: One
1053 Diverge when unsafe 202, 203, Penalty: 15 units
207 Demerit point: One
1054 Drives or causes or allows a motor 207 Penalty: 15 units
vehicle to be driven in a no passing
Demerit point: One
zone in contravention of the directions
thereof
Turning
1055 Perform unsafe U turn 205(1) Penalty: 15 units
Demerit points: One
1056 Make incorrect or unsafe left or right
turn
205(3) Penalty: 15 units
Demerit point: One
Traffic Sign and Signals
1057 Fail to obey traffic control signal 189(6) Penalty: 15 units
Demerit points: One
1058 Fail to obey traffic sign at an
intersection.
1059 Fail to obey traffic sign not at an
intersection
1060 Disobey 'Halt' 'Stop' or 'Slow' sign or
marking
1061 Without lawful authority or willfully,
attempt to or in fact damage, alter,
twist, deface, injure, knock down,
remove or in any way tamper or
interfere with the effective operation of
any official traffic-control device or any
inscription, shield or insignia thereon,
or any other part thereof.
1062 Fail to report damage caused to a
traffic sign or signal, within specified
period of occurrence.
1063 Display upon or in view of any
highway, any unauthorised sign,
signal, marking, or device which is an
imitation of or resembles an official
traffic-control device or which hides
from view or interferes, with the
effectiveness of an official trafficcontrol
device
1064 Place or maintain or permit to be
maintained any commercial
advertising upon any official traffic
control device.
Remarks
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable to
NMV
Applicable
to NMV
Applicable
to NMV
188(2), Penalty: 15 units
Applicable
189(6) Demerit points: One
to NMV
189(6) Penalty: 10 units
Applicable
Demerit point: One
to NMV
189(6) Penalty: 15 units Applicable
to NMV
187(6) Penalty: 15 units
188(7) Penalty: 10 units
190(1) Penalty: 10 units
190(2) Penalty: 15 units
S-441

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1065 Install or maintain in any area of a
private property used by the public
any sign, signal, marking or other
device intended to regulate, warn or
guide traffic which does not conform
to the traffic sign manual and the
specifications adopted under section
186.
1066 Place, maintain or display, upon or in
view of any highway, any stationary
sign or light which blinds, dazzles or
impairs the vision of drivers upon the
highway.
1067 Fail to give signal while turning or
stopping or other intention
1068 Fail to cancel signal or incorrectly
operate signal
1069 Fail to give an audible signal when
Section
Punishments
Creating
the
Offence
197(5) Penalty: 10 units
197(6) Penalty: 15 units
Remarks
234,
210(1)
Penalty: 10 units
Demerit point: One
Applicable
to NMV
234, 210 Penalty: 10 units
Applicable
Demerit point: One
to NMV
268(1) Penalty: 10 units Applicable
to NMV
necessary.
Lighting
1070 Use high beam in the lighted city area 210 Penalty: 20 units
Demerit points: Two
1071 Dazzle the driver of other vehicle 210 Penalty: 20 units
Demerit points: Two
1072 Driving without lights on at night 210 Penalty: 20 units
Demerit points: Two
1073 Fail to have headlights and tail lights 210 Penalty: 20 units
on at night
Demerit point: Two
1074 Fail to have prescribed lights other 210 Penalty: 20 units
than headlights and taillights on at
Demerit points: Two
night
1075 Fail to dip headlights 210 Penalty: 20 units
Demerit points: Two
Failing to comply with Safety Procedures
1076 Carry dangerous substances in a
public service vehicle
1077 In a public service vehicle, carry
goods or luggage in a manner causing
danger to the passengers.
1078 Drive or cause to be driven a motor
vehicle contrary to any notice or when
prohibited by notice
1079 Drives or causes or allows a motor
vehicle to be driven in the opposite
direction on a one way road or at a
round about.
1080 Load vehicle in a manner which is
unsafe or likely to cause danger
1081 Drive unlawfully in bus transit, bicycle
or truck lane
129,
209(1),
246(1)
129,
209(1),
Penalty: 25 units
Demerit point: Two
Penalty: 15 units
Demerit point: Two
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
246(1)
189(6) Penalty: 15 units Applicable
to NMV
189(4)(6),
208
Penalty: 15 units
Demerit point: One
Applicable
to NMV
193 Penalty: 30 units
Demerit points: Three
Applicable
to NMV
199 Penalty: 5 units Applicable
to NMV
1082 Reverse when unsafe 205 Penalty: 15 units
Applicable
Demerit point: One
to NMV
1083 Follow a vehicle too closely
212(1) Penalty: 15 units
Applicable
endangering safety
Demerit point: One
to NMV
1084 Fail to keep safe distance from the 212(1) Penalty: 15 units
Applicable
proceeding vehicle
Demerit point: One
to NMV
S-442

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1085 Enter or drive onto a blocked
intersection, pedestrian crossing or
railroad grade crossing or one that is
likely to become blocked.
1086 Use or respond a mobile telephone or
such other device while driving
1087 Drives a motor vehicle with earplugs
in both ears or while wearing a
headset covering both ears
1088 Open door or alight from vehicle in a
manner that impede traffic or
endanger persons
1089 Drive or cause or allow to be driven in
any public place any motor vehicle
with a left-hand steering control or in
contravention of any conditions to
drive such vehicles
1090 Drive or cause or allow to be driven
any motor vehicle with a left-hand
steering control as public service
vehicle
1091 Carry or allow or permit to be carried
any person or goods in a manner not
authorized.
1092 Carry passenger and/or goods in
excess of the authorized number or
capacity.
1093 Drive or travel with limb protruding or
in a manner not authorized.
1094 While travelling in a vehicle behave in
a manner which is likely to distract the
attention of the driver of the vehicle.
1095 Risk colliding with alighting, boarding
or waiting bus passenger.
1096 Board a public service vehicle in
excess of the authorized capacity.
1097 Travel either on running board or on
the bumper or on the top of the roof or
in hanging condition or in a manner
not authorized, or otherwise than
within the body of the vehicle.
1098 Drive a vehicle which is so
constructed or loaded, that obstruct
the view of the driver.
1099 Drive a vehicle which is so
constructed or loaded, that interfere
with the driver's control over the
driving mechanism of the vehicle
1100 Fail to have full control and
uninterrupted view while driving
1101 Drive a vehicle while a child or any
other person or an animal or any other
thing is so positioned as to be
between the body of the driver and
the steering wheel or bar which
impedes the driver in the exercise of
proper control over the vehicle.
Section
Creating
the
Offence
Punishments
Remarks
213 Penalty : 15 units Applicable
to NMV
229 Penalty: 30 units
Demerit points: Three
230 Penalty: 30 units
Demerit points: Three
233 Penalty: 10 units
235(1)(3) Penalty: 30 units
Demerit points: Three
235(2)(3) Penalty: 30 units
Demerit points: Three
237(1) Penalty: 15 units
Demerit point: One
237(1) Penalty: 10 units
Demerit point: One
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
237(2) Penalty: 5 units Applicable
to NMV
237(13) Penalty: 5 units
238(2) Penalty: 10 units
Demerit point: One
238(3) Penalty: 5 units
238(3) Penalty: 10 units
239(1) Penalty: 30 units
Demerit points: Three
239(1) Penalty: 30 units
Demerit points: Three
239(1) Penalty: 30 units
Demerit point: Three
239(2) Penalty: 30 units
Demerit points: Three
Applicable
to NMV
Applicable
to NMV
S-443

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1102 Carry or allow or permit any person to
sit or stand or anything to be placed in
a vehicle in such a position or manner
which is unsafe and likely to impede
the driver in his control of the vehicle
or cause danger to other persons
using the vehicle or the road.
1103 Sit or stand or place anything in a
vehicle in such a manner or position
which is unsafe and likely to obstruct
driver’s view or impede the driver in
his control of the vehicle or cause
danger to other persons using the
vehicle or the road.
1104 Drive a vehicle without adjusting the
driver’s seat for easy access to the
controls and unimpeded view
1105 Drive without fixing rear view mirror
(external or internal)
1106 Drive without windshield glass wiper
or wiper inoperative during rain
1107 Cause obstruction, inconvenience or
danger to other person or traffic or
cause traffic congestion.
1108 Drive or ride motor cycle in
contravention of the Act or the rules or
regulation made there under.
1109 Ride motor cycle carrying a
passenger when licensed for less than
one year
1110 Ride motor cycle with passenger not
in side car or on a proper pillion seat
or not sitting stride.
1111 Ride motor cycle in excess of number
of passengers permissible under the
Act
1112 Ride motor cycle without helmet or
with passenger without helmet
1113 Ride motor cycle wearing helmet
which is unsafe or not approved.
1114 Attachment of side car to a motor
cycle without permission or in
contravention of the Act or the rules or
regulation made there under
1115 Drive without wearing seat belt or
drive with unrestrained passenger
(driver)
Section
Punishments
Creating
the
Offence
239(3) Penalty: 30 units
Demerit points: Three
Remarks
Applicable
to NMV
239(4) Penalty: 10 units Applicable
to NMV
239(5) Penalty: 10 units
Demerit point: One
239(5) Penalty: 10 units
Demerit point: One
239(5) Penalty: 10 units
Demerit point: One
240(1) Penalty: 30 units
Demerit point: Three
242(1)(2) Penalty: 10 units
Demerit point: One
242(1) Penalty: 10 units
Demerit point: One
242(1) Penalty: 10 units
Demerit point: One
242(1) Penalty: 10 units
Demerit point: One
242(2) Penalty: 10 units
Demerit point: One
242(2) Penalty: 10 units
Demerit point: One
242(4) Penalty: 15 units
243(2) Penalty : 10 units
Demerit point: One
Applicable
to NMV
Applicable
to NMV
1116 Fail to wear properly fastened and 243(2) Penalty: 5 units
adjusted seat belt (passenger)
1117 Impede or obstruct other vehicle
intentionally
257(2) Penalty: 10 units Applicable to
NMV
1118 Contravene pedestrian crossing
regulations by drivers
268 Penalty: 15 units
Demerit points: One
Applicable to
NMV
1119 Drive on footway or reservation 268(7) Penalty: 10 units Applicable to
NMV
Failing to Comply Orders and Instructions
1120 Fail to comply with the orders or 188(12) Penalty: 15 units Applicable
S-444

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
direction given by a police officer or
other authorized officer under subsection
(11) of section 188.
1121 Willfully fail or refuse to stop the
vehicle when so required or signaled
by any police officer in uniform or any
other authorized officer under the Act.
1122 Elude or attempts to surpass or cross
when so required or signaled by any
police officer in uniform or any other
authorized officer under the Act.
1123 Fail to stop or proceed or keep to a
particular line, the vehicle, when so
required or signaled by any police
officer in uniform or any other
authorized officer or person under the
Act.
1124 Fail to report the occurrence of
accident at a police station or to a
police officer within the specified
period.
1125 Contravene, neglect or disobey any
order or direction given by any person
or authority empowered under this
Act.
1126 Refuses to give access to, or
assaults, obstructs or attempts to
obstruct, hinders or delays, any officer
or any person or authority in the
discharge of his duties or any legal
function.
1127 Remove or cause to be removed
without lawful authority any vehicle or
trailer from the place of safe custody
pending the order of a court or that of
any authorized officer.
Section
Creating
the
Offence
189, 232,
251(3),
256, 287
189, 232,
251(3),
256, 287
189, 232,
248,
252(1)
Punishments
Demerit points: One
Imprisonment: May extend to
three months; and/or
Penalty: 30 units or both
Demerit points: Three
Imprisonment: May extend to
three months; and/or
Penalty: 30 units or both
Demerit points: Three
Penalty: 10 units
Demerit point: One
248 Imprisonment: May extend to
three months; and/or
Penalty: 30 units or both
Demerit points: Three
25, 26,
232, 252,
262, 265,
266
25, 26,
252, 260,
261, 262,
263, 264,
265, 287
Imprisonment: May extend to
six months; and/or
Penalty: 30 units or both
Demerit points: Three
Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Demerit points: Five
265(6) Imprisonment: May extend to
six months; and/or
Penalty: 30 units or both
Demerit points: Three
1128 Refused to give alcohol or drink test 67, 258(6), Penalty: 10 units
70(4) Demerit point: One
1129 Fail to comply with any requisition
made or direction given by any police
officer in uniform or other authorised
or prescribed person engaged in the
regulation of traffic or in the execution
of his duty under the Act or the rules
or regulation made there under.
1130 Any person driving any vehicle, fail or
neglect to conform to the indication
given by a traffic sign lawfully placed.
1131 Any person driving, fail or neglect to
obey, or obstruct other vehicle or
person, disobeying a lawful order,
when directed so to do by a police
officer or other authorized person.
1132 Any person driving, fail or neglect to
stop the vehicle, or to make it proceed
in or keep to a particular line of traffic,
when directed so to do by a police
Remarks
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
189 Penalty: 10units Applicable
to NMV
252(2) Penalty: 10 units Applicable
to NMV
252(1) Penalty: 20 units
Demerit points: Two
Applicable
to NMV
252(1) Penalty: 10 units Applicable
to NMV
S-445

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
officer or other authorized person.
1133 Refuse or withhold information or give
information which is false or untrue
1134 Disobey any direction lawfully given
by any person or authority
empowered under this Act.
1135 Fail or refuse or neglect to submit to
examination, inspection or test of eye
or health or driving competency test or
any other test of health or vehicle,
when requested, required or notified
or signaled, by any authority or officer
under this Act.
1136 Fail to give name and address or obey
traffic instruction of police officer or
other authorized officer or person
1137 Fails to comply with a lawful demand
of any officer or person or authority
under this Act
1138 Willfully mis-states or furnishes any
false or misleading information or
without lawful excuse refuses or fails
to give any information required of him
by any officer or person or authority
under this Act.
Section
Creating
the
Offence
Punishments
Remarks
252(3),
266
Penalty: 15 units
Applicable
to NMV
252(3) Penalty: 15 units Applicable
to NMV
23, 25, 26,
62(3) 67,
70, 106,
114(7),
247,
292(7)(10)
25, 26,
189, 249,
253
25, 26, 71,
253,
25, 26, 71,
249
Penalty: 15 units
Penalty: 10 units
Penalty: 10 units
Penalty: 15 units
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
1139 Willfully or without lawful excuse
refuses to produce or hand over any
marking or plate or any book,
document or copy thereof required of
him by any officer or person or
authority under this Act.
1140 Fail to attend, furnish evidence of
person’s identity or testimony when
required of him by any officer or
person or authority under this Act
1141 Contravene any restrictions or
prohibitions imposed under section 35
or 37 of the Act or the rules or
regulation made there under
1142 Fail to remove notified traffic hazard
within the specified time.
1143 Drives or causes or allows a motor
vehicle to be driven in contravention
of the prohibitions or restrictions
imposed regarding the use of any
controlled-access roadway or
highway.
1144 Uses or drives or causes or allows a
motor vehicle to be driven in
contravention of any restriction or
prohibition imposed under section 201
regarding movement of traffic.
1145 Uses or drives or causes or allows a
motor vehicle to be driven in
contravention of any restriction or
prohibition imposed under section 211
25, 26, 71,
249
Penalty: 10 units
Applicable
to NMV
25, 26 Penalty: 10 units Applicable
to NMV
35(4),
37(2)
Penalty: 10 units
197(3) Penalty: 15 units
Applicable
to NMV
200(3) Penalty: 10 units Applicable
to NMV
201(5) Penalty: 10 units Applicable
to NMV
211(4) Penalty: 10 units
S-446

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
regarding movement of traffic on a
mountain highway.
1146 Fail to remove an unauthorized
structure within the time specified
1147 Fails, without reasonable cause, to
comply with any of the requirements
for the improvrment of road safety
under section 277.
1148 Keeps or uses or allows for use, or
drives any motor vehicle, without
paying the tax prescribed for such
vehicle, within stipulated time.
Vehicle and Equipment
1149 Alteration or modification of a motor
vehicle to a condition which is unsafe,
unlawful and not permissible under
the Act or the rules or regulations
made there under.
1150 Seizes or exercises control of a motor
vehicle, unlawfully by force or threat of
force, or drive a stolen vehicle.
1151 Takes, uses or drives away a motor
vehicle without the consent of the
owner or other lawful authority.
1152 Otherwise than with lawful authority or
with reasonable cause gets on to or
moves or tampers with a vehicle.
1153 Loiters in or near a road or parking
place for the purpose of importuning
or importunes any other person in
respect of the watching or cleaning of
any motor vehicle during the absence
of its driver.
1154 Drive or cause or permit to be driven
or let out a motor vehicle for use
which fails to comply with the
emission standards or which emits
smoke or visible vapors of such a
quantity or extent as to be unlawful
and dangerous to the public health
and environment.
1155 Drive, cause or permit to be driven or
use a vehicle fitted with a tyre not in a
roadworthy condition.
1156 Drive, cause or permit to be driven or
let out a motor vehicle or trailer for
use which does not comply with the
construction, weight, equipment, use
and age requirements of the Act or
the rules and regulation made there
under other than painting works
1157 Drive, cause or permit to be driven or
let out a motor vehicle or trailer for
use which is not in safe condition or
environmentally suitable and in good
working order or which does not
comply with the requirements of
Section
Creating
the
Offence
Punishments
217(8) Penalty: 50 units
277(9) Penalty: 25 units
283(10)
284(5)(6)
112, 173,
174
Penalty: 50 units
Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
295(2) Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Remarks
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
295(1) Penalty: 50 units Applicable
to NMV
296(2) Penalty: 50 units Applicable
to NMV
296(3) Penalty: 10 units
177(1) Penalty: 30 units
Demerit points: Three
173, 176 Penalty: 15 units Applicable
to NMV
173, 176 Penalty: 30 units
Demerit points: Three
173, 176 Penalty: 30 units
Demerit points: Three
Applicable
to NMV
Applicable
to NMV
S-447

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
Chapter X and the rules and
regulations made there under.
1158 With intent and without right to do so,
damages a vehicle or damages or
removes any of its parts or
components
1159 With the intent to commit a crime,
tampers with a vehicle, or any of its
parts or components,.
1160 With the intent to commit a crime, sets
or attempts to set a vehicle in motion,
or interfere with the conduct or driving
of the vehicle
1161 Without just cause or excuse or lawful
authority, tamper or interfere with the
brake or the fare meter or the speed
control mechanism or any seal thereof
or any other specified equipment or
with a motor vehicle owned by any
other person.
1162 Alteration or defacement of vehicle or
chassis or engine identification
number without the permission of the
appropriate authority.
1163 Fail to notify change or alteration of
vehicle particulars or description
including the size of tyre
1164 Drive or cause or permit use of a
vehicle with faulty exhaust system or
producing undue noise or an offensive
noise or a noise or smell to be a
cause of annoyance to the public
Section
Creating
the
Offence
Punishments
298(1) Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
298(2) Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
298(2) Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Remarks
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
298(3) Penalty: 30 units Applicable
to NMV
112 Penalty: 50 units Applicable
to NMV
112(9) Penalty: 15 units Applicable
to NMV
173 Penalty: 15 units
Demerit point: One
1165 No silencer or inefficient silencer 173 Penalty: 10 units
Demerit point: Nil
1166 Affix or cause or allow fitting of any
horns, or any sound producing
devices on a vehicle or use any air
horn or horns or bells or other similar
devices not permissible or prohibited
under this Act or the rules or
regulations made there under or
prohibited by any competent authority
having jurisdiction over the area.
175 Penalty: 10 units
Demerit point: One
1167 Blow or use a horn or any sound
producing device continuously or use
a horn at prohibited time or place or in
a manner prohibited or not
permissible under this Act, or of any
rules or regulations made there under
or prohibited by any competent
authority having jurisdiction over the
area.
1168 Fail to carry Fire Extinguishers or First
Aid Box on specified class of vehicles
1169 Use a vehicle in the commission of a
cognizable offence.
175 Penalty: 10 units.
Demerit point: Nil
129, 246 Penalty: 10 units
Demerit point: one
361(2) Imprisonment: May extend to
six months; and/or
Penalty: 30 units or both
Applicable
to NMV
Applicable
to NMV
S-448

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1170 Use a vehicle for illegal or immoral
purposes.
1171 An operator of a place of business for
garaging, repairing, parking or storing
vehicles for the public, fails to report
unclaimed vehicle(s).
1172 Makes, or assists, abets, or solicits
the making of, a false report of the
theft, destruction, damage, or
conversion of a vehicle.
Licensing and Registration
1173 Drive, permit or allow or cause a
motor vehicle to be driven in
contravention of any restrictions or
prohibition imposed under the Act or
the rules or regulation made there
under.
Section
Punishments
Remarks
Creating
the
Offence
Demerit points: Three
361(2) Penalty: 25 units
Applicable
Demerit points: Two
to NMV
299(3)(4) Penalty: 25 units Applicable
to NMV
300 Penalty: 25 units Applicable
to NMV
72 Penalty: 50 units Applicable
to NMV
1174 Obtain or apply for a driving licensei.
without giving particulars of current
endorsement; or
ii. when disqualified for holding or
obtaining such a license.
1175 Alter a driving license or use an
altered driving license
1176 Drive with a foreign license or permit
during suspension or revocation of a
driving license issued under the Act.
1177 Drive, employ, permit or allow a
person to drive a motor vehiclei.
without license or unlicensed; or
ii. with improper or ineffective
license; or
iii. without an appoinment letter; or
iv. beyond the hours of work fixed
under the provisions of this Act or
any rules or regulations made
there under
v. with unlawful blood alcohol level;
or
vi. when under the influence of
alcohol or other intoxicating
substance; or
vii. when under aged or over aged; or
viii. in contravention of specified age
limit; or
ix. when disqualified for holding or
obtaining a driving license; or
x. when the license has expired; or
xi. when the license has been
suspended or cancelled; or
xii. when incapable of driving safely;
or
xiii. when unable to drive by reasons
of physical or mental or other
disability or disease or condition;
66(2) Penalty: 25 units
Driving license so obtained
shall be of no effect
Applicable
to NMV
66(3) Penalty: 15 units Applicable
to NMV
75(2) Penalty: 15 units
48,52,72
48, 53, 52,
66
51, 52
51, 52,
70(2),258(
1)
258(1)
69, 70,
50,52,69,
72
50,52,69
52, 63, 66,
69,
63, 66,
69,52,
70(1)
69
Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Penalty: 25 units
Penalty: 15 units
Penalty: 25 units
Penalty: 25 units
Penalty: 30 units
Penalty: 25 units
Penalty: 25 units
Penalty: 15 units
Penalty: 15 units
Penalty: 25 units
Penalty: 25 units
Applicable
to NMV
S-449

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
Section
Creating
the
Offence
Punishments
or
xiv. when driving of a motor vehicle by
such person to be a source of
danger to the public or to the
passengers or to other vehicle or
traffic; or
xv. with fictitious or fraudulently
69
72
Penalty: 50 units
Penalty: 50 units
altered driving license.
1178 Drive or cause or allow a motor
vehicle to be driven or let out a motor
vehicle or a combination thereof for
use -
i. without authorization certificate
required by section 91; or
91, 246(1) Penalty: 50 units
ii. with an improper authorization
certificate
92(7) Penalty: 50 units
iii. without registration required
under section 100; or
100, 119,
246(1)
Penalty: 50 units
iv. without the registration
certificate issued under section
102; or
102, 119,
246(1)
Penalty: 15 units
v. without displaying specified
label or labels, token or card
required by section 108; or
100,
108(2)
Penalty: 10 units
vi. without fitness certificate
referred to in section 117; or
117(9),
246(1)
Penalty: 15 units
vii. without the tax token or card or
certificate issued under section
282; or
282
246(1),
Penalty: 10 units
viii. without the certificate of
insurance or secutity required
under section 312 or 314; or
312, 314,
246(1)
Penalty: 10 units
ix. fixing expired, defaced,
mutilated or illegible label(s); or
108(2) Penalty: 10 units
x. fixing improper or altered or
forged label(s); or
108(2) Penalty: 50 units
xi. when such certificate, or tax
token or insurance or security
has expired or is invalid; or
103,
246(1)
Penalty: 10 units
xii. when such certificate, or tax
token or insurance or security
has been suspended or
cancelled; or
246(1) Penalty: 10 units
xiii. when the holder of the license
or certificate or permit is
disqualified .
246(1) Penalty: 10 units
1179 Issue driving license or authorization 50(4), Penalty: 25 units
to a person not eligible for such 54(7)
license or authorization.
1180 Fail to surrender or forward the
certificate of registration, the number
plate and any token or card or
certificate or authorization or permit or
franchise certificate issued to
authorize the use of vehicle in a public
place.
102(2),
113(5),
114(7),
117(6)
Penalty: 10 units
Remarks
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
1181 Fail to surrender the driving license 59(9) Penalty: 10 units Applicable
S-450

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
when required to do so-
(i) on becoming unfit to drive by
virtue of any disease or
disability; or
(ii) on attaining the highest limit of
age for holding a driving
license.
1182 Work as driver or act as conductor or
other worker or employ as such a
workeri.
without vocational license; or
ii. with improper or ineffective
vocational license; or
iii. in contravention of any condition of
such license; or
iv. in contravention of any restrictions
or prohibitions imposed under the
Act or any rules or regulations
made there under; or
v. when disqualified for holding or
obtaining a vocational license; or
vi. when such license has been
suspended or cancelled; or
vii. without having any appointment
letter; or
viii. in contravention of the restrictions
on the hours of work.
1183 Fail or refuse to display or produce
any license or certificate or permit or
other documents or the vehicle, when
required or signalled to do so by any
authorized police officer or other
authorized officer or authority or
person.
1184 Fail or refuse to pay the fee or
additional fee payable for the
inspection of a vehicle under the Act
or any rules or regulations made there
under.
1185 Fail or refuse to surrender any
license, certificate or registration or
any other documents, any plate or
badge or number when required to do
so by any competent authority under
this Act.
1186 Own or posses or keep a motor
vehicle for use without having a valid
Authorization Certificate.
1187 Assign or transfer or attempt to assign
or transfer the Authorization
Certificate without approval of the
authority.
1188 Keep or use any other vehicle, or use
greater number of vehicle, or use the
vehicle in any other time or day or for
the purpose not specified in the
Authorization Certificate.
Section
Creating
the
Offence
85, 86, 87
85, 86, 87
85, 86, 87
85, 86, 87
85, 86, 87
85, 86, 87
51, 85
51, 136
Punishments
Penalty: 10 units
Penalty: 10 units
Penalty: 10 units
Penalty: 10 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Remarks
to NMV
Applicable
to NMV
245(1)(2) Penalty: 10 units Applicable
to NMV
245(3) Penalty: 10 units Applicable
to NMV
68, 61,
71, 113(5)
Penalty: 15 units
Applicable
to NMV
91(5) Penalty: 50 units Applicable
to NMV
92(5) Penalty: 50 units Applicable
to NMV
92(9) Penalty: 50 units Applicable
to NMV
S-451

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1189 Fail to exhibit an Authorization
Certificate or its main features as
required under the Act.
1190 Exhibit an unlawful Authorization
Certificate on any motor vehicle or
produce any such authorization to any
authority or officer for any purpose.
1191 Unlawful use of foreign vehicle
beyond prescribed period.
1192 Use a foreign vehicle in Bangladesh
without informing the authority and in
contravention of the Act or the rules or
regulations made there under.
1193 Fail to report the change of address
by the driver or the conductor or other
worker
1194 Driver failing to have license in his or
her possession while driving
1195 Fail to produce driving or vocational
license for endorsement of
punishments.
1196 Probationer or learner driver driving a
higher category or a category of motor
vehicle not authorized
1197 Fail to obey license condition, learner
driver and others
1198 Fail to display "L" plates when
required
Section
Creating
the
Offence
Punishments
Remarks
94(2) Penalty: 10 units Applicable
to NMV
94(2) Penalty: 15 units Applicable
to NMV
98(2) Penalty: 50 units
98(2) Penalty: 50 units
79, 86 Penalty: 5 units Applicable
to NMV
245(1) Penalty: 5 units Applicable
to NMV
64(4), 86 Penalty: 5 units Applicable
to NMV
49(8) Penalty: 15 units
49(8), 53, Penalty : 10 units
71
49(8) Penalty : 5 units
1199 Display "L" plates when not required 49(8) Penalty : 5 units
1200 Fail to surrender the driving license
when required to do so on
suspension, cancellation or
disqualification
1201 Fail to notify change of address by the
owner or the permit holder
1202 Use of vehicle past the period
permissible after expiry of label(s) or
tax token
1203 Label(s) obscured, or defaced,
mutilated or illegible or not easily
distinguishable
1204 Number plate obscured, not clearly
distinguishable, improperly covered or
defaced.
1205 Fail to return number plates when
required
1206 Permits or lends for use a registration
mark or a certificate of registration or
a number plate by another person or
vehicle.
1207 Use an expired or invalid certificate of
registration
1208 Insurer fails to inform the registering
authority as required under the Act.
68(6) Penalty : 10 units Applicable
to NMV
109(3),
129(2),
246(1)
Penalty : 10 units
Applicable
to NMV
?108 Penalty : 10 units Applicable
to NMV
108 Penalty : 10 units Applicable
to NMV
102(2),
119
102(2),
113(5),
114(7)
102(3),
122
Penalty: 10 units
Penalty: 10 units
Penalty: 10 units
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
103(4) Penalty: 15 units Applicable
to NMV
114(5) Penalty: 15 units
1209 Display no number plate on the 100, Penalty : 15 units Applicable
S-452

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence Section
Punishments
Remarks
Creating
the
Offence
vehicle 102(2),
119
to NMV
102(2), Penalty: 10 units
Applicable
manner required.
119
to NMV
116(7) Penalty: 10 units Applicable
required
to NMV
110(6) Penalty : 15 units Applicable
1210 Number plate not displayed in the
1211 Fail to exhibit the particulars as
1212 Fail to comply with transfer
requirements by the owner.
1213 Fails to give particulars and
information required with respect to
insurance policy or the security on the
demand by or on behalf of the person
making the claim, or wilfully makes
any false or misleading statement, in
reply to any such demand.
1214 Fails to surrender a certificate of
insurance or a certificate of security
on cancellation, termination or
suspension of such insurance or
security or to make an affidavit if the
said certificate has been lost or
destroyed.
1215 Fail to carry or produce insurance
certificate when required.
1216 Fail to keep record of the driver’s or
worker’s details or fail to make the
said record available to any
authorized officer or authority on
demand.
1217 Hold a driving license not authorized
to hold under the Act.
1218 Permit or lend for use a driving license
by another person.
1219 Hold or use a mutilated or defaced
driving license
Transport Vehicles and Routing
1220 Drive, permit or allow or cause a
transport vehicle to be driven or used
in contravention of any restrictions or
prohibition imposed under the Act or
the rules or regulation made there
under.
1221 Stop vehicle at a place other than the
specified halting stations.
1222 Loiter for passenger or pickup
passenger from a place other than the
specified halting stations.
1223 Refuse or fail to complete the journey
between the termini by a public
service vehicle
1224 Refuse to carry bona fide passenger
by a public service vehicle or a taxi
cab or a baby taxi
1225 Fail to maintain a public service
vehicle in a clean and sanitary
condition
321(1)(5) Penalty : 25 units
330(1)(2) Penalty : 15 units
332, 333 Penalty : 15 units
to NMV
52, 86 Penalty : 15 units Applicable to
NMV
53(1) Penalty : 10 units Applicable to
NMV
53(2), 71, Penalty: 10 units Applicable to
NMV
53(3) Penalty: 10 units Applicable to
NMV
122, 142 Penalty: 30 units
Demerit points: Three
Applicable
to NMV
246 Penalty : 10 units Applicable
to NMV
246 Penalty : 10 units Applicable
to NMV
246 Penalty : 15 units Applicable
to NMV
246 Penalty : 15 units Applicable
to NMV
246 Penalty : 10 units Applicable
to NMV
1226 Fail or neglect to proceed to the 246 Penalty : 15 units Applicable
S-453

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
destination named by the hirer by the
shortest and quickest route by a taxi
cab or a baby taxi
1227 Fail to exhibit fare chart or the haltage
chart or the time table in the
prescribed manner
1228 Fail to exhibit the permit or permission
or franchise certificate as required
1229 Exhibit an unlawful permit on any
motor vehicle or produce any such
permit to any authority or officer for
any purpose
1230 Fail to install or not use fare meter
when required to do so by a taxi cab
or a baby taxi
1231 Charge fare higher than the approved
rate
1232 Fail to wear prescribed uniform or
badges
1233 Fail to behave in a civil and orderly
manner to passengers and intended
passengers by the driver or conductor
or passenger of a public service
vehicle
1234 Behave in a manner likely to cause
annoyance to any female passenger
by the driver or conductor or
passenger of a public service vehicle
1235 Interfere with persons boarding or
alighting from the bus or boarding or
preparing to board upon any other bus
or vehicle
1236 Fail to issue ticket of correct
denomination by the driver or
conductor or in charge of a public
service vehicle
1237 Cause or permit or allow use of a
public service vehicle for an illegal or
immoral purpose.
1238 Use an abusive language to any
passenger or molest any other
passenger in a public service vehicle
1239 Obstruct the conductor or the driver in
the execution of his lawful duties.
1240 Interfere with the conduct or driving of
the vehicle
1241 Spits or through garbage or do such
other thing to render a public service
vehicle dirty by other than sick
passenger.
1242 Fail to vacate seats reserved for lady
passengers or senior citizens or
mentally retarded children or children
upto tweve years of age or disabled or
handicapped passengers or the space
in the region of such reserved seats
by any passenger
Section
Creating
the
Offence
Punishments
Remarks
to NMV
246 Penalty : 10 units Applicable
to NMV
132(2), Penalty : 15 units Applicable
to NMV
132(2) Penalty : 15 units Applicable
to NMV
246 Penalty : 15 units Applicable
to NMV
246 Penalty : 15 units Applicable to
NMV
246 Penalty : 10 units Applicable to
NMV
246, Penalty : 10units
Applicable to
237(3)
NMV
246,
237(3)
246,
237(4)
Penalty : 15 units
Penalty : 10 units
246 Penalty : 10 units
Applicable
to NMV
Applicable
to NMV
361 Penalty : 25 units Applicable
to NMV
246,
237(5)
246,
237(6)
246,
237(6)
246,
237(7)
246,
237(8)
Penalty : 15 units
Penalty : 10 units
Penalty : 15 units
Penalty : 10 units
Penalty : 10 units
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
S-454

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1243 Boards or travels or allows traveling in
a public service vehicle a person with
contagious or infectious disease.
1244 Ride on any vehicle or upon any
portion thereof not designed or
intended for the use of passengers
Section
Creating
the
Offence
246,
237(9)
Punishments
Penalty : 10 units
Remarks
237(10) Penalty : 10 units Applicable
to NMV
1245 Alight from or board a moving vehicle 238(1) Penalty: 10 units
1246 Not operating taxi meter 246 Penalty : 15 units
1247 Taxi meter indicator not fitted,
246 Penalty : 15 units
obscured, not operating.
1248 Touting for passengers 246 Penalty : 10 units Applicable
to NMV
1249 Needlessly standing 246 Penalty : 10 units Applicable
to NMV
1250 Fail to record at appropriate fare rate 246 Penalty: 10units
1251 Fail to observe limit on hours of
driving
1252 Log book offence (if prescribed)
(a) fail to possess
(b) fail to record details
(c) fail to make record available
(d) deface page
(e) fraudulently use or alter
246 Penalty : 10 units
52, 246
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
1253 Pages of log book used out 52, 246 Penalty: 5 units
1254 Log book not signed 52, 246 Penalty: 5 units
1255 Insecure load 193 Penalty: 15 units Applicable
to NMV
1256 Faulty tyre (public service vehicle) 173 Penalty: 15 units Applicable
to NMV
1257 Fail to activate hazard warning device
on bus when required (if prescribed)
1258 Let bus door remain open while
vehicle is in motion other than city or
local service
1259 Fail to employ two-up driver, or cause
or permit a motor vehicle or trailer to
be driven or drawn in contravention of
section 244 or any rules or regulations
made there under
1260 Fail to inscribe the name of route or
area or not print particulars on the
vehicle required by this Act or the
rules and regulation
1261 Drive, employ, permit or allow a
person to drive a motor vehiclei.
without an appoinment letter; or
ii. beyond the hours of work fixed
under the provisions of this Act or
any rules or regulations made
there under.
1262 Drive or cause or allow a motor
vehicle to be driven or let out a motor
vehicle or a combination thereof for
use or operate a PTSi.
without permit or franchise
certificate or operator’s license
173 Penalty: 15 units
233 Penalty: 15 units
244 Penalty: 15 units
116(2)(7) Penalty: 10 units Applicable
to NMV
51, 52
51, 52,
136
122, 142,
246(1)
Penalty: 15 units
Penalty: 25 units
Penalty: 30 units
Demerit points: Three
S-455

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
referred to in section 122 or
142; or
ii. in contravention of any
conditions of the permit or
permission or franchise or
operator’s license; or
iii. when such certificate, permit or
operator’s license or franchise
has expired or is invalid; or
iv. when such certificate, permit or
operator’s license or franchise
has been suspended or
cancelled.
1263 Operate any other vehicle, or greater
number of vehicle, or use the vehicle
in any other route, or area or time or
day or for the purpose not authorized
by the operator’s license or franchise.
1264 Issue a permit or operator’s license or
franchise to a person not eligible for
such permit or license or franchise.
1265 Fail to exhibit an operator’s license or
its main features or the franchise
certificate as required under the Act.
1266 Exhibit an unlawful operator’s license
or franchise certificate on any motor
vehicle or produce any such license or
certificate to any authority or officer for
any purpose or use any fictitious
license or certificate.
1267 Issue a permit or operator’s license or
franchise in contravention of any
restrictions or prohibitions imposed
under the Act or any rules or
regulations made there under or in
excess of the number fixed.
1268 Assign or transfer or attempt to assign
or transfer an operator’s license or
franchise without approval of the
authority.
1269 Fail or refuse to surrender any permit
or operator’s license or permission or
franchise certificate or any other
documents, or any plate or badge or
marking or number when required to
do so by any competent authority or
under this Act or any rules or
regulations made there under.
1270 Fail to affix or display any plate or
marking including painting on any
vehicle as required by the Act or by
the rules or regulations made there
under or affix or display any unlawful
or fictitious plate or marking or
painting.
1271 Demand or take or attempt to take by
the owner, operator or the worker, any
Section
Creating
the
Offence
122, 129,
142,
148(3),
246(1)
103, 128,
142(6),
246(1)
246(1)
Punishments
Penalty: 15 units
Penalty: 15 units
Penalty: 15 units
142(10) Penalty: 50 units
123(2),
143(2)
Penalty: 50 units
144(2) Penalty: 10 units
144(2) Penalty: 15 units
125(5),
147(2)
Penalty: 50 units
Remarks
Applicable
to NMV
155(1) Penalty: 50 units Applicable
to NMV
157(3) Penalty: 50 units Applicable
to NMV
157(4) Penalty: 15 units Applicable
to NMV
158(4) Penalty: 15 units Applicable
to NMV
S-456

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
money in excess of rates of hire or
fares or freights, approved or
prescribed.
1272 Fail or refuse to pay by the passenger
or by the hirer the approved or
prescribed rate of hire or fare or
freight, when lawfully demanded.
1273 The owner or the operator, the worker
of whose vehicle is reasonably
believed to be guilty of an offence
under this Acti.
fail or refuse to give name and
address or any other information
required in respect of his worker; or
ii. give false name and address or
information
1274 Undertake construction, development,
improvement, maintenance,
management, control and operation of
terminals (interchanges) for any class
of public vehicles, or stands and
halting places for such vehicles, and
such other specified road transport or
public transport facilitiesi.
without approval of the authority or
without a license granted under
chapter IX of the Act; or
ii. in contravention of any conditions of
authorization or the license granted;
or
iii. when such approval or authorization
is withdrawn or the license has
expired or is invalid; or
iv. when such license has been
suspended or cancelled.
1275 Assign or transfer or attempt to assign
or transfer a license granted under
chapter IX of the Act without approval
of the authority.
1276 Carry unauthorized goods in a public
service vehicle
1277 Carry fish or poultry or live stock in a
public service vehicle
1278 Permits or lends for use a permit or
permission, or a franchise certificate
or an operator’s license by another
person or vehicle.
Towing Vehicle
1279 Draw more than authorized number of
trailers.
1280 Tow a vehicle in a manner likely to
cause danger or in a manner not
permissible under the Act or the rules
or regulations made thereunder
Section
Creating
the
Offence
Punishments
158(5) Penalty: 10 units, in addition to
the approved or prescribed
rate of hire or fare or freight
160(3) Penalty: 10 units
165(2)
167, 169
Penalty: 20 units
Penalty: 50 units
Penalty: 50 units
Penalty: 50 units
Penalty: 50 units
167 Penalty: 50 units
129,
209(1),
246(1)
129,
209(1),
246(1)
102(3),
122,
246(2)
Penalty: 15 units
Demerit point: Two
Penalty:10 units
Demerit point: One
Penalty:10 units
?? Penalty: 15 units
?? Penalty: 15 units
Remarks
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
S-457

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1281 Tow truck driver operate flashing light
other than at breakdown or accident
scene
Section
Punishments
Creating
the
Offence
?? Penalty: 5 units
Remarks
Driver Training
1282 Give driving instruction on payment
without holding a motor driving
instructor's certificate or in breach of
any conditions of such certificate.
1283 Run a driver training school without a
license issued or approval given by
the appropriate authority or in
contravention of any conditions of
such license.
1284 Run a driver training school when the
license is expired or suspended or
cancelled or in contravention of the
Act or the rules or regulations made
there under.
1285 Fail to return the driver training school
license on suspension or cancellation.
Failing to discharge duties
1286 Fail to ensure accidentally putting a
vehicle in motion which resulted in an
accident causing death of another
person.
1287 Fail to ensure accidentally putting a
vehicle in motion which resulted in an
accident causing grievous bodily
injury to another person.
1288 Fail to ensure accidentally putting a
vehicle in motion which resulted in an
accident causing bodily injury to
another person or damage to the
property of another person.
76(15) Penalty: 25 units Applicable
to NMV
77(7) Penalty: 50 units Applicable
to NMV
78(6) Penalty: 50 units Applicable
to NMV
78(6) Penalty: 10 units Applicable
to NMV
241 Imprisonment: May extend to
five years; and/or
Penalty: Not less than 50 units
and may extend to 500 units or
both; and
adequate compensation to the
heirs of the victim
Demerit points: Eight
Mandatory disqualification for
at least three years which may
extend to life time
241 Imprisonment: May extend to
three years; and/or
Penalty: Not less than 25 units
and may extend to 250 units or
both; and
adequate compensation to the
victim
Demerit points: Five
Mandatory disqualification for
at least one year which may
extend to three years
241 Imprisonment: May extend to
one year; and/or
Penalty: Not less than 10 units
and may extend to 100 units or
both; and
adequate compensation to the
injured person and/or to the
owner of the damaged
property
Demerit points: Five
Mandatory disqualification for
at least one month which may
extend to one year
S-458

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1289 Fail to ensure accidentally putting a
vehicle in motion
1290 Leave a vehicle unattended causing
danger or inconvenience
1291 After accident, fail to stop, render
assistance, secure medical attention
and give name and address and other
particulars pertaining to the vehicle
and the owner.
1292 Fail to report accident to the police
and produce driving license and other
documents as required.
Section
Punishments
Creating
the
Offence
241 Penalty: 25 units
Demerit points: Two
241, Penalty : 15 units
Demerit point: one
278(1)(2) Imprisonment: May extend to
six months; and/or
Penalty: 30 units or both
Demerit points: Three
278(1)(6) Imprisonment: May extend to
six months; and/or
Penalty: 30 units or both
Demerit points: Three
278(2)(6) Penalty: 25 units
Remarks
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
1293 Fail to discharge duties after the
Applicable
accident
Demerit point: Two
to NMV
1294 Without just cause or reasonable 278(3) Penalty: 25 units Applicable
excuse or lawful authority interfere or
to NMV
remove the vehicle(s) from the scene
of accident
1295 Fail to furnish the evidence of the 25 Penalty: 10 units
person’s identity
1296 Fail to attend, or decline to give 280, 25, Penalty: 25 units
Applicable
witness or produce documents or 26
to NMV
vehicle for inspection, or give a false
or misleading or untrue statement or
information or withhold information to
inquiry held by competent authority or
when required by any person or
authority empowered under this Act.
1297 Obstruct the officer or the team 280, 25, Penalty: 25 units
Applicable
holding inquiry in the performance of 26
to NMV
his or its duty.
1298 Fail to give any information which is 249(2)(3), Penalty: 15 units
Applicable
within the power of the owner or the 25
to NMV
worker to give or fail to make all 106(6)
reasonable diligence in order to obtain
that information.
1299 Fail to forward or deliver to the
106(6) Penalty: 10 units Applicable
authority or officer, the certificate of
to NMV
registration whenever required.
1300 Willfully furnishes any false or 249(3), 25 Penalty: 25 units Applicable
misleading information
to NMV
1301 Refuse to give name and address or 253(5) Penalty: 25 units Applicable
give false name and address in case
to NMV
of reckless or dangerous or careless
or inconsiderate driving
1302 Disclose information unlawfully under 33 Penalty: 25 units
the Act
1303 Fail to register foreign driving license 74(5) Penalty: 15 units
1304 Contravenes or fails to comply with
any condition of the authorization or
any of the provisions of section 38 or
rules or regulations made thereunder
1305 Fail to report by the driver, the change
of his address recorded in the driving
license or the traffic violations
38(7) Imprisonment: May extend to
two years; and/or
Penalty: 50 units or both
79(4) Penalty: 10 units Applicable
to NMV
S-459

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
committed or convictions awarded, to
the licensing or other authority as
required under the Act or the rules or
regulations made there under
1306 Fail to report the change of his
address recorded in the driving
license or the traffic violations
committed or convictions awarded or
suspension or cancellation of license
or any disqualification, to the
employer as required under the Act or
the rules or regulations made there
under.
1307 Fail to attend at the office of the
authority or other authorized officer as
required under the Act or the rules or
regulations made there under.
1308 Fail to permit test of his health or
impressions of his fingers to be taken
as required under the Act or the rules
or regulations made there under
1309 Fail to produce his driving license,
appointment letter and other
documents or identification card as
required under the Act or the rules or
regulations made there under
1310 An emergency vehicle fails to make
use of an audible signal, and visual
signals meeting the requirement of
this Act.
1311 An emergency vehicle fails to drive
with due regard for the safety of all
persons or vehicles or traffic.
Sale of Motor Vehicle, parts or equipment
1312 Import, sell or offer for sale or deliver
a motor vehicle or traileri.
without the type approval
certificate; or
ii. which does not comply with the
requirements of Chapter X of the
Act or the rules or regulation made
thereunder.
1313 Import or sell or supply or offer for
sale, supply or delivery or cause or
permit to be sold, supplied, or offered
for sale, a vehicle or component parts
thereof which does not comply with
the requirements of the Act or the
rules and regulation made there
under.
1314 Manufactured, assembled, re-built or
altered or manufacture, assemble, rebuilt
or alter a vehicle or component
parts thereof in a manner not
permissible under the Act or which
does not comply with the
requirements of the Act or the rules
Section
Creating
the
Offence
Punishments
Remarks
79(4) Penalty: 10 units Applicable
to NMV
80(2) Penalty: 10 units Applicable
to NMV
80(2) Penalty: 10 units Applicable
to NMV
80(2) Penalty: 10 units Applicable
to NMV
215(3) Penalty: 10 units
215(4) Penalty: 10 units
173(3),
174(1)
Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
173, 174 Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
173, 174 Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
Applicable
to NMV
Applicable
to NMV
S-460

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
and regulation made there under.
1315 Sell or offer for sale or deliver
components or equipment or
accessories which are of low quality
or have been prohibited to be used in
a motor vehicle under this Act, or the
rules or regulations made there
under, or under any other laws or by
laws.
1316 Import, sell or offer for sale or have in
possession for sale any protective
helmet which is not of a type
prescribed or approved
1317 Import, sell or offer for sale or deliver
or fix in a motor vehicle any safety
seat belts not conforming to the
standards prescribed and the type
approved.
1318 Sell or offer for sale or deliver a motor
vehicle or trailer, without giving the
particulars and specifications, or the
documents that may be necessary for
the Authorization Certificate and
registration of the vehicle or the trailer.
1319 Carry on, or conduct the business of a
manufacturer or assembler or
importer of motor vehicles or dealer in
motor vehicles, trailers or semitrailers,
whether new or used, or in
their parts or equipment without the
license or registration as required
under the Act or the rules or
regulations made there under.
1320 Move to anyone or more of places of
business or open any additional place
of business without approval of the
authority or obtaining a supplemental
license or registration.
1321 Fail to maintain or allow inspection by
the authority or authorized officers,
the inventory or records or the
premises of the licensee (dealers) as
required under the Act or the rules or
regulations made there under.
1322 Carry on or conduct or undertake the
business of selling used parts or used
accessories for vehicles, wrecking or
dismantling vehicles for resale of parts
thereof, or re-building of wrecked,
dismantled vehicles or salvaged
vehicles or repair works of any motor
vehicles without approval or license or
registration.
1323 Fail to comply with license or
registration and transfer requirements
by the dealer or assembler or importer
or manufacturer
Section
Creating
the
Offence
Punishments
173, 174 Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
242(3) Penalty: 25 units
243(3) Penalty: 25 units
Remarks
Applicable
to NMV
93(2) Penalty: 15 units Applicable
to NMV
180 Penalty: 50 units Applicable
to NMV
180, 181 Penalty: 50 units Applicable
to NMV
180, 181 Penalty: 50 units Applicable
to NMV
181 Penalty: 50 units Applicable
to NMV
180, 181,
182
Penalty: 50 units
Applicable
to NMV
S-461

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1324 Assign or transfer or attempt to assign
or transfer a trade certificate without
approval of the authority
1325 Use for demonstration purposes any
vehicle without an Authorization
Certificate or a trade certificate.
1326 Keep or use any other vehicle, or
greater number of vehicle, or use the
vehicle in any other time or day or for
the purpose not specified in the trade
certificate.
1327 Fail to comply with the requirements
or contravene the conditions of a
trade certificate.
1328 Being a manufacturer, assembler or
dealer of motor vehicles, fails to cause
a notice of the defect in any vehicle
manufactured or assembled or sold by
him.
1329 Manufacturer, assembler or dealer of
motor vehicles fails to notify or rectify
any safety-related defect in any
vehicle manufactured or assembled or
sold by him.
Forgery and Fraudulence
1330 Forges or fraudulently alters, tampers
with, defaces, mutilates, or makes or
uses or exhibits, or lends to or sells,
or allows, or permits to be used by
any other person, any license,
registration or certificate, or permit, or
card or token or label or other
documents or badge or any identifying
number or mark or any other thing
that is required under this Act or the
rules or regulations made there under
or conceals or obliterates any
endorsement thereon or knowingly
has in his custody or possession any
such documents, number or mark or
other thing.
1331 Makes a false or incorrect statement
or declaration or withholds any
material fact or information, in the
course of giving evidence at any
inquiry held under this Act or under
any rules or regulations made there
under.
1332 Obtain or attempt to obtain for him/her
self or for others any license,
registration, permit, fitness certificate
or any other document(s) or the
renewal of any such document(s), or
any number or mark or plate by false
or incorrect statement or by
misrepresentation or other dishonest
means under this Act.
Section
Creating
the
Offence
Punishments
Remarks
182 Penalty: 50 units Applicable
to NMV
182 Penalty: 50 units Applicable
to NMV
182 Penalty: 50 units Applicable
to NMV
182 Penalty: 50 units Applicable
to NMV
183 Penalty: 50 units Applicable
to NMV
183 Penalty: 100 units
305, 108,
53, 86
Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
307(1) Imprisonment: May extend to
three months; and/or
Penalty: 50 units or both
71, 86,
307(1)
Imprisonment: May extend to
six months; and/or
Penalty: 50 units or both
Any license or other
documents so obtained shall
be of no effect.
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
S-462

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1333 Makes a statement or supply
information which he knows to be
false or produces or furnishes or
sends or otherwise makes use of a
document which he knows to be false,
when required by any authority or
officer acting under this Act or any
rules or regulations made there under.
1334 Being a manufacturer or an assembler
or an importer or a dealer in motor
vehicles or parts of motor vehicle or
equipment gives a false warranty or
guarantee to a purchaser.
1335 Falsely represents himself to be an
authorized officer or a competent
authority under this Act or any rules or
regulations made there under
1336 Uses a symbol or representation
identical with that of the Authority’s
symbol
1337 Hold or use a forged or altered driving
license.
1338 Hold or use a forged or altered a
vocational license.
1339 Makes a false or misleading entry in
any book, record, register, certificate,
or other document required to be
issued, kept, maintained or furnished
under this Act or any rules or
regulations made there under.
1340 Makes any document containing a
false statement or entry, intending it
for submission or submits it to any
authority or in evidence at an inquiry
held under this Act or any rules or
regulations made there under.
1341 Issues or uses any document or
certificate or test certificate or
manufacturer's certificate, type
approval certificate or insurance
certificate, if the document or
certificate so issued or used is false or
fictitious.
1342 Alter, deface or mutilate or add any
thing by writing or in any other way to
a certificate of registration or produce
any such certificate to any authority or
officer for any purpose.
1343 Alter, deface, mutilate or add any
thing by writing or in any other way to
any Authorization Certificate or
produce any such certificate to any
authority or officer for any purpose.
1344 Alter, deface, mutilate or add any
thing by writing or in any other way to
Section
Punishments
Creating
the
Offence
307(2) Imprisonment: May extend to
three months; and/or
Penalty: 50 units or both
307(3) Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
308 Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
8(2) Penalty: 10 units
53(3), 86 Imprisonment: May extend to
one year; and/or
Penalty: 50 units or both
53(3), 86 Imprisonment: May extend to
three months; and/or
Penalty: 25 units or both
306(1) Imprisonment: May extend to
three months; and/or
Penalty: 25 units or both
306(1) Imprisonment: May extend to
three months; and/or
Penalty: 25 units or both
306(1) Imprisonment: May extend to
three months; and/or
Penalty: 25 units or both
Remarks
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
103(4) Penalty: 50 units Applicable
to NMV
94(2) Penalty: 50 units Applicable
to NMV
132(2) Penalty: 50 units Applicable
to NMV
S-463

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
any permit or permission or franchise
certificate or operator’s license or
produce any such document to any
authority or officer for any purpose.
1345 Use any fictitious permit or permission
or franchise certificate or operator’s
license.
1346 Alter, deface, mutilate or add any
thing by writing or in any other way to
any license issued under chapter VIII
or produce any such document to any
authority or officer for any purpose
1347 Make false declaration in connection
with application for license,
registration, permit, insurance or tax
token/certificate or such other
document or any badge, mark or such
other thing
1348 Use or allow the use of any motor
vehicle, in respect of which the tax
due has not been paid, and the tax
token or the tax receipt of the vehicle
have been forged, tampered or
fraudulently obtained.
1349 Gives incorrect particulars or
information in relation to any matter,
affecting the amount of tax payable for
the vehicle.
1350 Submits a false or incorrect
declaration under section 286, or
otherwise without reasonable cause
or excuse contravenes the said
section.
1351 Not entitled to the possession of a
vehicle or parts thereof, receives,
possesses, conceals, sells or
disposes of such vehicle or parts
knowing it to be stolen, converted, or
taken by fraud.
1352 Willfully and with intent to conceal or
misrepresent the identity of a vehicle
or component part, removes or
falsifies any identification number.
1353 Buys, receives, possesses, sells, or
disposes of a vehicle or component
part, knowing that an identification
number has been removed or falsified
and with intent to conceal or
misrepresent the identity of the
vehicle or component part.
1354 Removes a registration plate from a
vehicle or affixes to a vehicle
registration plate not authorised by
law for use on it, in either case with
intent to conceal or misrepresent the
identity of the vehicle or its owner.
Section
Creating
the
Offence
Punishments
132(2) Imprisonment: May extend to
six months; and/or
Penalty: 50 units or both
Remarks
Applicable
to NMV
166(7) Penalty: 50 units Applicable
to NMV
71, 369,
86
Imprisonment: May extend to
six months; and/or
Penalty: 50 units
284(5)(6) Imprisonment: May extend to
six months; and/or
Penalty: 50 units or both
Applicable
to NMV
Applicable
to NMV
286(3) Penalty: 50 units Applicable
to NMV
286(3) Penalty: 50 units Applicable
to NMV
297(1)(2) Imprisonment: May extend to
six months; and/or
Penalty: 50 units or both
301(1)(2) Imprisonment: May extend to
six months; and/or
Penalty: 50 units or both
301(3) Imprisonment: May extend to
six months; and/or
Penalty: 50 units or both
301(4) Imprisonment: May extend to
six months; and/or
Penalty: 50 units or both
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
1355 Possesses any identification number, 301(5) Imprisonment: May extend to Applicable
S-464

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
plate, or label which has been
removed from the original vehicle or
component part, or on which the
identification number has been
removed or falsified.
1356 Whether present or absent, aids,
abets, induces, procures or causes
the commission of an act unlawful.
Parking Infringements
1357 Leave a motor vehicle or any other
material in contravention of any
prohibition or restriction under the Act,
or in such a position so as to cause or
be likely to cause danger, obstruction
or undue inconvenience to other traffic
or users of the road
1358 Stop a vehicle by the side of another
stationary vehicle or parking a vehicle
parallel to another stationary/parked
vehicle causing danger or
inconvenience to other traffic or road
users.
1359 Stand on 'Bus Stop' or 'Bus Stand' or
taxi stand by other vehicle
Section
Creating
the
Offence
Punishments
six months; and/or
Penalty: 50 units or both
303 Imprisonment: May extend to
six months; and/or
Penalty: 50 units or both
236(6),
240(1),
189(6)
224, 225,
226,
225(1),
240(1),
224,
189(6)
Penalty: 30 units
Penalty: 15 units
Demerit point: one
Remarks
to NMV
Applicable
to NMV
Applicable
to NMV
Applicable
to NMV
224, 226,
189(6)
Penalty: 10 units
Applicable
to NMV
1360 Stand in a prohibited area 224, 226 Penalty: 10 units Applicable
to NMV
1361 Stand contrary to notice at leading
zone
224,
189(6)
Penalty: 10 units
Applicable
to NMV
1362 Stand contrary to notice “No Standing”
or “No Parking”
224,
189(6)
Penalty: 10 units
Applicable
to NMV
1363 Stand contrary to notice in excess
time limit
224,
189(6)
Penalty: 10 units
Applicable
to NMV
1364 Load vehicle contrary to notice 224,
189(6)
Penalty: 10 units
Applicable
to NMV
1365 Drive contrary to notice 189(6) Penalty: 10 units Applicable
to NMV
1366 Contravene order relating to on street
or off street parking place
224,
189(6)
Penalty: 10 units
Applicable
to NMV
1367 Tamper with parking meter (if any) or
use false coin
224,
189(6)
Penalty: 10 units
Applicable
to NMV
1368 Presence of a vehicle in a parking
area-
Applicable
to NMV
a) at an expired meter, or
b) without payment of the appropriate
parking fee; or
c) for a longer period than that fixed
in relation to the vehicle and
parking are concerned; or
d) not within or wholly within a parking
bay or
e) contrary to any other requirement
applicable to the parking area.
1369 Presence of a vehicle-
(a) in a no standing area; or
(b) in a no parking areas; or
(c) not parallel to the boundary of the
224,
189(6)
224, 225,
226,
189(6)
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Penalty : 5 units
Penalty : 5 units
Penalty : 5 units
Applicable to
NMV
S-465

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
carriageway concerned; or
(d) too far from the boundary of the
carriageway concerned; or
(e) causing undue obstruction; or
(f) in front of a private drive; or
(g) on a footway or reservation; or
(h) opposite double lines; or
(i) within 1 metre of a fire hydrant or
plug; or
(j) within 9 metres of traffic lights not
at an intersection; or
(k) within 15 metres of the approach
side of traffic lights at an
intersection
1370 Presence of a vehicle –
a) on a carriageway which at the time
of the infringement is a clearway:
or
b) in such a position that it is doubleparked;
or
c) on or within 9 metres of
a pedestrian crossing; or
an intersection; or
the departure side of a bus stop.
1371 Remove or attempt to remove without
authority a notice or an immobilisation
device fixed to a vehicle.
Pedestrian Offence
1372 Fail to yield right of way to emergency
vehicle
1373 Where a footpath is provided and its
use is practicable, walk along and
upon an adjacent roadway.
1374 Fail to make use of marked pedestrian
crossing(surface, tunnel or overhead),
or the over bridge or the under pass
where there is one, while passing
across a carriageway, highway or
roadway, by a pedestrian.
1375 Crossing road within 300 meters of
pedestrian crossing (surface, tunnel or
overhead).
1376 A pedestrian fails to obey any
directions or instructions given by a
police officer or other authorized
officer or person engaged in the
regulation of traffic on a road or in any
public place..
1377 A pedestrian fails to obey any
direction applicable to him conveyed
Section
Creating
the
Offence
224, 225,
226,
189(6)
Punishments
Penalty : 5 units
Penalty : 5 units
Penalty : 5 units
Penalty : 5 units
Penalty : 5 units
Penalty : 5units
Penalty : 5 units
Penalty : 5 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
Penalty: 5 units
250(11) Penalty: 15 units
214,
269(10)
269(2)
269(3)
Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
269(5) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
269(5) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
189(6),
269(6),
189(6),
269(6),
Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 5 units and/or
confinement for specified
Remarks
S-466

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
by any official traffic control signals or
devices
1378 A pedestrian walk or run into the path
of a vehicle which is so close as to
constitute an immediate hazard
1379 A pedestrian pass, through, around,
over, or under any crossing gate, or
barrier at a railroad grade crossing or
bridge while such gate or barrier is
closed or being opened or closed.
Section
Punishments
Creating
the
Offence
270(1) hours but not exceeding 12
hours in a day between dawn
and dusk
269(8) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
269(9) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Remarks
1380 Stand in a road or highway for the
purpose of soliciting a ride,
employment, business or contribution
from the occupant of any vehicle or
watching or guarding any vehicle
while parked or about to be parked on
a road or highway.
269(13) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
1381 Walk improperly on a carriageway 268, 269 Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
1382 Walk or be upon a road or a highway
under the influence of alcohol or any
drug.
1383 Enter or remain upon any bridge or
approach thereto beyond the bridge
signal, gate, or barrier after a bridge
operation signal indication has been
given.
1384 Any pedestrian, fail or neglect to
conform to the indication given by
traffic sign lawfully placed.
1385 Any pedestrian, fail or neglect to obey,
or obstruct other vehicle or person,
disobeying a lawful order, when
directed so to do by a police officer or
other authorized person.
1386 Without just cause or reasonable
excuse, fails to comply with the
prohibitions or restrictions imposed
under section 216 regarding entering
or crossing any roadway in an urban
area or any designated roads or
269(14) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
270(3) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
252(2) Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
252(1) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
216(2) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
highways by a pedestrian.
Offences by other persons
1387 Smoking while driving a motor vehicle 237(11) Penalty: 10 units
1388 Smoking in a public service vehicle 237(11) Penalty: 5 units
S-467

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1389 Cause obstruction to the flow of traffic
or undue inconvenience to other road
users by any means
1390 Engage as a canvasser or as an
agent without a license in
contravention of the Act or any rules
or regulations made there underi.
for the sale of tickets for travel by a
public service vehicle; or
ii. otherwise to solicit customers for
such vehicles; or
iii. for collecting, forwarding or
distributing goods by a public
carrier; or
iv. for the transaction of any business
on behalf of any other person.
1391 Display advertising materials on the
vehicle without the approval of the
prescribed authority under this Act or
the rules or regulations
1392 Use loud speaker in the motor vehicle
without permission or in a manner not
permissible under the Act or the rules
or regulation.
1393 Play radio or television or other
cinema to graphic apparatus in a
motor vehicle without permission or in
a manner not permissible under the
Act or the rules or regulation.
1394 Drive motor vehicle else-where than
on road without authority or
permission
1395 Interfere with the conduct or driving of
the vehicle
1396 Place or leave any dangerous or
injurious substance on the road or
highway
1397 Throw or deposit garbage or any other
substance upon any road or highway.
1398 Fails to remove any rubbish,
destructive or injurious material
dropped or thrown, or deposited upon
any road or highway.
1399 Leave motor vehicle unattended with
keys in ignition or the engine or motor
running
1400 Hold processions or drive vehicles in
contravention of section 231
1401 Hold or cause or permit to be holding
or take part in a highway collection
without any statutory sanction or any
permission.
1402 Without lawful authority, place or
cause to be placed any road hump,
Section
Punishments
Creating
the
Offence
240(1) Penalty: 25 units
Articles used for obstruct-ion
shall be liable to confiscation
138(3)
Penalty: 20 units
129 Penalty: 10 units
237(12) Penalty: 10 units
237(12) Penalty: 10 units
?189 Penalty: 10 units
298(2) Penalty: 10 units
222(1)(4) Penalty: 15 units
222(1)(4) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
222(2)(4) Penalty: 15 units
241 Penalty: 10 units
231 Penalty: 10 units
227(5) Penalty: 25 units
251(1) Penalty: 50 units
Remarks
S-468

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
barrier, or any rope, wire, chain, tackle
or similar apparatus, across a road or
any part thereof.
1403 Erect structures for advertisement or
other public announcement or any
structure for such other purposes
without the approval of appropriate
authority in relation to any road
reserve.
1404 Contravenes or fails to comply with
any conditions as may be imposed in
a permit issued, granting a right of
occupation or advertisement on a
road reserve.
1405 Construct any access road (including
paths, driveways or other means of
access, whether public or private) to
join any road without approval, or
construct a drain to join a drain
constructed alongside a road, or carry
out any works of any description in,
upon, over or under any road.
1406 Contravenes or fails to comply with
any conditions as may be imposed in
a permit issued under sub-section (1)
of section 220.
1407 When driving or attempting to drive a
motor vehicle, causes damage to a
highways or highway structure or
causes the motor vehicle to collide
with any building or structure such as
a bus shelter, gantry post, overhead
bridge and pillar or such other thing.
1408 Conduct or allow an unauthorized
bicycle racing or trial of speed
between bicycles or in contravention
of any conditions of permit for such
racing in any public place.
1409 Takes or retains hold of or gets on to
a motor vehicle or trailer while it is in
motion on any road for the purpose of
his being drawn or carried.
Non-motorized Vehicle Offence ( Rickshaw,
Bicycle and others)
1410 Fail to yield right of way to emergency
vehicle
1411 Uses or responds a mobile telephone
while driving
Section
Creating
the
Offence
Punishments
219(4) Penalty: 50 units
219(4) Penalty: 25 units
220(1)(7) Penalty: 50 units
220(7) Penalty: 25 units
221(2)(3) Penalty: 50 units
274(1) Penalty: 15 units
296)1) Penalty: 10 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
214 Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
229, 271,
272
Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Remarks
S-469

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1412 Drives with ear plugs in both ears or
while wearing a headset covering both
ears
1413 Fail to obey traffic instruction given by
a police officer or other authorized
officer or person
1414 Fail to obey a traffic sign or a traffic
control signal
Section
Creating
the
Offence
230, 271,
272
189(6),
271, 272
189(6),
271, 272
1415 Fail to keep left 189(1),
202, 271,
272
1416 Ride over double lines or separation
lines
189(6),
202,203,
271, 272
1417 Fail to give way 189(6),
271, 272
1418 Fail to give signal when making right
turn or U turn
1419 Fail to have lamps and equipment
required
234, 271,
272
210, 271,
272
1420 Driving or riding improperly 202, 271,
272
1421 Misuse bicycle lane or rickshaw lane 203, 271,
272, 273
1422 Bicycle, roller skates, sled or toy
vehicle drawn by other vehicle
1423 Carry more than authorized number of
persons
Punishments
Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
271(6)(8) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
273(1) Penalty: 2 units and/or
confinement for specified
Remarks
S-470

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
1424 Upon roller skates, or riding in or by
means of any toy vehicle, or similar
device go upon any road or highway
except while crossing a road or street
on a pedestrian crossing or on a
designated crossing.
1425 Hold on to a vehicle in order to be
towed.
1426 Ride or propel or use or let out for use
a non-motorized vehicle without
registration
1427 Ride or propel a non-motorized
vehicle without license
1428 Take part in an unauthorized bicycle
racing or trial of speed between
bicycles or in contravention of any
conditions of permit for such racing in
any public place.
1429 Any person propelling any vehicle, fail
or neglect to conform to the indication
given by a traffic sign lawfully placed.
1430 Any person propelling any vehicle, fail
or neglect to obey, or obstruct other
vehicle or person, disobeying a lawful
order, when directed so to do by a
police officer or other authorized
person.
1431 Any person propelling any vehicle, fail
or neglect to stop the vehicle, or to
make it proceed in or keep to a
particular line of traffic, when directed
so to do by a police officer or other
authorized person.
1432 Without just cause or reasonable
excuse, fails to comply with the
prohibitions or restrictions imposed
under section 216 regarding entering
or crossing any roadway in an urban
area or any designated roads or
highways by an NMV.
Unspecified Offence
1433 Commits an offence against this Act
or any rules or regulations made there
under or any order issued or given or
Section
Creating
the
Offence
Punishments
hours but not exceeding 12
hours in a day between dawn
and dusk
271(5)(8) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
271(6)(8) Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
271(1)(8) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
271(1)(8) Penalty: 2 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
274(1) Penalty: 3 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
252(2) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
252(1) Penalty: 10 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
252(1) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
216(2) Penalty: 5 units and/or
confinement for specified
hours but not exceeding 12
hours in a day between dawn
and dusk
353(1) Penalty: Not less than five and
not more than 25 units and/or
confinement for specified
Remarks
S-471

Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA
THE SCHEDULE
Offence
Code
General Description of Offence
any prohibition or restrictions imposed
under the authority of this Act or any
rules or regulations made there under
for which a specific penalty is not
prescribed or specified by or under
any other provision of this Act
Section
Creating
the
Offence
Punishments
hours but not exceeding 12
hours in a day between dawn
and dusk.
Remarks
Sections creating offences under the RTTA:
8(2), 23(3), 25(3), 26(2), 33(2), 35(4), 37(2), 38(7), 48(6), 49(8), 50(5), 51(3), 52(5), 53(4), 54(7), 59(9), 61(5),
62(3), 63(4), 64(4), 66(1)(2)(3), 67, 68(6), 69(3), 70(3), 71, 72(3), 74(5), 75(2), 76(15), 77(7), 78(6), 79(4),
80(2) 85(4), 86, 87, 91(5), 92(5)(9), 93(2), 94(2), 98(2) 100(1)(6), 102(2)(3), 103(3)(4), 106(2)(3), 108(2),
109(3), 110(6), 112(9)(12), 113(5), 114(5)(7), 116(7), 117(6)(9), 119(4), 122(2)(3), 125(5), 128(3), 129(2),
132(2), 136(6), 138(3), 142(5)(6)(10), 143(2), 144(2), 147(2), 148(3), 155(1), 157(3)(4), 158(4)(5), 160(3),
165(2), 166(7), 167, 169, 173(6), 174(3), 175, 176, 177(1), 180(7), 181(3), 182(10), 183(5)(6), 187(6),
188(2)(7)(12), 189(6)(8), 190(4), 191(6), 192(7),193(6), 194(5), 195(4), 197(3)(7), 198(3), 199(3), 200(3),
201(5), 202(5), 203(3), 204(2), 205(4), 206(3), 207(2), 208(4), 209(3), 210(3), 211(4), 212(4), 213(2), 214(3),
215(5), 216(2), 217(8), 219(4), 220(7), 221(2), 222(4), 223(4), 224(3), 225(3), 226(5), 227(5), 229(1), 230(1),
231(5), 232(4), 233(3), 234(2), 235(3), 236(6), 237(14), 238(4), 239(6), 240(1), 241(2), 242(5), 243(4), 244(5),
245(4), 247, 248(3), 249(1)(3), 250(11), 251(1)(3), 252(1)(2)(3), 253(1)(2)(4)(5), 254(2), 255(1), 256(1),
257(1)(2), 258(1)(2)(6), 259(1), 260(2), 261(3), 262(2), 263(3), 264(3), 265(3)(6), 266(3), 268(9), 269(15)(16),
270(5), 271(2)(4)(8), 272(5), 273(8), 274(5), 277(9), 278(6), 280(5), 282(3), 283(10), 284(6), 286(3), 287(13),
292(7)(10), 295(1)(2)(3), 296(1)(2)(3), 297(1)(2), 298(1)(2)(3), 299(4), 300, 301, 303, 305, 306, 307, 308,
312(2), 314, 321(5), 330(2), 332(6), 333, 353(1), 361(2), 369(2)=198
S-472