The Big Stories - PROVINCIAL MOTOR VEHICLES 1978 Pakistan -Definitions

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

Definitions

In this Ordinance, unless the context otherwise requires, the following expressions

shall have the meanings hereby respectively assigned to them, that is to say.

(1) "ambulance" means a vehicle designed for the carriage of sick, wounded or invalid persons or animals.

(2) "axle weight" means in relation to an axle of vehicle the total weight transmitted by the several wheels attached to axle to the surface whereon the vehicle rests.

(3) "Corporation" means the Road Transport Corporation established under section 70.

(4) "certificate of registration" means the certificate issued by the competent authority to the effect that a Motor Vehicle has been registered a accordance with the provisions of Chapter III.

(5) "contract carriage” means a Motor Vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum and from one point to another without sloping to pick up or set down along the line of route passengers not included in the contract, and includes a motor cab notwithstanding that the passengers may pay separate fares.

(6) “delivery van" means any goods vehicle the registered laden weight of which does not exceed 5,000 pounds avoirdupois.

(7) "driver” includes, where a separate person acts as steersman of a Motor Vehicle, that person as welt as any other person engaged in the driving of the vehicle.

(8) "emergency vehicle” means a Motor Vehicle used solely for police, fire-brigade or ambulance purposes or to relieve distress.

(9) "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage.

(10) "goods" include live-stock and anything (other than equipment ordinarily used with vehicle carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal Luggage of passengers travelling in the vehicle.

(11) "goods vehicle" means any Motor Vehicle constructed or adapted for use for the carriage of goods, or any Motor Vehicle not so constructed or adapted when used for the carriage of goods, solely or in addition to passengers.

(12) "Government" means the Government of Baluchistan/N.W.F.P./Punjab/Sind .

(13) "heavy transport vehicle" means a transport vehicle the registered axle weight of which

exceeds 10,600 pounds avoirdupois, or the registered laden weight of which exceeds 14.500 pounds avoirdupois.

(14) "intersection" shall include the area bounded by the side lines, real or projected, of two or more public highways which meet or cross each other.

(15) "invalid carriage" means a Motor Vehicle the unladed weight of which does not exceed five hundred weights, specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person.

(16) "license" means the document issued by a competent authority authorizing the person

specified therein to drive a Motor Vehicle or a Motor Vehicle of any specified class or description.

(17) "licensing authority" means an authority empowered to grant licenses under this Ordinance.

(18) "light transport vehicle" means any public service vehicle other than a motor cab, or any

goods vehicle other than a heavy transport vehicle or a delivery van.

(19) "locomotive" means a Motor Vehicle which is itself not constructed to carry any load (other than equipment used for the purpose of propulsion), the unladed weight of exceeds 16,000 pounds avoirdupois, but does not include a road roller.

(20) "motor cab” means any Motor Vehicle constructed, adapted or used to carry not more than ten passengers excluding the driver, for hire or reward.

(21) "motor car" means any Motor Vehicle other than a transport vehicle, locomotive, road roller, tractor, motor cycle or invalid carriage.

(22) "motor cycle" means a Motor Vehicle, other than an invalid carriage, with less than four

wheels, the unladed weight of which, inclusive of any side-car attached to the vehicle, docs not exceed 300 pounds avoirdupois.

(23) "motor vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source, and includes a

chassis to which a body has not been attached [or a tractor] and a trailer ; but does not include a vehicle running upon fixed rails or used solely upon the premises of the owner.

(24) "owner" means the person in whose name the Motor Vehicle is registered and include,

(a) a transferee of the Vehicle from such person.

(b) in relation to a Motor Vehicle which is the subject of a hire-purchase agreement, the person in possession of the vehicle under that agreement,

(c) where the person in whose name the Motor Vehicle is registered or the person in possession of the motor vehicle under a hire purchase agreement,

(i) a minor, the guardian of such minor.

(ii) a company registered under the Companies Act, 1913, the directors of such company.

(iii) a society registered under the Societies Registration Act. 1860, or under any law relating to cooperative societies, the principal officer of such society by whatever designation known

(iv) a firm, all the partners of such firm ; and

(v) any other association of persons, all the members of such association :

Provided that where such company, firm, society or other association of persons has given notice to the registering authority that it has nominated a director, partner, office bearers, member or officer, as the case may be of the company, firm, society or association to be the owner of the vehicle, for the purposes of this Ordinance, the person so nominated shall alone be deemed to be owner for the purposes of this Ordinance.

(25) "permit" means the document issued by the Provincial Transport Authority or a Regional Transport Authority, authorizing the use of a transport vehicle as a contract carriage or stage carriage, or authorizing the owner as a private carrier to use such vehicle.

(26) "prescribed" means prescribed by rules made under this Ordinance.

(27) "private carrier" means an owner of a transport vehicle other than a public carrier who uses that vehicle solely for the carriage of goods which are his property or the carriage of which is necessary for the purposes of his business not being a business of providing a transport, or who uses the vehicle for any of the purposes specified in sub-section (2) of section (44).