The stance of the transport business that a vehicle registered for one purpose cannot be used for another purpose
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The order passed by the High Court, Patan on 29th January 2016 to regulate ride-sharing by law is only in the draft of the Union Government. When the union government did not enact a law, the state government's efforts to regulate 'ride sharing' and bring it under the ambit of taxation have been ignored by the transport businessmen.
Businessmen are demanding the repeal of the Ride Sharing (Regulation and Management) Regulations, 2082 brought by the Gandaki Province, saying that private vehicles cannot be used for transportation services in the Union Act.
It is mentioned in sub-section-2 of section 8 of the Association's Vehicle and Transport Act-049 that private vehicles cannot be used for transport services. In subsection 1 of section 12 of the same act, it is mentioned that a vehicle registered for one purpose cannot be used for another purpose. Transport professionals have been advancing the argument that the regulations brought by the Gandaki province are in violation of the Association's Vehicle and Transport Management Act, 049.
It is mentioned in sub-section 4 of section 13 of Gandaki State Vehicle and Transport Management Act, 076 that four-wheeled and two-wheeled vehicles with registration certificates for private purposes can carry passengers like public vehicles. It is said that the other provisions related to (Section 4) in subsection 5 of the same Act will be as prescribed.
Rule 8 of Vehicle and Traffic Management Regulations, 080, mentions the use of private vehicles. It is said that the ministry can make and issue necessary standards so that four-wheeled and two-wheeled vehicles with registration certificates for private purposes can carry passengers like public vehicles. Accordingly Gandaki Pradesh published the Ride Sharing (Regulation and Management) Rules, 2082 Rules in the Gazette on 1st May, 2081 . Transport businessmen stopped transport all over the country after the state tried to regulate 'ride sharing' by taking the same provisions as the law of the Union.
Earlier in July 2081, Gandaki province was going to bring a procedure to bring the 'ride sharing' service under the scope of tax. Transport businessmen protested saying that the state government is going to make a procedure to allow vehicles with red number plates to carry passengers. Soon after, the Gandaki province stopped bringing the procedure . Even though ride-sharing apps have been providing services in the country for almost 8 years, a systematic law has not yet been made.
Ministry of Physical Infrastructure and Transport spokesperson Vimarjun Adhikari said the proposed Federal Vehicle and Transport Management Act, 2081 He said that the bill is in the final stage. He is of the opinion that it may take some time to make a federal law as the matter of transportation is connected with the province and is connected with various sectors including the traffic police . "Provinces and various ministries have received suggestions, they have to be included in the bill and now it has to be taken to the Council of Ministers," he said.
The 60th and 61st reports of the Auditor General have also mentioned that the high court, Patan, has ordered to make a law to regulate when the bill is not received after taking the ride-sharing service.
In this regard, there has been no improvement in what was pointed out in the previous report. Statutory transport services should be operated through the necessary legal provisions for the registration, operation, management and monitoring of public vehicles,'' states the 61st report of the General Account. Section 93 of the Vehicle and Transport Management Act, 049 provides that no public vehicle transport service can be operated without registering the name of the transport service in the department. It is mentioned in the 60th report of the General Account that the
application is not within the legal scope, vehicles registered for private purposes are transporting passengers and materials against the law, there is unsafe offline ride sharing and there is no provision for issuing bills after taking the service . In the current situation where there is a lack of compliance with the law, the Chief Accountant has said that even though the High Court Patan ordered on 29 January 2016 to make a law and regulate it, it has not been implemented.
Proposed Federal Vehicle and Transportation Management Act, 2081 It mentions about information technology based networked transport service (ride sharing). According to the proposed bill, for the operation of networked transport services based on information technology, the Department of Transport Management will be able to determine the basic criteria for the operation of transport services. It is mentioned that while determining the basis and criteria, the department should also consider the nature of the vehicle, the maximum fare that can be charged, the area where the transport can be operated, the insurance and service facilities of the driver and passengers, the distance and the maximum number of passengers that can be carried.
