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State of West Bengal - Section

Section 205 in The West Bengal Motor Vehicles Rules, 1989

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

(1)The Regional Transport 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 vehicles 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 vehicles for the purpose of loading or unloading from transporting truck provided at such premises at the place.
(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 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 alterations to it or in the parking arrangements 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 matters, is committed in respect of any vehicle engaged by him and which is entering or leaving or standing at such premises, namely, -
(i)Requirement -A goods vehicle shall be covered by-
(aa)valid and effective permit/counter-signature for the route/ area of travel;
(bb)valid certificate of fitness;
(cc)valid certificate of insurance; and
(dd)payment of tax under the West Bengal Motor Vehicles Tax Act, 1979.
(ii)Observance of the regulations of conditions as to,-
(aa)construction, equipment and maintenance of motor vehicles to the extent the defects are easily noticeable from the exterior appearance of a motor vehicle;
(bb)limits of weight and prohibitions or restrictions on use of motor vehicles;
(cc)loading of goods, overall height, length, width and projections of load laterally to the front, to the rear and in height;
(dd)transport of dangerous or explosive substances, contraband articles, under any law for the time being in force;
(ee)parking or abandonment of motor vehicle on road in such a way as not to cause obstruction to traffic or danger to any person or other users of roads;
(ff)leaving vehicles in dangerous position; and
(gg)driving of motor vehicles by person holding valid and effective driving licence.
(3)Where the Regional Transport Authority refuse to approve any premises for the purposes mentioned in sub-rule (1), it shall communicate in writing the reasons for such refusal to the applicant.