MOTOR TRAFFIC

(1) No person shall possess or use a motor vehicle unless that vehicle is registered, and the person for the time being entitled to the possession of the vehicle is registered as the owner thereof, in accordance with the provisions of this Part.

(2)The possession by a dealer of a motor vehicle imported by him into Sri Lanka for the purposes of sale shall be deemed not to be a contravention of subsection (1) so long as the vehicle remains unsold and is not used on any highway.

(3) The possession or use of a motor vehicle by a person for the time being entitled to the possession thereof shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is lawfully used under the authority of a dealer’s licence issued under Part III and is identified by a distinctive number assigned for the purpose.

(4) The possession of a motor vehicle by a person (not being a dealer) by whom the vehicle was imported into Sri Lanka shall be deemed not to be a contravention of subsection (1), if, but only if, that person has made application for the registration of that vehicle and such application has not been finally determined.

(5) The use of a motor vehicle which upon importation into Sri Lanka is used on a highway only for the purpose and in the course of removal from the customs premises shall be deemed not to be a contravention of subsection (1).

(6) The use of a motor vehicle while it is being driven to or from any place specified by the Registrar for the purpose of inspection or while it is being tested by the direction of the Registrar for the purpose of registration shall be deemed not to be a contravention of subsection (1)

(7) The use of a motor vehicle under the authority of a visitor’s temporary licence issued under Part III shall be deemed not to be a contravention of subsection (1).

(8) The possession or use by the Sri Lanka Central Transport Board or any Regional Transport Board established under the Transport Board Law of a motor coach, hiring car or a lorry shall be deemed not to be a contravention of subsection (1) so long as that coach or car or lorry is not used on any highway for the carriage of persons or goods for fee or reward.

(1) No motor vehicle shall be registered unless that vehicle complies with all the provisions of regulations made under this Act as to the construction, weight, dimensions and equipment of motor vehicles which are applicable to vehicles of the class or description to which that vehicle belongs.

(2) No motor vehicle shall be registered as a private car or a hiring car if the tare of that vehicle exceeds two and one-half tons.

(1) No motor registered unless the person for the time being entitled to the possession of that motor coach is the holder of-

(2) No person shall be registered as the owner of a motor coach unless he is the holder of-

(1) A motor car which is to be registered under this Part-

(2) A motor coach which is to be registered under this Part-

(3) A motor vehicle which is to be registered under this Part and which is, within the meaning of this Act, a lorry, motor cycle, motor ambulance, motor hearse, or invalid carriage, or a land vehicle, as the case may be, shall be registered as such.

(a) The Registrar shall keep a register of all motor vehicles registered under this Act and shall enter or cause to be entered therein, in the prescribed form particulars relating to each such vehicle.

(b) Regulations may be made requiring the Registrar to keep separate registers of different classes of motor vehicles or of motor vehicles intended to be usually kept or used in different areas.

(1) Every application for the registration of a motor vehicle shall be made to the Registrar substantially in the prescribed form, shall be signed by the person for the time being entitled to the possession of the motor vehicle, and shall set out all particulars relating to that motor vehicle in respect of such of the matters specified in that form as may be applicable to that motor vehicle.

(2) Every applicant for the registration of a motor vehicle, other than a motor cycle, shall, if required to do so by the Registrar, furnish proof of the weight of the motor vehicle to the satisfaction of the Registrar.

(3) Notwithstanding anything in subsection (1) to the contrary, any dealer in motor vehicles, who is authorized in writing for the purpose by a person who is absent from Sri Lanka, may make application on behalf of that person for the registration of a motor vehicle, and in any such case the application shall for the purposes of this section and of section 9 (1) be deemed to have been signed and made by that person.

(4) The application for the registration of a motor vehicle which is let under a hire- purchase agreement shall be forwarded to the Registrar by the person who so let that vehicle. Every such application shall be accompanied by a statement in the prescribed form, and by the prescribed fee for the entry in the register, as required by subsection (5) of section 9 of the name of that person as the absolute owner thereof.

(1) Upon the registration of a motor vehicle, the Registrar shall-

(2) Where the ownership of a motor vehicle (other than a motor vehicle which is let under a hire-purchase agreement) is claimed by two or more persons, the Registrar shall register as the owner of the vehicle-

Provided that nothing in the preceding provisions of this subsection shall be deemed or construed to authorize the Registrar to register a person as owner of a motor coach in contravention of the provisions of section 4.

(3) In any case referred to in subsection (2), the Registrar may also enter in the register the names of the other claimants to the ownership of the vehicle, but no such entry of the name of any claimant shall be deemed to affect any liability which the person registered as the owner may incur under any of the provisions of this Act or to vest in such claimant any of the rights or powers conferred by this Act upon the registered owner of a motor vehicle.

(4) The decision of the Registrar under paragraph (b) of subsection (2) shall be final and conclusive for the purposes of this Act; but shall not be deemed to prejudice or to affect in any way the right of the other claimants to the ownership of the vehicle to cause their claim to be determined by an action at law, and the final determination in any such action shall be binding upon the Registrar.

(5) At the time of the registration of a motor vehicle which is let under a hire- purchase agreement, the Registrar shall also enter in the register the name of the person who so let the vehicle as the absolute owner thereof, but no such entry of the name of any person as absolute owner shall be deemed-

(6) The entry required by subsection (5) shall be made in the space provided in the register for the entry of the names of the other claimants, if any, to the ownership of a motor vehicle.

(7) Within a period of fourteen days after the termination of a hire-purchase agreement in respect of a motor vehicle, the person who so let that vehicle shall forward to the Registrar a written application for the deletion from the entry in the register relating to that vehicle of the name of the absolute owner thereof entered under subsection (5). Such application shall be accompained by the prescribed fee for such deletion.

(1) The registered owner of a motor vehicle shall, whenever required by the Registrar-

(2) The registered owner of a motor vehicle shall forthwith inform the Registrar in writing of any circumstance or event which affects the accuracy of any entry in the register relating to the motor vehicle and shall at the same time forward or deliver to the Registrar the certificate of registration of the motor vehicle.

(1) On any change of possession of a motor vehicle consequent on the death of the registered owner-

(2) On any change of possession of a motor vehicle, other than a motor coach or lorry, upon a voluntary transfer made by the registered owner-

Provided that this subsection shall not apply in any case where the change of possession of a motor vehicle is consequent on a contract of hiring, where the period of the hiring does not exceed three months or where the registered owner continues to employ and pay the driver of the vehicle.

(3) On any change of possession of a motor coach or lorry upon a voluntary transfer made by the registered owner-

(4) On any change of possession of a motor vehicle otherwise than on the death of the registered owner or a voluntary transfer made by him-

(1) Every application for the registration of a new owner, upon any change of possession of any motor vehicle, shall be made in the prescribed form or in such one of the prescribed forms as may be appropriate to the case, shall set out all particulars relating to that motor vehicle in respect of such of the matters specified in that form as may be applicable to that motor vehicle and shall be signed by the person claiming to be entitled to be registered as the owner of that motor vehicle.

(2) The application for the registration of a new owner of a motor vehicle which is let under a hire-purchase agreement shall be forwarded to the Registrar by the person who so let the vehicle. The application aforesaid shall be accompanied by a statement in the prescribed form and by the prescribed fee for the entry in the register, as required by subsection (4) of section 14, of the name of that person as the absolute owner thereof.

(1) No person shall be registered as the new owner of a motor vehicle-

(2) Upon the registration of the new owner of a motor vehicle, the Registrar shall-

Provided, however, that the Registrar may refuse to deliver the altered revenue licence to the new owner unless a certificate of insurance or a certificate of security, in conformity with the provisions of Part VI and relating to that motor vehicle, is produced to the Registrar or a licensing authority for inspection.

(3) Upon the registration under this section of the new owner of a lorry, the lorry shall not be used unless a new revenue licence is issued in respect thereof upon application made in accordance with the provisions of section 41.

(4) At the time of the registration of the new owner of a motor vehicle which is let under a hire-purchase agreement, the Registrar shall also enter in the register the name of the person who so let the vehicle as the absolute owner thereof, but no such entry of the name of any person as absolute owner shall be deemed-

(5) The entry required by subsection (4) shall be made in the space provided in the register for the entry of the names of the other claimants, if any, to the ownership of a motor vehicle.

(6) Within a period of fourteen days after the termination of a hire-purchase agreement in respect of a motor vehicle, the person who so let that vehicle shall forward to the Registrar a written application for the deletion from the entry in the register relating to that vehicle of the name of the absolute owner thereof entered under subsection (4). Such application shall be accompanied by the prescribed fee for such deletion.

(1) Where a special series of distinctive numbers is determined for the purpose of assigning, under subsection (1) of section 9, a distinctive number to each motor vehicle the registered owner of which is a diplomat or which belongs to the government of any recognized foreign state, then, if the distinctive number of any such motor vehicle is not of such special series, the Registrar shall cancel the distinctive number of that motor vehicle and assign to it a distinctive number which is of such special series.

(2) Where a person who is not a diplomat becomes the registered owner of a motor vehicle which does not belong to the government of a recognized foreign state and to which a distinctive number of the special series referred to in subsection (1) has been assigned, the Registrar shall cancel that distinctive number and assign to that motor vehicle a distinctive number which is not of such special series.

(3) Where a motor vehicle which belongs to the government of a recognized foreign state and the distinctive number of which is of the special series referred to in subsection (1) ceases to belong to that government, the Registrar shall, unless a diplomat becomes the registered owner, or the government of any other recognized foreign state becomes the owner, of that motor vehicle, cancel that distinctive number and assign to that motor vehicle a distinctive number which is not of such special series.

(4) In this section-

” diplomat” means the diplomatic representative in Sri Lanka of the government of any other country, or any person who is a member of the diplomatic staff of such diplomatic representative and who is a citizen or subject of such other country; and

” recognized foreign state” means a country whose government has a diplomatic representative in Sri Lanka.

(1) Where the registered owner of a motor vehicle is absent from Sri Lanka, that motor vehicle shall not be used at any time after the expiration of a period of two months from the date of his departure from Sri Lanka and until his return to Sri Lanka unless the Registrar has under subsection (2) registered a person as the temporary owner of that vehicle.

(2) The Registrar may register a person as the temporary owner of a motor vehicle-

(3) Notwithstanding anything in the preceding provisions of this section, no person shall be registered as the temporary owner of a motor coach or lorry except with the prior approval of the Commissioner; and the Commissioner may refuse to grant such approval in any case where he is not in his discretion satisfied that the motor coach or lorry will during the absence of the registered owner be used solely for the purposes of the business which the registered owner is authorized by a permit granted under Part IV or Part V, as the case may be, to use that motor coach or lorry. The provisions of subsection (2) of section 4 shall not apply in the case of the registration under this section of any person as the temporary owner of a motor coach.

(4) No person shall be registered for any period as the temporary owner of a motor vehicle under this section except upon payment of the prescribed fee. Any person so registered shall be deemed for the purposes of this Act to be the registered owner of the motor vehicle during that period.

(5) No person shall be registered under this section as the temporary owner of a motor vehicle unless the certificate of registration and the revenue licence relating to that vehicle are delivered to the Registrar.

(6) Upon the registration under this section of any person as the temporary owner of a motor vehicle, the Registrar shall endorse the certificate of registration in the prescribed manner and deliver it to that person, together with the amended revenue licence for that vehicle.

(7) The registered owner of any motor vehicle in respect of which a temporary owner has been registered under this section, shall, on his return to Sri Lanka, deliver to the Registrar the revenue licence and the certificate of registration issued under subsection (6) to the temporary owner, and shall apply, in the prescribed form, to be reregistered as the owner of that motor vehicle, and the Registrar shall, unless his registration as owner thereof is prohibited by section 4 (2), upon payment of the prescribed fee, reregister him accordingly, and shall amend and deliver to him a certificate of registration and shall amend and deliver to him the revenue licence for that vehicle.

(1) A certificate of registration shall be prima facie evidence of the due registration of the motor vehicle to which the certificate; relates and of the particulars appearing in the certificate.

(2) A copy of, or an extract from, any entry in the register, if purporting to be made under the hand of the Registrar or any other officer authorized in that behalf by the Registrar shall be received as prima facie evidence of the due registration of the motor vehicle to which the entry relates and of the particulars appearing therein including particulars as to the ownership of that vehicle.

(1) Every identification plate required by section 21 shall be fixed and maintained in an upright position on the motor vehicle, with the upper edge of the letters and figures upwards.

(2) No part of any identification plate shall be obscured in any manner.

(1) No person shall possess or use a motor vehicle for which a revenue licence is not in force.

(2)The person who for the time being is, or is deemed under Part I to be, the registered owner of a motor vehicle shall, for the purposes of subsection (1), be presumed, unless the contrary is proved, to possess that vehicle.

(3) The possession by a dealer of a motor vehicle imported by him into Sri Lanka for the purposes of sale shall be deemed not to be a contravention of subsection (1) so long as the vehicle remains unsold and is not used on any highway except under the authority of a dealer’s licence.

(4)The possession of a motor vehicle by a person for the time being entitled to the possession thereof shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is lawfully used under the authority of a dealer’s licence and is identified by a distinctive number assigned for the purpose.

(5) The possession of a motor vehicle by a person (not being a dealer) by whom the vehicle was imported into Sri Lanka shall be deemed not to be a contravention of subsection (1), if, but only if, that person has applied for a revenue licence and such application has not been finally determined.

(6) The use of a motor vehicle which upon importation into Sri Lanka is used on a highway only for the purpose and in the course of removal from the customs premises shall be deemed not to be a contravention of subsection (1).

(7) The possession by a person of a motor vehicle in respect of which notice of a period of non-user has been given under section 37 shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is not used in any place during that period.

(8) Where notice of a period of non-user has been given under section 37 in respect of any motor vehicle, the Registrar may in his discretion issue a permit authorizing the removal of the motor vehicle on a specified date from a specified place to any other specified place for the purpose of repairs or for the purpose of compliance with any provision of this Act; and the use of that motor vehicle for the purpose of such removal in accordance with a permit so issued shall be deemed not to be a contravention of subsection (1).

(9) On any change of possession of a lorry, the possession of the lorry by the new owner shall be deemed not to be a contravention of subsection (1), if, but only If, he has applied for a new revenue licence in accordance with the provisions of section 41 and the application has not been finally determined, or he has given notice of a period of non-user under section 37.

(10) The possession or use by the Sri Lanka Central Transport Board or any Regional Transport Board established under the Transport Board Law of a motor coach, a hiring car, or a lorry shall be deemed not to be a contravention of subsection (1) so long as that coach, hiring car or lorry is not used on the highway for the carriage of passengers or goods for fee or reward.

(1) A revenue licence to be issued under this Part for a motor vehicle shall be a licence of one of the following descriptions, that is to say, a private car licence, a hiring car licence, a private coach licence, an omnibus licence, a lorry licence, a motor cycle licence, a motor hearse licence, a motor ambulance licence, an invalid carriage licence, or a land vehicle licence, and shall be issued having regard to the class or description of motor vehicles to which that vehicle belongs.

(2) Nothing in subsection (1) shall be deemed to affect or restrict the issue of dealer’s licences under section 42, or of visitor’s temporary licences under section 44.

(1) No revenue licence for any motor vehicle shall be issued by any licensing authority unless the certificate of or registration relating to that vehicle is produced and unless the name of that authority is contained in the certificate, and unless the particulars contained in the application for the licence are identical with the corresponding particulars contained in the certificate:

Provided, however, that the licensing authority may, if he thinks fit, dispense with the production of the certificate of registration in the case of any motor vehicle, other than a motor coach or hiring car or lorry, for which a revenue licence in respect of any year is to be issued to any person to whom a revenue licence for that motor vehicle in respect of the preceding year has been issued by that authority.

(2) No revenue licence for any motor vehicle, other than a trailer, shall be issued by any licensing authority unless a certificate of insurance or a certificate of security, in conformity with the requirements of Part VI and relating to that vehicle, is produced to that authority by the applicant.

(1) No omnibus licence shall be issued under this Part except for an omnibus the registered owner of which is the holder of-

(2) No private coach licence shall be issued under this Part except for a private coach the registered owner of which is the holder of a private coach permit authorizing the use of that coach.

(3) No lorry licence shall be issued under this Part except for a lorry the registered owner of which is the holder of a permit granted under Part V authorizing the use of that lorry :

Provided, however, that the preceding provisions of this subsection shall not prevent the issue of a licence-

(1) Every application for a revenue licence (other than a dealer’s licence or visitor s temporary licence) for a motor vehicle shall-

(2) Where application for a revenue licence for a motor vehicle is required under subsection (1) to be made before any day or before the expiry of any period, as the case may be, and there is delay in making the application, the licensing authority may in his discretion, on proof to his satisfaction that the delay is due to any error, accident or misfortune, and on payment of the full amount of the licence fee which would under this Part have been payable on the licence if it had been issued on an application duly made under that subsection, issue a revenue licence expressed to be in force from the date of such issue; and in any case where a revenue licence for any motor vehicle has been issued under this subsection, no prosecution shall be instituted or maintained against any person for any contravention of section 25 (1) in respect of that vehicle during the period of such delay.

(1) The licence fee on a yearly revenue licence (other than a dealer’s licence), which is to come into force on the first day of January in any year, for a motor vehicle of any class or description shall be determined according to the prescribed rates for motor vehicles of that class or description.

(2) Where any revenue licence for a motor vehicle other than a dealer’s licence, is to come into force after the first day of January and before the first day of March in any year, the amount of the fee payable on that licence shall be the same as the amount payable on a yearly revenue licence for that motor vehicle under subsection (1).

(3) Where-

(4)(See also the proviso to section 2 of the Sri Tax Law and section 13 of the Motor Cars (Tax on Transfers) Law.) No licence fee shall be payable on a revenue licence for a motor vehicle belonging to or exclusively used in the service of the State or belonging to the government of any foreign state as the Minister, after reciprocal arrangements in that behalf have been made, may from time to time, specify by notification published in the Gazette or belonging to the representative in Sri Lanka (by whatsoever name, title or designation called) of the government of any foreign state so specified or the Trade Commissioner or consular officer in Sri Lanka of any such government or persons on the staff of any such representative or Commissioner or consular officer.

(1) In any case where-

is due to expire before the thirty-first day of December in any year, the revenue licence issued for that year under this Part for that omnibus, private coach or lorry, as the case may be, shall notwithstanding anything in section 32, be and be expressed to be in force only until the date on which the permit is due to expire:

Provided that if the registered owner of that omnibus, private coach or lorry at any time before the date of expiry of the revenue licence becomes the holder of a stage carriage permit for a regular omnibus service or a private coach permit or a permit under Part V, as the case may be, which is valid until some date not earlier than the thirty-first day of December of the year in respect of which that licence was issued, the licensing authority by whom the licence was issued shall, on application made in that behalf by such owner before the date of expiry of the licence and on payment of the amount of fee calculated as hereinafter provided by endorsement under his hand on the licence, extend the period of its validity until the thirty-first day of December aforesaid and accordingly the licence shall continue in force until that date.

(2) Where a revenue licence for an omnibus or a private coach or lorry issued in respect of any year is, in accordance with subsection (1), due to expire before the thirty-first day of December of that year, the fee payable on that licence shall, save as is otherwise provided in subsection (2) of section 31, be the fee payable under subsection (1) of that section on. a yearly licence, reduced by one-twelfth part for each complete calendar month of the period, commencing on the first day of the month succeeding the month in which the licence is due to expire and ending on the thirty-first day of December aforesaid:

Provided that where the period of validity of such a licence is extended under the provisions of subsection (1) until the thirty-first day of December aforesaid, a further fee shall be payable on that licence and the amount of that fee shall be the amount by which the fee payable on a yearly licence under subsection (1) of section 31 exceeds the amount actually paid on that licence at the time of issue thereof.

(1) The licensing authority shall specify in every revenue licence issued by the authority-

(2) For the purpose of determining the maximum number of persons or passengers, as the case may be, that may be carried on a hiring car, private coach or an omnibus-

Provided, however, that in the case of an omnibus other than an omnibus which is constructed or adapted mainly or wholly to carry passengers standing-

the following provisions shall, for such periods as may be determined by the Commissioner, apply in lieu of the preceding provisions of this subsection :-

And provided further that in the case of an omnibus-

the following provisions shall apply in lieu of the preceding provisions of this subsection:-

In reckoning the standing space for passengers no account shall be taken of the nine inches of space in front of each row of seats, if seats are provided in the omnibus, and the space reserved for the entry and exit of passengers into and from the omnibus.

(1) The registered owner of motor vehicle may-

(2) The registered owner of a motor vehicle, in respect of which notice of a period of non-user has been given under subsection (1), may by written notice given before the expiry of that period extend the period and may from time to time by like notice further extend the period as often as may be necessary:

Provided, however, that where any written notice purporting to extend a period of non-user is given within seven days after the date of the expiry of that period, the licensing authority, if he is satisfied that the delay in giving such notice was due to any error, accident or misfortune, may in his discretion accept such notice as a notice duly given before the expiry of that period ; and the period of non-user shall be deemed to be extended accordingly.

(3) Every notice under this section shall be despatched by registered post, or delivered in person, to the licensing authority; and the licensing authority shall in every case where a notice is delivered in person issue a written acknowledgment of the receipt thereof,

(4) The period of non-user specified in any notice under this section shall not extend beyond the thirty-first day of December of the year in respect of which the notice is given.

(5) Where any person is registered under Part I as the new owner or the temporary owner of a motor vehicle, in respect of which notice of a period of non-user has been given under this section, that notice shall cease to be operative on the date of the registration of such new owner or temporary owner.

(6) For the purposes of this Part, ” period of non-user ” means any period specified in a notice given under subsection (1), and where any such period is extended or deemed to be extended under subsection (2), includes the period so extended or deemed to be extended.

(a) be carried on the front of the motor and produced vehicle in a weather-proof holder when required. having a transparent face, and placed in a conspicuous position on the left or near side of the motor vehicle, so that the front of the licence and the writing thereon shall be clearly visible at all times by daylight to a person standing in front of the motor vehicle on the left or near side thereof; and

(b) be made available for inspection on demand made by a police officer, grama seva niladhari, or examiner, or by any person authorized in writing by the Registrar or the licensing authority:

Provided, however, that the revenue licence shall be removed from the vehicle and produced when required by a court or the Registrar for endorsement or retention

(1) Where a motor vehicle, for which a revenue licence of any class or description is in force, is altered so as to become a motor vehicle for which a revenue licence at a higher or lower rate of duty, or a revenue licence of a different class or description, is required, the licence shall, upon such alteration being completed, be void ; and the holder thereof shall apply for a new revenue licence.

(2) The holder of a revenue licence for a motor vehicle may at any time if he desires to use the motor vehicle for a purpose not has authorized by the licence, apply for a new revenue licence.

(3) No new revenue licence shall be issued for any motor vehicle on application made under this section-

(4)

(1).

(2).

(3)A dealer’s licence issued by any licensing authority shall be valid, for the purposes of this Act, only so long as the person to whom the licence was issued carries on business as a dealer in, or manufacturer or repairer of, motor vehicles at a registered garage or place of business situated within the administrative areas of that authority.

(4) Subject to the provisions of subsection (3), a dealer’s licence shall be valid until the thirty-first day of December of the year in respect of which it is issued.

(5) A licensing authority shall not issue any dealer’s licence in any year to any person who is not the holder of a dealer’s certificate for that year.

(1) A dealer’s licence shall authorize the use of a motor vehicle which belongs to the dealer or is entrusted to him for sale or repair, and is being tested or is being used for the purposes of effecting a sale : Provided, however, that no such licence shall be deemed to authorize the carriage on any motor vehicle of passengers or goods for fee or reward, or of any person other than a person testing or inspecting the vehicle with a view to the purchase thereof.

(2) A motor vehicle sold by a person who is the holder of a dealer’s certificate may, under the authority of a dealer’s licence issued to that person, be used by the purchaser of the motor vehicle during the ten days next following the sale for any purpose other than the carriage of passengers or goods for fee or reward :

Provided, however, that the use of the motor vehicle by the purchaser under the authority of a dealer’s licence shall be, and shall be deemed to have been, a contravention of the provisions of section 25, unless the purchaser, within the three days next following the sale-

(3) Where any motor vehicle is used under the authority of a dealer’s licence-

(4) Where a motor vehicle, sold by a person who is the holder of a dealer’s certificate, is used after the sale under the authority of a dealer’s licence issued to that person, the revenue licence subsequently issued for the motor vehicle shall be expressed to have come into force on the date of the sale, and the duty payable thereon shall be computed accordingly.

(5) The holder of a dealer’s certificate-

(1) The Registrar, if he is satisfied, upon application made in the prescribed form, that any motor vehicle has been imported into Sri Lanka for the purpose of being used by the owner of that vehicle during a visit to Sri Lanka, may, notwithstanding that no person has been registered as the owner of that vehicle, issue to the owner a visitor’s temporary licence, in the prescribed form, authorizing the possession and use of the motor vehicle for a period not exceeding three months from the date of importation.

(2) The powers conferred on the Registrar by subsection (1) may-

(3) Every application made to, and a copy of every visitor’s temporary licence issued by, any officer under subsection (2) shall be forwarded to the Registrar.

(4) No visitor’s temporary licence shall be issued under this section except upon payment of the prescribed fee ; and every fee paid for a temporary licence shall be credited to the Consolidated Fund.

(1) No person shall use any motor vehicle for any purpose not authorized by the revenue licence for the time being in force for that vehicle, or in contravention of any of the conditions contained in that licence.

(2) The Commissioner may in his discretion issue a permit for the purpose of-

(3) Regulations may be made empowering the Commissioner, in any case not provided for in subsection (2), to issue a permit authorizing the use of any motor vehicle for any specified purpose not authorized by the revenue licence for the time being in force for that vehicle, and prescribing the conditions subject to which any such permit may be issued.

(4) No person shall be deemed to have contravened the provisions of subsection (1) by reason only of the use of a motor vehicle in accordance with any permit issued under subsection (2) or under any regulation made under subsection (3).

(1) No omnibus shall, on or after the appointed date, be used on any highway except under the authority of a stage carriage permit granted by the Commissioner under this Part and for the time being in force.

(2) The provisions of subsection (1) shall not apply to any omnibus which is used by any dealer on any highway if, but only if, it is so used under and in accordance with a dealer’s licence issued under Part III.

(a) a stage carriage permit for a regular service, and

(b) a stage carriage permit for an occasional service.

(1) A stage carriage permit for a regular service shall entitle the holder thereof to use omnibuses of which he is the registered owner for the purpose of the operation of a regular omnibus service on the route or routes specified in the permit in accordance with the conditions attached thereto.

(2) A stage carriage permit for an occasional service shall entitle the holder thereof to use omnibuses of which he is the registered owner for the purpose of the operation of an occasional service, on the occasion of any specified festival, fair, exhibition, excursion, tour or any other specified event, for the carriage of passengers to and from specified places and on the specified route or routes and in accordance with the conditions attached to the permit.

” specified” means In this subsection, specified in the permit.

(1) The period for which a stage carriage permit under this Part shall be in force shall-

(2) In any case where before the expiration of a stage carriage permit for a regular service, the holder thereof applies for another permit authorizing the use of omnibuses for substantially the same purposes as those authorized by the existing permit, the existing permit shall continue in force until the application is finally disposed of without prejudice, however, to the exercise in the meantime of the powers conferred by section 60.

(1) Every application for a stage carriage permit shall be made to the Commissioner in such form as the Commissioner may provide for the purpose.

(2)Every application for a stage carriage permit for a regular service shall be made not less than three months before the date on which the applicant requires the permit to come into force.

(3) Every applicant for a stage carriage permit shall submit together with his application, a statement in such form as the Commissioner may provide for the purpose, containing-

(4) An applicant for a stage carriage permit shall furnish to the Commissioner such other information as may be reasonably required for the purposes of this Act, including information pertaining to any matter mentioned in subsection (2) of section 56.

(1) The Commissioner shall publish in the prescribed manner notice of every application for a stage carriage permit for a regular service and shall specify in such notice the time at which and the manner in which objections may be made against the grant of the application.

(2) In the case of any application referred to in subsection (1), any person already providing transport facilities, whether by means of road transport or any other means of transport, for the carriage of passengers for fee or reward along or near to the proposed route or routes or any part thereof may, on payment of the prescribed fee, make objection against the grant of the application on the ground that suitable transport facilities along or near to the proposed route or routes or part thereof, are, or if the application were granted, would be, in excess of requirements, or on the ground that any of the conditions of any permit held by the applicant has not been complied with.

An objection may be made under this subsection on behalf of the railway by the General Manager of the railways or any other officer of his department authorized by him for the purpose; no fee shall be payable in respect of any such objection.

(3) Any local authority within whose administrative limits any part of the route or routes proposed by an applicant for a stage carriage permit is situated or any other persons interested may make representations in relation to the application; and the Commissioner shall take into consideration any representations so made.

(1) A stage carriage permit for an occasional service shall not be granted to any person other than-

(2) An application for a certificate of eligibility for stage carriage permits for occasional services may be made by and only by-

(3) Every application for a certificate of eligibility under this section shall be made to the Commissioner and shall be disposed of in his discretion.

(4)The grant to any person of a certificate of eligibility under this section shall not be deemed or construed in any way to limit or affect the right of the Commissioner to refuse any application by that person for a stage carriage permit for an occasional service.

(5) No stage carriage permit for an occasional service shall be granted to any person referred to in paragraph (c) of subsection (2) authorizing the use of any omnibus unless that person was in the year 1950 the registered owner of that omnibus.

(6) In any case where a stage carriage permit for an occasional service can lawfully be granted to any person and the Commissioner is unable to grant a permit prior to the time at which the service is proposed to be commenced, the Commissioner may orally authorize the applicant to provide the service ; and any service provided in accordance with such oral authority shall be deemed to be a service provided under a stage carriage permit if the prescribed fee for the requisite permit is paid within seven days of the date on which the service was provided.

(1) Subject to the provisions to the contrary in the succeeding subsections of this section, the grant under this Part of stage carriage permits for regular services shall be so regulated as to secure that different persons are not authorized to provide regular services involving the use of the same section of any highway.

(2) The Commissioner may, where he considers necessary so to do having regard to the needs and convenience of the public, make a determination having the effect that two or more persons are authorized by their permits to provide regular services involving the use of the same section of the highway, if-

(3) The fact that a stage carriage permit is granted to any person authorizing the provision of a regular service involving the use of any section of a highway shall not be deemed to prohibit the grant to any other person of, a permit authorizing the provision of a regular service involving the use of the same section of the highway if the section of the highway lies within the administrative limits of any Municipal Council or Urban Council:

Provided, however, that regulations may be made-

(4) In any case where permits have under the preceding provisions of this section been granted to two or more persons authorizing the provision of regular services involving the use of the same section of a highway, the Commissioner may, if he considers it necessary so to do, for the purpose of meeting intensive demand for passenger transport whether on that section of the highway or any part of that section or any longer section which includes that section or part, make a determination for the grant, to any one or more of such persons or to each of them, of an additional permit authorizing the provision of a regular local service on the same section or such part of the section or such longer section, as the case may be :

Provided, however, that in the case of such longer section, the additional permit shall not be granted to any person unless he is already the holder of a stage carriage permit for a regular service involving the use of the longer section.

(5)Where the Commissioner has, under subsection (1) of section 59, made order directing the holder of a stage carriage permit to increase the frequency of the services provided under that permit or to provide any additional service, and that order is not complied with within three months of the date of the service thereof on the holder or such longer period as the Commissioner may allow, the Commissioner may, notwithstanding anything to the contrary in subsection (1), after inviting applications for the purpose by notice in the Gazette, grant to any other person a stage carriage permit authorizing the provision of any regular service necessary to meet the increased demand for passenger transport which occasions the making of the order.

Nothing in section 52 or in section 53 shall apply in relation to the grant of a permit under this subsection.

(6) Where any company engaged in the publication of a newspaper was during the year 1950 the holder of a road service licence issued under subsection (2) of section 7 of the Omnibus Service Licensing Ordinance, No. 47 of 1942*, authorizing the company to provide on any route such an omnibus service as enabled newspapers published by the company to be carried and distributed, the Commissioner may grant a stage carriage permit to that company authorizing the provision of a regular service involving the use of that route for the purpose of enabling newspapers published by the company to be carried and distributed, notwithstanding that any other person is also authorized to provide a regular service involving the use of that route.

(7) Notwithstanding anything in subsection (1) of this section, a stage carriage permit may be granted to any person mentioned in the first column of Part A of the Schedule to this Act authorizing that person to continue to provide a regular service, being a service indentical with that heretofore provided by him under the authority of the road service licence described in the corresponding entry in the second column of Part A of that Schedule.

(8) Notwithstanding anything in subsection (1) of this section, the grant to the Colombo Municipal Council of a stage carriage permit authorizing the provision of a regular omnibus service on any route referred to in subsection (3) of section 66 shall not prevent the grant of a stage carriage permit to the person mentioned in the first column of Part B of the Schedule to this Act, authorizing him to continue to provide a regular service, being a service identical with that heretofore provided by him under the authority of any road service licences described in the second column of Part B of that Schedule:

Provided, however, that-

(1) Subject to the provisions of sections 54 and 55, the Commissioner shall have full power and discretion to make a determination either to grant or refuse an application for a stage carriage permit.

(2) The Commissioner, in exercising the discretion in regard to the grant or refusal of stage carriage permits and to the route or routes in respect of which permits may be granted, shall have regard primarily to the interests of the public generally, including those of persons requiring, as well as those of persons providing, facilities for the transport of passengers for fee or reward and shall, in particular, have regard in the case of any application for any such permit, to the following matters:-

(a) that the fares to be charged shall be such as may be specified in the permit;

(b) that the service shall be operated in accordance with a time-table specified in the permit;

(c) that copies of the time-table and fare- table shall be carried and kept exhibited in omnibuses used on the service;

(d) that every omnibus used on the service shall be of a specified type and be maintained at all times in a fit and serviceable condition ;

(e) that no omnibus shall be used on the service unless a certificate of fitness in respect thereof is in force for the time being;

(f) in a case where permits are issued to different persons involving the use of the same section of a highway, or where any route or part thereof lies within the administrative limits of any local authority, that passengers shall not be taken up or shall not be set down-

(g) that the requirements of any written law with respect to the time for which drivers or conductors of omnibuses may remain continuously on duty and to their hours of work or rest and to their wages are complied with in the case of the drivers and conductors of the omnibuses used under the authority of the permit;

(h) that the speed limits prescribed by any written law and applicable in the case of omnibuses shall be observed in the operation of the service;

(i) that mails or newspapers shall be carried to such places and at such times as the Commissioner may specify, if payment for such carriage is made in accordance with rates approved by the Commissioner, and in the case of mails, that they shall be carried in accordance with terms and arrangements approved by the Commissioner and embodied in a contract between the applicant and the Postmaster-General;

(j) that the holder of the permit must make adequate provision, whether by setting apart of funds or in any other prescribed manner for depreciation of omnibuses, buildings and plant and for the purchase of new omnibuses;

(k) that, in the case of a permit for a regular service, the holder shall be bound, if required so to do, to provide omnibus services or hiring car services on any neighbouring route or routes in the area deemed by the Commissioner to be the area served by the regular service provided under the permit, whenever the Commissioner is of the opinion that such additional omnibus or hiring car services are necessary in the public interest.

(1) For the purpose of meeting any increased demand for passenger transport, the Commissioner may by order direct the holder of a stage carriage permit for a regular service to increase the frequency of the services provided under any permit, or to provide additional regular services, whether on the whole of the route or routes specified in the permit or on any such route or part thereof; and any service which is provided in compliance with the order shall be deemed for the purposes of this Part to be a service authorized by that permit. No such order shall be made unless the holder has first been given an opportunity to be heard.

(2) For the purpose of meeting any demand for passenger transport during the existence of any emergency, the Commissioner may grant a stage carriage permit to any person authorizing the provision of such emergency services as may be specified in the permit. Nothing in section 52 or in section 53 shall apply in relation to the grant of any permit under this subsection; and any such permit may be granted notwithstanding anything to the contrary in section 55.

(3) A certificate under the hand of the Minister to the effect that an emergency exists shall for the purposes of subsection (2) be final and conclusive.

(1) Subject to the provisions of this section, the Commissioner may revoke any stage carriage permit or suspend any permit for any specified period on the ground that any of the conditions attached to the permit have not been complied with.

(2) The Commissioner shall not make a determination that a stage carriage permit be revoked or suspended unless satisfied that such revocation or suspension is necessary by reason of the frequency of the breach of conditions, or of any breach having been committed wilfully or to the danger of the public.

(3) In any case where it would be lawful for the Commissioner in accordance with the preceding provisions of this section to make a determination that a permit be revoked or suspended, the Commissioner may instead order him to pay a penalty of an amount not exceeding five thousand rupees or, in the case of a continuing breach of a condition, not exceeding two hundred rupees for each day on which the breach was so continued.

(4) The amount of any penalty shall, when paid, be credited to the Consolidated Fund.

(5) The provisions of this section shall not affect or prejudice the institution or maintenance in any case of a prosecution for any offence under this Act or any other written law.

(1) Where a stage carriage permit is revoked under section 60, the Commissioner may-

(2) Nothing in sections 51, 52, 53, 54, 55, 56 and 66 shall apply in relation to the grant of any stage carriage permit under subsection (1).

(3) The Minister may by Order published in the Gazette vest in the State or requisition any such omnibuses or other property used by any person for the provision of a regular or an occasional omnibus service or tourist or other similar service as may be required by the Commissioner for the provision by him of an omnibus service.

(4) Any property vested in the State under subsection (3) shall so vest free from all encumbrances.

(5) Where any property is on any date vested in the State under subsection (3), the Commissioner shall pay under the general directions of the Minister fair compensation to the person in whose possession that property was on the day on which such property vested in the State.

(6) Where any property is on any date requisitioned under subsection (3), the Commissioner shall pay as compensation a fair rent or hire to the person in whose possession that property was on the day immediately preceding that date. Any compensation under this subsection shall be considered as accruing due from day to day during the period of requisition and shall be apportionable in respect of time accordingly.

(7) The mode of payment of compensation under this section shall be as determined by the Minister in charge of the subject of Finance.

(8) Where any person is aggrieved by the decision of the Commissioner in respect of any compensation payable under this section, that person may make a written appeal from that decision to the Minister, and the Minister’s decision on every appeal under this subsection shall be final and conclusive and shall not be called in question in any court.

(9) The Commissioner or any officer authorized by him in that behalf may take possession of any omnibus or other property vested in the State or requisitioned under subsection (3).

(10) Every person who prevents or obstructs any person from or in taking possession, under subsection (9), of any omnibus or other property vested in the State or requisitioned under subsection (3) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a period not exceeding one year or to a fine not exceeding one thousand rupees or to both such imprisonment and fine.

(1) The holder of a stage carriage permit shall not transfer or assign the permit to any other person.

(2) In the event of the death of the holder of a stage carriage permit, the person having the custody of the omnibus or the majority of the omnibuses used under the authority of the permit shall forthwith give notice of the death to the Commissioner; and if that person, within fourteen days of the death of the holder, makes application to the Commissioner for a new permit in substitution for the existing permit, that person shall be deemed for the purposes of this Act to be the holder of the existing permit during the period commencing on the date of the death and ending on the date of the grant or refusal of the application:

Provided, however, that no stage carriage permit shall by reason of the preceding provisions of this section be deemed to be in force at any time after the period for which the permit was granted.

(3) Where upon the death of the holder of a stage carriage permit for a regular service the application (referred to in subsection (2)) for a new permit is made by the person to whom the business carried on by the deceased holder under the authority of his permit has passed by testamentary disposition or upon intestacy, nothing in section 53 shall apply in relation to the application.

(4) In the event of the insolvency or bankruptcy of the holder of a stage carriage permit, the assignee, liquidator or receiver of the estate of the insolvent or bankrupt shall, within seven days of his appointment, give notice thereof to the Commissioner, and shall be deemed for the purposes of this Part to be the holder of the permit.

(5) In any case where the Commissioner is satisfied that a company in respect of which the provisions of section 67 are complied with, has prior to the 1st day of January, 1954, been formed for the purpose of carrying on the business of any holder of a stage carriage permit for a regular service, the Commissioner (notwithstanding that that section has not come into operation) may, upon application made to him in that behalf by such holder, endorse the permit by entering therein the name of the company as the holder of the permit.

(1)

(2) Every determination of the Commissioner under this Part against which a right of appeal is conferred by subsection (1) shall, if such right of appeal is not duly exercised, be final and conclusive.

(3) Every decision, determination or order of the Commissioner under this Part, against which a right of appeal is not conferred by subsection (1), shall be final and conclusive.

(4) The finality of any decision, determination or order of the Commissioner shall not prejudice the power of the Commissioner, with the consent of the person or persons affected thereby, to correct any error therein which was due to inadvertence.

(1) Notice of every determination, decision or order of the Commissioner prescribed manner to every person to whom such notice is required by regulation to be given.

(2) Where any determination of the Commissioner does not set out the reasons therefor, any person who has under section 62 a right of appeal against that determination may, within seven days of the service on him of notice of the determination, request the Commissioner to furnish to him a statement of the reasons for the determination ; and it shall be the duty of the Commissioner in any such case to furnish the statement so required.

(a) the procedure on applications for, and the determination of, questions in connexion with the grant, variation, suspension and revocation of stage carriage permits, the fees payable in respect of such applications and permits, and the manner in which, whether in a lump sum or in instalments, such fees shall be payable;

(b) the custody of permits under this Part, and their production, return and cancellation on expiration, suspension or revocation, and the custody, production and return of documents and plates;

(c) the plates and marks to be carried on omnibuses and the manner in which they are to be displayed;

(d) the records to be kept by holders of such permits in relation to the persons employed by such holder as drivers or conductors of omnibuses and to the times of the commencement and cessation of work by such persons and the intervals of rest taken by them;

(e) the documents to be carried by drivers of omnibuses and the particulars to be entered therein;

(f) the records to be kept in respect of the journeys performed by omnibuses (in addition to the registers required by section 182);

(g) the preservation of records so kept, the inspection of such records by any authority specified in the regulation, and the production for the purposes of such inspection of such records on demand made by any such authority.

(1) On or after the prescribed date, no stage carriage permit authorizing the provision of a regular omnibus service shall be granted under this Part to any person, other than a company eligible for the grant of such permits, or a registered co-operative society.

(2) Notwithstanding anything in section 50, every stage carriage permit authorizing the provision of a regular omnibus service which is held by any person, other than a company eligible for the grant of such permits or a registered co-operative society, shall cease to be in force on the prescribed date.

(3) Nothing in the preceding provisions of this section shall prevent the grant of a stage carriage permit to the Colombo Municipal Council authorizing the provision of services on any route on which a tramway service was provided in the month of December, 1949, or on such other route within the administrative limits of that Council as may be approved by the Minister or affect the continuance in force of any such permit granted to that Council.

(1) In order that a company may be eligible for the grant of stage carriage permits authorizing the provision of regular omnibus services on or after the prescribed date, the following provisions must be complied with in relation to that company :-

(2) Where regulations are made in that behalf, no purpose other than a purpose specified in that behalf in such regulations, shall be deemed to be, within the meaning of paragraph (/) of subsection (1), a purpose reasonably connected with or incidental to the business of providing road transport services for passenger carriage.

(1) The Minister may, from time to time, but after the prescribed date, with the may subject of Finance, direct the Secretary to the Treasury to acquire on behalf of the Government any shares in any company which is the holder of a stage carriage permit authorizing the provision of a regular omnibus service, so however that the total value of all the shares in any one company which may be acquired under the authority of this section shall not exceed forty-five per centum of the issued share capital for the time being of the company.

(2) Payment for any shares acquired under the authority of any direction under subsection (1) shall be made out of moneys provided by Parliament for the purpose.

(3) In any case where necessary arrangements cannot be made by agreement between the Secretary to the Treasury and a company and its shareholders, or both, for the transfer to him of all or any of the shares in that company which are proposed to be acquired under the authority of a direction under this section, it shall be lawful for the Minister, for the purpose of securing that the requisite number of shares is compulsorily acquired, to make order declaring that such shares as are specified in the order shall vest in the Secretary to the Treasury.

In determining which of the shares in a company are to be specified in an order under this subsection, the Minister shall have regard to the following conditions :-

(4) Where an order under subsection (3) is made in respect of any shares in a company, then, notwithstanding that a proper instrument of transfer is not delivered to the company in respect of such shares, it shall be the duty of the company, if required so to do by the Secretary to the Treasury and upon production of the order, to register him as shareholder in respect of those shares.

(1) The amount of the price to be paid for any shares acquired under section 68 shall be determined by agreement with the company or the shareholder, as the case may be, or, in the absence of such agreement, by arbitration as hereinafter provided.

(2) Where the value of any shares is to be determined by arbitration, the arbitration shall be conducted-

(3) Where in any case referred to in paragraph (b) of subsection (2) there is a difference of opinion among the two arbitrators in respect of any matter, the matter shall be referred for decision to an umpire chosen by them, or if they are unable to agree as to the choice of an umpire, by an umpire appointed for the purpose by the District Court of Colombo on application made by any party to the arbitration proceedings.

No stamp duty shall be payable in respect of any application under this subsection.

Each party shall be liable to pay in equal shares the amount of the fee payable to an umpire chosen or appointed under this subsection.

(4) The decision of a single arbitrator, or where there are two arbitrators their agreed decision, or in any case referred to in subsection (3) the decision of an umpire, shall be final and conclusive for the purpose of this section, and shall be binding on the company and on every shareholder whose shares are acquired.

(5) Regulations may be made in respect of all matters relating to or connected with the conduct of proceedings upon arbitration under this section.

(1) Where any shares are acquired Secretary under section 68 (whether or not an order of under that section has been made in respect of them), the Secretary to the Treasury, under the title ” the Secretary to the Treasury on behalf of the Government of Sri Lanka “, shall be registered as a member of the company and the necessary share certificates shall be issued to him under that title; and he or any public officer authorized by him in that behalf shall be entitled to be present and to speak at any meeting of the members of the company, and to exercise, in respect of the shares held by him on behalf of the Government, the same rights to vote as would have been exercisable if the shares were held by an ordinary shareholder.

(2) Notwithstanding that the Secretary to the Treasury is registered as hereinbefore provided as a member of any company, he shall not be eligible for election or appointment as a director of the company.

(3) So long as the nominal value of the shares which are held in any company on behalf of the Government is not less than twenty-five per centum of the Issued share capital for the time being of the company, the Secretary to the Treasury or any public officer authorized by him in writing in that behalf shall be entitled to be present and to speak but not to vote at any meeting of the directors of the company.

(4) The amount of all dividends payable upon any shares which are, as hereinbefore provided, held by the Secretary to the Treasury on behalf of the Government, shall be credited to the Consolidated Fund.

(5)

(1) The Minister may require the Commissioner to prepare and present a -scheme-

(2) For the purposes of the preparation of any scheme referred to in subsection (1), the Commissioner-

(3) In any scheme prepared under this section, the Commissioner shall have regard to and be bound by the decision given upon any dispute referred for arbitration as hereinbefore provided.

(4) Where any scheme prepared by the Commissioner under this section is approved by the Minister, the Minister may by notice direct each company concerned, before such date as may be specified in the notice, to take all such steps as are necessary to carry out the scheme; and where any such company fails to comply with the notice before the date so specified or within such extended time as the Minister may allow, the Minister may in his discretion by order declare that the company is in default for the purposes of subsection (5).

(5) Where by reason of an order made under subsection (4) any company is in default for the purposes of this subsection, then, notwithstanding anything in section 50, every stage carriage permit previously granted to that company shall, according as the Minister may in his discretion determine, either cease to be in force on a date to be fixed by the Minister or be altered by the Commissioner by the attachment thereto of a condition that no passenger is both picked up and set down in the area or on the routes to which the scheme relates. Every determination of the Minister under the preceding provisions of this subsection shall be final and shall not be subject to an appeal; and accordingly no appeal shall lie against the attachment to any permit of the condition referred to in the preceding provisions of this subsection.

(6)

(1) No hiring car shall, on or after the appointed date, be used for the carriage of passengers for fee or reward at separate fares except under the authority of a stage carriage permit for a regular hiring car service granted by the Commissioner under this Part and for the time being in force.

(2) For the purposes of subsection (I), where persons are carried in a hiring car for any journey in consideration of separate payments made by them, whether to the owner of the hiring car or to any other person, the hiring car shall be deemed to be used for the carriage of passengers for fee or reward at separate fares, whether the payments are solely in respect of the journey or not.

(3) The provisions of sections 47 to 64 relating to regular services shall apply, mutatis mutandis, in all respects in relation to applications for and the grant of stage carriage permits for regular hiring car services and to any permit so granted; and for the purposes of such application every reference in any of the aforesaid provisions to an omnibus or a regular service shall be deemed to include a reference to a hiring car or a regular hiring car service, as the case may be:

Provided, however, that regulations may be made modifying the provisions of any of the aforesaid sections in their application in relation to any of the matters aforesaid or declaring that any such provision shall not have effect in relation thereto.

(1) No private coach shall, on or after the appointed date, be used on any highway except under the authority of a private coach permit granted by the Commissioner under this Part and for the time being in force.

(2) The provisions of subsection (1) shall not apply to any private coach which is used by any dealer on any highway if, but only if, it is so used under and in accordance with a dealer’s licence issued under Part III.

(3) Every application for a private coach permit shall be made to the Commissioner in such form as he may provide for the purpose and may be granted or refused in his discretion. The determination of the Commissioner upon any such application, or in respect of any matter for which provision is made in sections 75 to 77 or in any regulation made under section 78, shall be final and conclusive.

(1) A private coach permit granted under this Part shall entitle the holder thereof to use each private coach specified in the permit for the carriage of persons and their personal luggage, otherwise than for fee or reward, for any purpose specified in the permit and in accordance with the conditions attached thereto.

(2) Regulations may be made declaring that any payment, made by a person of any prescribed description of persons and in the prescribed circumstances, in respect of the carriage of that person in a private coach shall be for the purposes of subsection (1) an exempted payment; and any such regulation may make different provisions with respect to private coaches used by persons of different descriptions or for different purposes.

A person shall not be deemed for the purposes of subsection (1) to be carried on any private coach for fee or reward by reason only that he makes or has made in respect of such carriage any payment so declared to be an exempted payment.

(1) The Commissioner shall, at the time of the grant of a private coach permit, specify therein, by reference to its distinctive number and such other particulars as he may consider necessary, each private coach the use of which is authorized by the permit: Provided, however, that in the case of a coach that has not been registered at the time of the grant of the permit, the Commissioner may specify that coach by reference to such particulars as are available, and shall in any such case enter in the permit the distinctive number and other necessary particulars prior to the issue under Part III of a revenue licence for that coach.

(2) No private coach permit shall be granted to any person authorizing the use of any private coach unless that person is the registered owner of that coach, or in a case referred to in the proviso to subsection (1), the Commissioner is satisfied that such person intends to be registered as the owner of that coach.

(a) to a person for the time being in charge of a school, in order to authorize the carriage of students of the school and of persons employed on the staff thereof; or

(b) to an airways undertaking, in order to authorize the carriage to and from airports of aircraft passengers and of persons employed in the undertaking; or

(c) to any employer, (including a department of Government or other public or local authority), in order to authorize the carriage of persons employed by or under the employer; or

(d) to any other person of any prescribed class or description of persons, in order to authorize the carriage of persons for any prescribed purpose,

(a) the particulars to be contained in applications for private coach permits, and the fees payable in respect thereof;

(b) for the conditions which shall or may be attached to such permits, the variation, modification or rescission of conditions or the addition of new conditions;

(c) for the revocation or suspension of such permits;

(d) for the duration of such permits ; and

(e) the plates and marks to be carried on private coaches and the manner in which they are to be displayed.

(1) No lorry shall, on or after the appointed date, be used on any highway except under the authority of a permit granted by the Commissioner under this Part and for the time being in force.

(2) The provisions of subsection (1) shall not apply to any lorry which is used by any dealer on any highway, if, but only if, it is so used under and in accordance with a dealer’s licence issued under Part III.

(3) The provisions of subsection (1) shall not apply to any trailer with a pay-load not exceeding ten hundredweight, if, but only if, it is being drawn by a private car and is being used for the carriage of goods authorized by section 178 or by regulations made under subsection (4) of that section to be carried on a private car.

(a) a public carrier’s permit; and

(b) a private carrier’s permit.

(1) A public carrier’s permit shall Authorized entitle the holder thereof to use the lorries good carriage. specified in the permit (hereinafter referred to as ” the authorized lorries “)-

(2) A private carrier’s permit shall entitle the holder thereof to use the lorries specified in the permit (hereinafter referred to as it the authorized lorries”) for the carriage of goods, otherwise than for fee or reward-

(3) The carriage of goods, by a person engaged in any trade or business, in any case mentioned in any of the following paragraphs shall not be deemed to be carriage for fee or reward :-

(4) For the purposes of this Part of this Act, the performance of its functions by any department of Government, or a local authority, or any prescribed public authority, shall be deemed to be the carrying on of a trade or business.

(1) The Commissioner shall, at the time of the grant of a permit under this Part, specify therein, by reference to its distinctive number and such other particulars as he may consider necessary, each lorry the use of which is authorized by the permit;

Provided, however, that in the case of a lorry which has not been registered under Part I at the time of the grant of the permit, the Commissioner may specify that lorry by reference to such particulars as are available, and shall in any such case enter in the permit the distinctive number and other necessary particulars prior to the issue under Part III of a revenue licence for that lorry.

(2) No lorry shall be or be capable of being specified as an authorized lorry-

(1) No lorry which is for the time being specified as an authorized lorry in any public carrier’s permit shall be used for the carriage of goods for any purpose other than a purpose mentioned in subsection (1) of section 81.

(2) Subject as hereinafter provided, no lorry which is for the time being specified as an authorized lorry in any private carrier’s permit shall be used for the carriage of goods for fee or reward ;

Provided, however, that the Commissioner may, in any case of emergency and subject to such conditions as he may consider necessary, authorize the holder of a private carrier’s permit to use an authorized lorry for the carriage of goods for any other person to whom he lets the lorry, if the Commissioner is satisfied that the requirements of such other person cannot be conveniently met from other sources.

(1) Subject to the provisions of section 85, the period (hereinafter referred to as ” the currency period “) for which a permit under this Part shall be in force shall-

Provided, however, that in the case of the first grant to an applicant of a permit under this Part the permit may, if the Commissioner considers it expedient for the purposes of administrative convenience, be expressed to be in force for a period exceeding or falling short of the currency period by not more than six months; and different periods may be so specified in the case of such permits granted to different applicants.

(2) In any case where before the expiration of a permit under this Part, other than a short-term permit referred to in section 85, the holder thereof applies for a permit authorizing the use of lorries for substantially the same purposes as those authorized by the existing permit, the existing permit shall continue in force until the application is finally disposed of, without prejudice, however, to the exercise in the meantime of the powers conferred by section 94.

(1) With a view to enabling lorries to be used temporarily-

(2) Where an application for a permit under this Part for the currency period is made for the first time under this Act by any person, the Commissioner, if for administrative reasons he deems it desirable so to do, may, pending the determination of the application grant to the applicant-

Any short-term permit granted under this subsection shall cease to be in force on the date on which the permit granted to the applicant for the currency period is expressed to come into force.

(1) Every application for a permit under this Part shall be made to the Commissioner.

(2)Every application for a permit under this Part for the currency period shall be made not less than three months before the date on which the applicant requires the permit to come into force.

(3) Every applicant for a permit under this Part shall submit, together with his application, a statement in such form as the Commissioner may provide for the purpose-

(4) Every applicant for a permit under this Part shall furnish such other information as the Commissioner may reasonably require for the purposes of the consideration of the application and, in particular, an applicant for a public carrier’s permit shall, if so required, submit in such form as the Commissioner may provide for the purpose-

(1) This section shall apply to every application-

Provided, however, that this section shall not apply-

(2) The Commissioner shall publish in the prescribed manner notice of every application to which this section applies and shall specify in such notice the time within which, and the manner in which objections may be made against the grant of the application.

(3) In the case of any application to which this section applies, any person already providing transport facilities, whether by means of road transport or any other means of transport, for the carriage of goods for fee or reward in the area or any part of the area or between any places which the applicant intends to serve under the authority of the permit applied for, may, on payment of the prescribed fee, make objection against the grant of the application on the ground that suitable transport facilities in that area or part or between those places are or, if the application were granted, would be, either generally or in respect of any particular type of lorries, in excess of requirements, or on the ground that any of the conditions of any permit held by the applicant has not been complied with.

An objection may be made under this subsection on behalf of the railway by the General Manager of Railways or any other officer of his department authorized by him for the purpose; no fee shall be payable in respect of any such objection.

(4) It shall be the duty of the Commissioner to hold a public hearing into every application to which this section applies and into all objections duly made by persons entitled under subsection (3) to make objections in respect of the application.

(5) Where, on an application for the grant of a permit under this Part, the Commissioner proposes to grant the application in respect of lorries, areas or routes other than those of which particulars were contained in the application, the Commissioner shall publish notice of that proposal in like manner as though it were an application to which this section applies; and thereupon the provisions of this section with respect to the making and considering of objections and the holding of a public inquiry shall apply accordingly ;

Provided, however, that nothing in the preceding provisions of this subsection shall apply if the Commissioner certifies that he is satisfied that the total pay-load of the lorries proposed by the Commissioner to be authorized will not be materially greater than that of the lorries specified in the application.

(1) Where any two places are conveniently connected by railway, and the shortest distance by road between those places is not less than sixty miles, then, save as otherwise provided in section 89, no permit shall be granted-

(2) For the purposes of subsection (1), any two places shall be deemed to be conveniently connected by railway if-

(3) For the purposes of this section, the expression ” distance by road ” means the distance measured along any highway or highways on which the use of lorries is not prohibited under this Act.

(1) Notwithstanding the provisions of section 88, a permit authorizing any carriage of the description mentioned in that section (hereinafter referred to as ” regulated long-distance carriage “) may be granted-

(2) For the purposes of subsection (1), the expression ” successor “, in relation to a person who, immediately prior to the 31st day of December, 1949, was the holder of a licence authorizing the use of a lorry or lorries for the purpose of any trade, business or undertaking (including an agricultural undertaking), means-

(3) No permit authorizing regulated long- distance carriage which is granted on the ground specified in paragraph (b) of subsection (1) shall be expressed to be in force after the 31st day of December, 1957 ; and the provisions of this subsection shall have effect notwithstanding anything in section 84.

(4) In any case where-

(5) No permit authorizing regulated long- distance carriage shall be granted on the ground of strong economic justification, unless the Commissioner is satisfied-

(6)Nothing in section 88 shall be deemed or construed in any case to prohibit the grant of a permit authorizing regulated long-distance carriage in any case where the permit is required by any applicant to authorize any carriage of any description set out hereunder:-

(7) Nothing in section 88 shall be deemed or construed to prohibit the grant, to the holder of a private carrier’s permit, of a short-term permit authorizing regulated long-distance carriage in any case where the Commissioner is satisfied that such short-term permit is required on any particular occasion for any purpose of a prescribed description.

(1) Subject to the provisions of sections 88 and 89, the Commissioner shall or have full power and discretion to make a determination either to grant or refuse an application for a permit under this Part or to grant a permit in respect of lorries or areas or routes other than those of which particulars were contained in the application, or in respect of lorries less in number than, or differing in type from, those for the use of which authorization was applied for :

Provided, however, that except in a case to which section 88 or section 89 applies, the Commissioner shall not refuse an application for a private carrier’s permit, unless he has reason to believe that the applicant does not bona fide require the use of any lorry, in the area or on the routes specified in his application, for the purposes of any trade or business carried on by him or for any other purpose of a private character.

(2) The Commissioner in exercising the discretion in regard to the grant or refusal of permits under this Part shall have regard primarily to the interests of the public generally, including those of persons requiring, as well as those of persons providing, facilities for transport of goods; and shall, as far as may be, be guided by the following considerations of policy, that is to say:-

(3) The Commissioner in exercising the discretion in regard to the grant or refusal of permits under this Part shall have regard in the case of an application for a public carrier’s permit-

(1) It shall be a condition of every permit under this Part-

(2) The Commissioner may attach to any permit under this Part all such conditions he may think fit to impose in the public interest and with a view to preventing uneconomic competition, including conditions requiring-

(1) The Commissioner may, (subject in any case to which section 87 applies, to the provisions of that section), upon application made to him in that behalf by the holder of a permit under this Part, vary the permit-

(2) The Commissioner shall, upon application made to him in that behalf by the holder of a permit under this Part, vary the permit-

(3) In any case where the Commissioner is satisfied-

(1) Subject to the provisions of this section, the Commissioner may revoke any permit under this Part or suspend any such permit for any specified period, on the ground that any of the conditions attached to the permit has not been complied with.

(2)

(3)In any case where it would be lawful for the Commissioner, in accordance with the preceding provisions of this section, to make a determination that a permit be revoked or suspended, the Commissioner may instead-

(4) The amount of any penalty so imposed shall when paid be credited to the Consolidated Fund.

(5) The provisions of this section shall not affect or prejudice the institution or maintenance in any case of a prosecution for any offence under this Act or any other written law.

(1) The holder of a permit under this Part shall not transfer or assign the permit to any other person.

(2) In the event of the death of the holder of a permit under this Part, the person having the custody of the authorized lorry or the majority of the authorized lorries, shall forthwith give notice of the death to the Commissioner; and if that person, within fourteen days of the death of the holder, makes application to the Commissioner for a new permit in substitution for the existing permit, that person shall be deemed for the purposes of this Act to be the holder of the existing permit during the period commencing on the date of the death and ending on the date of the grant or refusal of the application : Provided, however, that no permit under this Part shall by reason of the preceding provisions of this subsection be deemed to be in force at any time after the period for which the permit was granted.

(3) Where upon the death of the holder of a permit under this Part the application (referred to in subsection (2)) for a new permit is made by a person to whom the business carried on by the deceased holder under the authority of his permit has passed by testamentary disposition or upon intestacy, that business shall for the purposes of paragraph (i) of the proviso to section 87 (1) be deemed to have been acquired by that person.

(4) In the event of the insolvency or bankruptcy of the holder of a permit under this Part, the assignee, liquidator or receiver of the estate of the insolvent or bankrupt shall, within seven days of the appointment, give notice thereof to the Commissioner, and shall be deemed for the purposes of this Part to be the holder of the permit.

(1)

shall have a right of appeal against the determination or order in accordance with the provisions in that behalf in part X:

Provided, however, that except in a case referred to in paragraph (c) of this subsection, such right of appeal shall be only on a question of law.

(2) Every determination of the Commissioner under this Part against which a right of appeal is conferred by subsection (I) shall, if such right is not duly exercised, be final and conclusive.

(3) Every decision or determination of the Commissioner under this Part, against which a right of appeal is not conferred by subsection (1), shall be final and conclusive.

(4) The finality of any decision or determination of the Commissioner shall not prejudice the power of the Commissioner, with the consent of the person or persons affected thereby, to correct any error therein which was due to inadvertence.

(1) Notice of every determination or decision of the Commissioner under this Part shall be given in the prescribed manner to every person to whom such notice is required by regulation to be given.

(2) Where any determination of the Commissioner does not set out the reasons therefor, any person who has under section 96 a right of appeal against that determination may, within seven days of the service on him of notice of the determination, request the Commissioner to furnish to him a statement of the reasons for the determination; and it shall be the duty of the Commissioner in any such case to furnish the statement so required.

(1) Regulations may be made with respect to all or any of the following matters:-

(2) Regulations under subsection (1) may make different provisions as respects different classes or descriptions of lorries and as respects lorries used in different circumstances.

(1) Save as is otherwise provided in subsection (2), no person shall use or drive, cause or permit any other person to use or drive, a motor vehicle on a highway 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 a security, in respect of third-party risks, in conformity with the requirements of this Part.

(2) The provisions of subsection (1) shall not apply in the case of a motor vehicle belonging to the State or a local authority at any time when the motor vehicle is being used or driven for the purposes of the State service or, as the case may be, by a servant of the local authority in the course of his employment.

(1) In order to conform to the requirements of this Part a policy of insurance in relation to the use of a motor vehicle must be a policy which-

Provided that nothing in this subsection shall be deemed to require any such policy to cover-

(2) The conditions prescribed for the purposes of paragraph (a) of subsection (1) may include a condition requiring a deposit to be made by an insurer.

(3) Notwithstanding anything in any other law to the contrary, an insurer issuing a policy of insurance for the purposes of this Part shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons.

(4) A policy of insurance shall be of no effect for the purposes of this Part unless and until there is issued by the insurer to the person by whom the policy is effected a certificate in the prescribed form containing such particulars of any conditions subject to which the policy is issued and of such other matters as may be prescribed.

(5) In this Part the expression ” policy of insurance ” includes a covering note.

(1) In order to conform to the requirements of this Part a security in relation to the use of a motor vehicle must-

(2) The conditions prescribed for the purposes of paragraph (a) of subsection (1) may include a condition requiring a deposit to be made by any person or body of persons desiring to be authorized to give security for the purposes of this Part.

(3) A security shall be of no effect for the purposes of this Part unless and until there is issued, by the person or body of persons giving the security to the person to whom it is given, a certificate in the prescribed form and containing such particulars of any conditions subject to which the security is issued and of such other matters as may be prescribed.

(1) Where a certificate of insurance has been issued in connexion with a policy of insurance, so much of the policy as purports to restrict, or attach conditions, to the insurance of any person insured thereby shall, save as is otherwise provided in subsection (4), be of no effect as respects any such liability as is required to be covered by section 100 (1) (b).

(2) Any condition in a policy of insurance effected for the purposes of this Part, providing that no liability shall arise under the policy, or that any liability 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, shall be of no effect in connexion with any claims in respect of any liability mentioned in section 100 (l)(b).

(3) Nothing in subsection (1) or subsection (2) shall be deemed to render void any provision in a policy of insurance requiring the person insured to repay to the insurer any sums which the insurer may have become liable to pay under the policy and which have been applied to the satisfaction of the claims of third parties.

(4) Nothing in subsection (1) shall apply in the case of any condition in a policy of insurance, being a condition which-

(5) Where a person, who has completed eighteen years of age, drives any motor vehicle in accordance with the conditions set out in section 123 (2) for the purpose of learning to drive a motor vehicle, no condition inserted under paragraph (c) (ii) of subsection (4) in the policy of insurance relating to that vehicle shall be of any effect as respects any such liability, as is required to be covered by section 100 (1) (b), and as may be incurred while the motor vehicle is driven by that person.

(1) The driver of any motor vehicle on a highway shall, on being required so to do by any police officer, give his name and address and the name and address of the owner of the vehicle, and produce for inspection the certificate of insurance or of security issued in respect of that vehicle :

Provided, however, that no person shall be deemed to have contravened the provisions of this subsection by reason only of the failure to produce such certificate, if before the expiry of a period of five days from the date on which the production of the certificate was so required, he delivers the certificate in person for inspection at such police station as may have been specified by him on that date.

(2) The owner of a motor vehicle shall give such information as may be required by a police officer for the purpose of determining whether or not the vehicle was being driven in contravention of section 99 on any occasion when the driver was required under subsection (1) to produce the certificate.

(1) If after a certificate of insurance has been issued under section 100 (4) to the persons by whom a policy has been effected, a decree in respect of any such liability as is required by section 100 (1) (b) to be covered by a policy of insurance (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 sections 106 to 109, pay to the persons entitled to the benefit of the decree any sum payable thereunder in respect of that liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum under such decree.

(2) In this section, ” 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.

(a)in respect of any decree, unless before or within seven days after the commencement of the action in which the decree was entered, notice of the action had been given to the insurer by a party to the action; or

(b) in respect of any decree, so long as execution thereof is stayed pending appeal.

(a) before the happening of the said event the certificate of insurance was surrendered to the insurer, or an affidavit stating that the certificate had been lost or destroyed, was made and delivered to the insurer by the person to whom the certificate was issued ; or

(b) after the happening of the said event but before the expiration of a period of fourteen days from the taking effect of the cancellation of the policy, the certificate was surrendered to the insurer or an affidavit was made and delivered to the insurer by the person to whom the certificate was issued ; or

(c) either before or after the happening of the said event, but within the said period of fourteen days, the insurer has commenced proceedings under this Part in respect of the failure to surrender the certificate.

(1) No sum shall be payable by an insurer under section 105 if, in any proceedings commenced before or within three months after the institution of the action in which the decree was entered, he has obtained from a court of competent jurisdiction-

Provided that an insurer who has obtained such a declaration as aforesaid in any such proceedings shall not thereby become entitled to the benefit of this section as respects any decree obtained in an action instituted before the commencement of those proceedings, unless before or within seven days after the commencement of those proceedings he has given notice thereof to the person who is the plaintiff in the said action specifying the non-disclosure or false representation on which he proposes to rely; and any person to whom notice of such proceedings is so given shall be entitled, if he thinks fit, to be made a party to the proceedings.

(2) In subsection (1) ” material fact ” and “material particular” mean respectively, a fact and a 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.

(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 section 100 (1) (b) shall be valid unless such third party is a party to the settlement.

(2) Notwithstanding anything contained in any other law, the death of a person to whom 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 Part, 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.

(1) Where under any policy of insurance effected for the purposes of this Part, a person is insured against any liability which he may incur to a third party, then-

if, either before or after that event, any such liability to any third party is incurred by the insured person, his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything contained in any other law to the contrary, be transferred to and vest in the third party to whom the liability is so incurred.

(2) Where any condition in a policy issued for the purposes of this Part purports either directly or indirectly 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 subsection (1), such condition shall be of no effect.

(3) Upon a transfer of rights under subsection (I), the insurer shall be under the same liability to the third party as he would have been to the insured person; Provided, however, that-

(1) Every person, against whom a claim is made in respect of any liability referred to in section 100 (1) (b), shall on demand made by or on behalf of the person making the claim, state whether or not he is insured in respect of that liability by any policy issued for the purposes of this Part, or would have been so insured if the insurer had not avoided or cancelled the policy, and shall, if he is or would have been so insured, 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 insured person being adjudged insolvent or making a composition or arrangement with his creditors, or, 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, it shall be the duty of the insolvent, 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 or company is under such liability to him as is covered by the provisions of this Part, 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 14, and for the purpose of enforcing such rights, if any; and any condition in a policy of insurance in so far as it purports 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 the information given to any person in pursuance of this section discloses ground for supposing that there have been or may have been transferred to him under section 112 rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by this section on the persons therein mentioned.

(4) The duty imposed by this section to give information shall include a duty to allow alt 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,

(1) For the purposes of sections 112, 113 and 114 the expression “liabilities to third parties” in relation to a person insured under any policy of insurance shall not include any liability of that person in the capacity of insurer under some other policy of insurance.

(2) The provisions of sections 112, 113 and 114 shall not apply-

(a) all matters stated or required in this Part to be prescribed ;

(b) the forms to be used for the purposes of this Part;

(c) the conditions subject to which an insurer or a person or body of persons giving security may be authorized for the purposes of section 100 or section 101, and the amount of the deposit that may be required and the person with whom and the manner in which such deposit is to be made and kept;

(d) applications for and the issue of, certificates of insurance or of security; the custody, production, cancellation and suspension of such certificates, and the issue of duplicates of such certificates;

(e) the records to be kept by insurers and by persons giving securities for the purposes of this Part, and the information to be furnished to the Commissioner and to licensing authorities by such insurers and persons;

(f) the adaptation or modification of any of the provisions of this Part for the purpose of the application of such provision in the case of motor vehicles imported for use in Sri Lanka by visitors making a temporary stay in Sri Lanka;

(g) all matters connected with or incidental to the matters specifically referred to in this section; and

(h) all such other matters as may be necessary for carrying out or giving effect to the principles and provisions of this Part.

(a) motor coaches,

(b) lorries, and, in addition, motor ambulances, and motor hearses,

(c) hiring cars,

(d) steam-driven motor vehicles,

(e) motor cycles,

(f) invalid carriages,

(g) private cars, and motor vehicles not hereinbefore specified.

(1) Subject to the provisions of subsection(2)-

(2) For the purpose of learning to drive a motor vehicle, a person who has attained the age of eighteen years may, notwithstanding that he is not the holder of a driving licence, drive on a highway any motor vehicle, other than a motor coach, hiring car or lorry, carrying passengers or goods, as the case may be-

(1) Every application for a driving licence shall be made to the Commissioner in the prescribed form, and shall be accompanied by-

(2) Every applicant for a driving licence which is to be valid for motor vehicles of any or every class referred to in paragraphs (a) to (c) of section 122 shall prove to the satisfaction of the Commissioner-

(1) Every driving licence shall be in the prescribed form.

(2) No driving licence shall be issued to any person unless he has, within the thirty days immediately preceding the date on which the licence is required, passed a driving test conducted by the Commissioner or by some other person authorized for the purpose by the Commissioner, and satisfied the Commissioner or such other person, as the case may be-

(3) No driving licence which is to be valid for motor vehicles of any or every class referred to in paragraphs (a) to (c) of section 122 shall be issued to any person who is a registered criminal within the meaning of the Prevention of Crimes Ordinance unless the Commissioner, after considering any report made in respect of that person by the Inspector-General of Police, is satisfied that that person is a fit and proper person to be a holder of such a licence.

(4) No driving licence shall be issued to any person if he is suffering from any such disease or disability as may be prescribed, or if the Commissioner is satisfied that the person suffers from any physical or mental disability which is likely to prevent him from driving a motor vehicle in a safe and proper manner.

(5) No driving licence shall be issued to any person who has not attained the age of eighteen years, and any licence issued to any such person shall be of no effect.

(6) One of the copies of the photograph, furnished under section 124 (1) by an applicant for a driving licence, shall be affixed to the licence issued to him and shall be authenticated by the Commissioner with a facsimile of his signature or with his official seal or stamp ; and the other copy shall be filed of record in the office of the Commissioner.

(7) Every holder of a driving licence shall furnish two copies of his photograph to the Commissioner whenever the copy affixed to his licence under subsection (6) is faded, defaced, damaged, or torn, or whenever he is ordered to do so by the Commissioner, or by a court before which he is convicted under any written law of an offence in connexion with the driving of a motor vehicle. The copies furnished under this subsection shall be dealt with in the manner provided by subsection (6).

(1) Subject to the provisions of subsections (2) and (3), every driving licence issued under this Part shall be effective without renewal during the lifetime of the holder thereof.

(2) A driving licence which is cancelled under the succeeding provisions of this Part shall cease to be effective on the date of the cancellation thereof.

(3) A driving licence which is suspended for any period under the succeeding provisions of this Part shall not be effective during the period of such suspension.