After the recent incident of assault on the passengers of Kallada, an interstate bus service operator, more such instances are coming to light.
There were reports of rampant exploitation of passengers by private inter-state bus operators. The Motor Vehicles Department (MVD) has been carrying out inspections and imposing fines on the offenders, of late.
The government is hesitant to crack down on private buses as thousands of Keralites depend on these services to reach Chennai and Bangalore every day.
MVD officials say the private buses cannot be stopped altogether as the law is unclear on that respect. Or to say, the operators rely on the ambiguous part of the law to operate, according to legal experts.
This is an attempt to examine and answer doubts that may arise in people who routinely rely on these services.
Q: Do interstate bus operators have valid permits?
A: Yes. They operate on ‘contract carriage’ permits. Contract carriage permits are classified into two – state and all-India permit. Vehicles on state-permit should get special permit to operate outside the state. Almost 90 per cent of buses run on all-India permits. Only the KSRTC can operate as stage carrier to other states. (Stage carriers operate on the basis of fare stages worked out earlier. This means the fare increases after a certain number of km. This is known as fare stage).
Q: How many buses with permits operate interstate services?
A: As many as 600 multi-axle buses operate to and from the 14 districts of Kerala. But, KSRTC comprises only less than 10 per cent of this number. Private buses get contract carriage permits which imply that they should operate only point-to-point services. Contract carriage services should not pick up or drop people en route. But, as per the ‘joint en route’ clause of the Motor Vehicles Act allows people travelling to Chennai or Bengaluru to board from any place. A bus which commences journey from Thiruvananthapuram (to Bangalore) should not take passengers to Kochi or Palakkad. So, contract carriage is like an individual or an institution engaging a bus for a tour on rent. All the private operators ply citing the ‘joint en route’ clause. Multiple buses plying on the same permit and on the ‘same registration number’ is also a violation of law.
Q: What is LAPD licence? Do all interstate buses have this licence?
LAPD is the Licensed Agent for Public Transport. All interstate operators should have this licence. Most operators in Kerala do not have this licence. Every booking office should have LAPD. The LAPD ensures amenities at booking offices, including wash rooms and customer service centres. The licence should be renewed every three years after an inspection.
Q: Is online ticket booking permissible under law?
A: Contract carriage laws say there should not be any ticket booking. But some agencies sell tickets on the Internet or through app even without LAPD licence. This is illegal. The implications of LAPD in cyberspace is unclear in law. This gives many loopholes to the operators. Online booking agencies do not have offices and hence they are not ‘mandated’ to provide the above-stated amenities to passengers. Those passengers who book tickets online board buses from booking offices with LAPD licences. But they do not have a forum to raise complaints even if the bus doesn’t turn up. There are no control rooms and even the firms with control room numbers are often found dysfunctional. LAPD agents often say the tickets were not issued by them. Since online booking is the choice of scores of travellers, it cannot be done away with. Online booking agencies too should be given licences.
Q: Can KSRTC operate services in place of private operators.
A: As of now, KSRTC does not have the requisite fleet strength to operate services. The cost will also be high. Operating services by hiring buses may end up in huge losses. The KSRTC has a ‘service understanding’ with other state-run operators and this may also impede its interstate operations.
Q: Is it possible to curb other-state registrations by private operators.
A: Most interstate operators get their vehicles registered in states like Arunachal Pradesh. This does not affect passengers. The state loses precious tax on this count. Operators choose such states as the tax is low and renewal is relatively hassle free. In Arunachal Pradesh, the annual tax on a bus is only Rs. 18,000. Also, the red tape can be cut through easily. The RTOs of other states come to Kerala to renew fitness certificates.
Q: The profit and loss proposition of services…
A: A Volvo multi-axle bus needs Rs. 90,000 to ply from Thiruvananthapuram to Bengaluru and back, say operators. If all seats are taken, the to and fro journey will fetch up to Rs. 2 lakh. But all seats are taken on Saturday and Sunday. On all other days, only 50 to 70 per cent seats are taken. The ticket rates on working days fall to almost half that of weekends. This is why the rates are exorbitant on weekends. The government has not regulated the fares on the basis of reliable cost analysis. This gives way for whimsical ticket pricing. Operators say they carry parcels and loads as they cannot operate on tickets alone. This is illegal. For this offence, the government can impound the buses and cancel permits.
Q: What if the law is made stringent and buses are impounded…
A: The passengers will be at the receiving end if all the permits are cancelled at one go or the buses are impounded. Train and KSRTC services are woefully inadequate.
Solutions
• Interstate services should completely be run by the government or be regulated properly.
• The operations may be handed over to the KSRTC or a competent agency.
• The exploitation of passengers could be checked by fixing fares on the basis of scientific assessment.
• Strict action should be taken against errant operators.
• Speed regulation and GPS should be made mandatory.
• More train services should be operated.
• Specific law-making should be done for the sector.
• As of now, it is best to allow private players to operate services within the bounds of law.
• All shortcomings and violations should be effectively checked and curbed.
