Amendments to the Tamil Nadu Motor Vehicles Rules, 1989 (34 III 1a v4)
The Government of Tamil Nadu Home (Transport.VII) Department, through G.O. Ms. No. 261 dated 29 July 2020, issued an amendment made by the Governor of Tamil Nadu to the Tamil Nadu Motor Vehicles Rules, 1989. The amendment allows a State Transport Undertaking, during an emergency when it cannot procure its own vehicle for its service on a nationalized route, to hire a private vehicle at fixed hire charges and operate it after obtaining a permit through Form SCPA (STU).
What the amendment covers
The amendment to the Tamil Nadu Motor Vehicles Rules, 1989 concerns the temporary use of private vehicles by a State Transport Undertaking. It was published in the Tamil Nadu Government Gazette on 19 August 2020 under G.O. Ms. No. 261 of the Government of Tamil Nadu Home (Transport.VII) Department, dated 29 July 2020.
The Governor of Tamil Nadu made the amendment using powers conferred by Sections 95 and 107 of the Motor Vehicles Act, 1988. The draft had previously been published as required by sub-section (1) of Section 212 of that Act.
What changes
The amendment inserts rule 288-A after rule 288 of the Tamil Nadu Motor Vehicles Rules, 1989. The new provision applies despite anything contained in rule 288.
Key provisions are:
- An emergency must have arisen.
- A State Transport Undertaking must be unable to procure its own vehicle.
- The vehicle is required to run the State Transport Undertaking's own service on a nationalized route.
- In those circumstances, the State Transport Undertaking may use a private vehicle taken on hire.
- The private vehicle is hired on payment of fixed hire charges.
- A permit must be obtained for the hired vehicle.
- The permit application must be made in Form SCPA (STU).
The notification does not state the amount of the fixed hire charges or provide further details about how an emergency is determined.
Who may be affected
The new rule directly concerns State Transport Undertakings that need a vehicle for their own service on a nationalized route but cannot procure one during an emergency. It may also concern owners or operators of private vehicles that are hired by a State Transport Undertaking under these conditions.
The notification deals only with motor vehicle operations, vehicle hiring and permits. It does not create or change any rule about land ownership, property registration, planning permission or land use. A property buyer or landowner would therefore not be affected in that capacity by the provisions stated in this notification.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a State Transport Undertaking use a hired private vehicle on a nationalized route?
Yes. It may do so during an emergency when it cannot procure its own vehicle to run its own service, provided it pays fixed hire charges and obtains a permit for the hired vehicle.
Which permit application form is required for the hired vehicle?
The State Transport Undertaking must apply for the permit using Form SCPA (STU).
Does the notification specify the amount of the fixed hire charges?
No. The notification requires payment of fixed hire charges but does not state an amount.
Does this amendment affect land or property rights in Tamil Nadu?
No land or property provision appears in the notification. It concerns the use of hired private vehicles by State Transport Undertakings during specified emergencies.
