Government of West Bengal
12, R.N. Mukherjee Road, Kolkata – 700 001
No: 2741-WT/3M-46/2011 (Pt.-I) Dated: 14.07.2016
WHEREAS the Government in the Transport Department received a number of proposals from different organizations or individuals offering to develop Mobile Applications hereinafter referred to as ‘App’ aiming at connecting passenger(s) or hirer(s) with the drivers or service-providers of passenger/goods transport services to inform real-time availability of any transport service and other value added features;
AND WHEREAS use of such App is supposed not to infringe upon the fare, route or nature of operation of the services in terms of the conditions of the concerned permits granted under relevant Acts and rules made thereunder and it is proposed to be used only to provide information-connectivity between the intending passenger(s) or hirer(s) and the driver(s) and/or service provider(s);
AND WHEREAS a Draft Notification in the matter was issued by this department inviting objections or suggestions and all the suggestions have been examined and considered;
NOW, THEREFORE, in order to promote usage of modem technology to establish information-connectivity between the passenger(s) or hirer(s) and the driver(s) or service-provider(s) of any passenger or goods vehicle, to facilitate passenger(s) or hirer(s) safety and security and prompt booking of any journey on hire by passenger or hirer, the Governor is pleased hereby to notify, with immediate effect, in the interest of public, that –
(a) the Application shall provide following basic features:-
(i) The ‘App’ shall display a clear and visible photograph of the driver with information of details of driving license and registration number of the vehicle so as to enable the hirer to verify that the driver of the vehicle is actually the same person and vehicle is also the same whose details the hirer has received via Apps;
Note:- For ensuring this feature, whenever a driver and a vehicle is registered with the App, the details of the driver along with his photograph, driving license, current residential address and phone number must be uploaded in the server of App Provider. In respect of the vehicle, the registration number, details of the vehicle such as AC/Non-AC, color etc. along with the name and mobile number of vehicle owner must also be uploaded. In other words, the photographs of ‘Registration Number Plate’ shall also be uploaded. The intending hirer shall have an option to see all the details of driver and vehicle as and when required.
(ii) ‘App’ shall have facility to ensure that passenger or hirer may track the vehicle movement on real time basis;
(iii) ‘App’ shall provide the facility that movement of passenger (ride information sharing) may be seen by at least three persons of his or her choice in real time basis;
(iv) ‘App’ shall include a feature in the mobile application that gives the hirer an ability to contact the local Police/Control Room in case of an emergency or any unforeseen situation as well as some pre chosen person(s) through voice call/sms;
(v) ‘App’ shall enable the vehicle and the passenger to be connected continuously to the network of App-provider whenever the vehicle is available on the app-platform including the period from when a trip is booked to when the trip ends;
(vi) Data stored on the Server of the App-Provider shall be shared with the Licensing Authority and/or any other Authority as may be specified by the State Government in the Transport Department, as and when required in public interest;
(b) Mobile-apps designed to be used for the purposes will contain the following features:-
(i) Driver is driving the vehicle in question with valid and effective driving license as on the date of use of the apps; and
(ii) Vehicle hired through the app, is used with valid documents as noted below:
A. Certificate of Fitness
E. PUCC (Pollution under Control Certificate);
(iii) Vehicle does not violate any condition of its permit related to fare, route or area of operation and nature of service to be provided;
(iv) Mobile App so designed and placed in use by service providers with the basic minimum feature shall be considered as a voluntary initiative on the part of the service providers or owners of vehicles and its commercial implication shall be borne by such service providers or owners in accordance with the law.
Note:- This notification shall not be applicable for Apps used by the On-Demand Transportation Technologies Aggregator (ODTTA) operators having license issued in terms of the notification No. 4450-WT/3M-05/2015, dated 07.12.2015 issued by the Transport Department.
By order of the Governor
Sd. B. Dasgupta
Special Secretary to the
Government of West Bengal.