‘Robin’ Bus; What does the Act as amended by Parliament say? Who does this apply to?

Thiruvananthapuram: What is the legality of the Motor Vehicle Department’s action against the Pathanamthitta-Coimbatore Robin Bus? As per the All India Tourist Vehicle (Permit) Act, a vehicle with an All India Tourist Permit is not barred from operating as a stage carriage bus (route bus). According to Rule 13 of the All India Tourist Vehicles (Permits) Act, which came into effect on May 1, 2023, “the provisions of Sections 82 to 85A of the Central Motor Vehicles Act, 1989 shall not apply to vehicles carrying an All India Tourist Permit operating under this Act.”

Rules 82 to 85A deal with the regulation of transport vehicles and rule 85 deals with additional conditions to be met by vehicles with tourist permits. A permit holder is not permitted to operate a tourist vehicle as a route bus under rule 85(9). As per rule 85(6) tourist bus is not allowed to stop at the stand of route buses. Buses are also not allowed to operate from such bus stands. The amended Tourist Vehicles (Permits) Rules have repealed these conditions for vehicles holding a valid tourist permit. As per the All India Tourist Vehicles (Permits) Act, if the Robin Bus has a valid permit, the authorities are not empowered to take action if the bus is used as a route bus.

16Robin Bus taken into custody by Tamil Nadu MVD

Although the central law has the final word on the matter, the state transport department does not accept it. States follow a practice of granting stage-carriage permits on selected routes to private operators on a case-by-case basis. In the matter of Robin Bus, the MVD said that the vehicle was plying as a stage carriage without a valid stage carriage permit by fixing special fares. A fine of Rs 7500 was imposed for this.

Also Read- The KSRTC low floor bus that came to pick up Robin started its journey with empty seats

“The amendments to the Tourist Vehicle Permit Rules supersede several outdated provisions contained in the Motor Vehicles Act, 1989. It includes promoting tourism and creating an enabling environment for travel. As a part of this, the Central Government has amended the Motor Vehicle Act. Through this bus owners can provide better service to the public. The Act as amended by Parliament applies to all states. Therefore, the action taken by MVD against the bus owners for this alleged violation is illegal,” a Times of India report quoted an official from the law department as saying.

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Private bus owners say that a large number of private buses with All India Permits are operating as stage carriage buses with the permission of officials.

What is All India Permit?

The All India Permit was introduced by the Central Government to address the difficulties faced by tourists due to different permit regimes existing in each state. The fee for obtaining this permit is three lakh rupees for one year. If it is for three months, the fee is Rs 90,000.

Stage Carriage (Route Bus)

Route buses have fixed travel times as determined in advance. Such buses are allowed to advertise the travel time and route and issue tickets to the passengers. Permits for these buses are issued by regional transport authorities. The time, stop and route will be recorded in the permit. Fares are fixed by the government on the basis of kilometres. The owner is also obliged to drive the bus during the time specified in the permit.