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State of Bihar - Section

Section 107 in The Bihar Motor Vehicles Rules, 1992

107. Places to be used for loading and unloading of goods, etc.

(1)The Licensing Authority may, in consultation with the local municipal authority or police authority having jurisdiction over the local area concerned, or both, approve any premises owned or to be used by an applicant for an agent's licence for loading, unloading and for parking goods carriages or for the storage of goods while in the custody of the licensee having regard to the suitability of the site, traffic conditions obtaining in the locality, sanitary conditions, storage facilities, space for parking of vehicles, for the purpose of loading or unloading goods carriages provided at such premises as the place of carrying on the business under the licence.
(2)Any approval under sub-rule (1) shall be subject to the following conditions, namely:-
(a)that the premises shall at all times be kept in a clean condition and in good state of repair;
(b)that the premises shall be administered in an orderly manner;
(c)that the licensee shall not change the premises or make any external alteration to it or in the parking arrangement thereat, as may be likely to cause obstruction to the general traffic in the vicinity without prior approval of the Licensing Authority;
(d)that the licensee shall take suitable precautions to ensure that no breach of any provisions of the Act or of these rules, in so far as these provisions relate to the following matter is committed in respect of any vehicle engaged by him and which is entering or leaving or standing at such premises, namely:-
(I)requirements that a good vehicle shall be covered by:-
(i)valid and effective permit/countersignature for the route/area of travel;
(i)construction, equipment and maintenance of motor vehicles to the extent the defects are easily noticeable from the exterior appearance of a motor vehicle;
(ii)limits of weight and prohibitions or restrictions on use of motor vehicles;
(iii)loading of goods, overall height, length, width and projection of load laterally, to the front, the rear and in height;
(iv)transport of dangerous or explosive substances or hazardous materials or contraband articles under any law for the time being in force;
(v)parking or abandonment of motor vehicles on road in such a way as to cause obstruction to traffic or danger to any person or other users of roads;
(vi)leaving vehicles in dangerous position; and
(vii)driving of motor vehicle by persons holding valid and effective driving licence.
(ii)valid certificate of fitness;
(iii)valid certificate of insurance; and
(iv)proof of payment of tax under the [Bihar Motor Vehicles Taxation Act, 1930.] [Now see Act 8 of 1994.]
(II)observance of the regulations or conditions as to:-
(3)Where the licensing authority refuses to approve any premises under sub-rule (1) it shall communicate in writing the reasons for such refusal.