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State of Bihar - Section

Section 125 in The Bihar Motor Vehicles Rules, 1992

125. Carriage of persons in goods carriages.

(1)Subject to the provisions of this rule, no person shall be carried in a goods carriage:Provided that 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 or a police officer in uniform travelling on duty, may be carried, in a goods carriage:Provided further that the total number of persons so carried shall not be more than:-
(i)one, in case of a light motor vehicle having gross vehicle weight less than 900 kilograms;
(ii)three, in case of any other light goods vehicle,
(iii)five, in case of any medium goods vehicle.
(2)Notwithstanding anything contained in sub-rule (1), but subject to the provisions of sub-rule (4), a Regional Transport Authority may, by an order in writing permit that a larger number of persons may be carried in the goods carriage on condition that no goods at all are carried in addition to such persons and such persons are carried free of charge in connection with the work for which the vehicle is used, and that such other conditions as may be specified by the Regional Transport Authority are observed and where the vehicle is required to be covered by a permit the conditions of the permission aforesaid are also made conditions of the permit.
(3)Notwithstanding anything contained in sub-rules (1) and (2), but subject to the provisions of sub-rule (4):-
(a)for the purpose of celebrations in connection with the Republic Day or Independence Day, the Regional Transport Officer,
(b)for the purpose of enabling a co-operative society or class of cooperative societies owning or hiring a goods carriage to carry' its members under its authority in such goods carriage when used for the ordinary course of its business, State Transport Commissioner,
(c)where it considers expedient in public interest in respect of vehicles owned or hired by it, and in respect of other vehicles on such inescapable grounds of urgent nature to be specified in the order, the State Government may by general or special order, permit goods carriage to be used for the carriage of persons for the purposes aforesaid and subject to such conditions as may be specified in such order.
(4)No person shall be carried in any goods carriage unless an area of not less than 0.37 square meters of the floor of the vehicle is kept open for each person, in such manner-
(i)that such person when carried on goods carriage or otherwise is in danger of falling from the vehicle,
(ii)that any part of his body, when he is in a sitting position is not at a height exceeding three meters from the surface upon which the vehicle rests.
(5)No person other than an attendant or attendants, if any as required under sub-rules, (ii) and (iii) of this sub-rule shall be carried on a trailer which is a goods vehicle:Provided that not more than four persons on a single axled trailer and six persons on a trailer having more than one axle may be carried in addition to such attendant or attendants, subject to the conditions that:-
(i)the trailer has been fitted with fixed grab rails not less than 610 millimetres in height, on the said plank of the load body on all sides except the rear side, for the support of the persons so carried;
(ii)when the trailer is being used in a public place, no part of the body of any person so carried in such a trailer is more than three meters above the ground level; and
(iii)the gross laden weight of the trailer does not exceed the gross vehicle weight assigned to it.
(6)No person shall travel in goods carriage in contravention of the provisions of this rule.