Section 78 in The Orissa Motor Vehicles Rules, 1993
78. Duties of drivers of a public service vehicle.
- The driver of a public service vehicle shall-(i)as far as may be reasonably possible having regard to his duties, be responsible for the due observance of the provisions of the Act, and rules made thereunder;(ii)not smoke while on duty;(iii)behave in a civil and orderly manner to passengers and intending passengers;(iv)be dressed cleanly and in the manner in which the Regional Transport Authority may specify;(v)maintain the vehicle in a clean and sanitary condition;(vi)not solicit custom save in a civil and quiet manner;(vii)not interfere with persons mounting or preparing to mount upon any other vehicle;(viii)not allow any person to be carried in any public service vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional numbers permitted under the terms of the permits to be carried standing in the vehicles;(ix)save for good and sufficient reason, not refuse to carry any person tendering the legal fare;(x)where goods are carried on the vehicle in addition to passengers, take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by the presence of the goods;(xi)save for good and sufficient reason, not require any person who has paid the legal fare to alight from the vehicle before the conclusion of the journey;(xii)not loiter or unduly delay upon any journey but shall proceed to his destination as nearly as may be in accordance with the timetable, pertaining to the vehicle and where there is no such timetable, with all reasonable despatch;(xiii)in the event of a stage carriage being unable to proceed to its destination on account of mechanical breakdown or other cause beyond the control of the driver or the conductor arrange to convey the passengers to their destination in some other similar vehicle, if unable so to arrange within a period of half an hour after the failure of the vehicle shall on demand refund to each passenger the proportion of the fare relating to the completion of the journey for which the passenger has paid the fare;(xiv)in the case of a stage carriage, not cause or allow any thing to be placed in such a manner as to obstruct the entry or exit of passengers;(xv)not permit the public service vehicle to be used for an illegal or immoral purpose;(xvi)not permit any petrol to be poured into the tank while the engine is in motion;(xvii)not cause or allow any persons, animal or thing to be placed or to be in the space reserved for the driver's seat in accordance with Rule 112 or other wise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle;(xviii)not shout in order to attract a passenger;(xix)subject to any rule or regulations inforce, prohibiting the taking up or setting down of passengers at, or except at certain places, bring the vehicle to rest for a period of sufficient time in a safe and convenient position upon the demand or signal of the conductor or any passenger desiring to alight from the vehicle and unless there is no room in the vehicle, upon the demand or signal of any person desiring to become a passengers;(xx)when bringing his vehicle to rest for the purpose of taking up or setting down of passengers at or near the place where another public service vehicle is at rest for the same purpose, not drive the vehicle so as to endanger, inconvenience or interfere with the driver or conductor of the other vehicle or any person mounting or preparing to mount thereon or alighting therefrom, and shall bring his vehicle to rest in front of or behind the other vehicle and on the left-hand side of the road or place; and(xxi)at all time exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when any brake, tyre tube or lamp thereof, is in a defective condition likely to endanger any passengers or other persons or when there is not sufficient petrol in the tank of the vehicle to enable him to reach the next petrol filling station on the route.
