Section 180 in The West Bengal Motor Vehicles Rules, 1989
180. Carriage of persons in goods vehicles.
(1)Save in the case of vehicle which is being used for the carriage of troops or police or displaced persons under the authority of the Refugee Rehabilitation Department of the State Government or being used on requisition under the West Bengal Requisition of Vehicles Act or being used in connection with Relief Operation under the authority of the Department of Relief, Government of West Bengal or being used in connection with conduct of Election or a Stage Carriage in which goods are being carried in addition to passengers, no person shall be carried in a goods vehicle other than a bona fide employee of the owner or the hirer of the vehicles, and except in accordance with this rule.(2)The owner or the hirer or a bona fide employee of the owner or the hirer of the vehicle may be carried free of charge in a goods vehicle. The total number of persons so carried-(i)in a light goods vehicle having gross vehicle weight of less than 1000 kg, not exceeding one;(ii)in any other light goods vehicle, not exceeding three; and(iii)in any goods vehicle other than a light goods vehicle. not exceeding seven.Explanation.-In this sub-rule the expression "light goods vehicle means a goods vehicle which is a light motor vehicle.(3)No person shall be carried in any goods vehicle -(a)in addition to goods loaded therein, either on the top of the goods so loaded or unless an area of not less than 3712.12 square centimeters of the floor of the vehicle is kept open for each person so carried, or(b)in such manner that-(i)any person so carried is in danger of falling from the vehicle, or(ii)any part of the body of any such person, when he is in a sitting position, is at a height exceeding 305 centimeters from the surface upon which the vehicles rest.(4)Notwithstanding anything contained in sub-rule (1) but subject to the provisions of sub-rules (3) and (6). the Regional Transport Authority may, by an order in writing, permit the carriage of a larger number of persons in a goods vehicle on condition that no goods at all are carried in addition to such persons and that such persons are carried free of charge in connection with the work for which the vehicle is to be used, and that such other conditions as may be specified by the Transport Authority are observed. When one vehicle is covered by a permit, the conditions of such permission aforesaid shall be deemed to be the conditions of the permit.(5)Subject to the provisions of sub-rule (3), but notwithstanding any other provisions hereinbefore contained in this rule, -(i)the Secretary of the State Transport Authority or the Regional Transport Authority concerned, may for the purpose of celebrations in connection with the Republic Day, or Independence Day or Image Immersion Days, or the purpose of enabling any Co-operative Society or class of Co-operative Societies owning or hiring a goods vehicle for the purpose of carrying goods of the Society in the ordinary course of its business, permit any goods vehicle to be used for the carriage of persons or members of such Societies, as the case may be, and(ii)the State Government may, where it considers expedient in the public interest in respect of vehicle owned or hired by it, or by organisations or companies discharging public utility services and in respect of other vehicles to which provisions of sub-section (3) of section 66 of the Act applies, on grounds of urgent nature to be specified in the order, by general or special order, permit goods vehicles to be used for the carriage of persons for the aforesaid purposes subject to such conditions as may be specified in the order.(6)The application for the grant of a Temporary Permit for the purposes under sub-rule (4) or clause (i) of sub-rule (5), has to be made in the form of application for Temporary Permit for Stage Carriage at least 7 (seven) days before the date on which such journey is to commence and shall be subject to all the provisions applicable in respect of grant of a Temporary Permit.(7)The provisions of this rule shall not apply to motor vehicles registered under section 60 of the Act.
