The Carriage by Road Act, 2007

Summary of the Carriage by Road Act, 2007
Key Provisions
1. Licensing and Operational Standards
• National Permits: Granted for inter-State goods carriage, subject to Central Government rules (Sub-section 12).
• Driver Qualifications: Specified by the Central Government for goods carriages (Sub-section 9(ii)).
• Vehicle Specifications: Includes capacity, comfort standards, amenities, and other Central Government-specified matters (Sub-section 9(i)).
2. National Transport Schemes
• Central Government Powers: To modify permits or make schemes for national, multimodal, and inter-State transport.
• Objectives of Schemes: Include last mile connectivity, rural transport, freight movement improvement, environmental protection, and integration of transport systems.
3. Regulatory and Operational Framework
• Authorisation Fee: Annual fee for national permit, not exceeding one thousand rupees (Explanation, Sub-section 14(b)).
• Vehicle Identification: Distinguishing particulars, marks, and color schemes as per rules (Sub-section 14(b)(iii)-(iv)).

Legislative History:

The Carriage by Road Act, 2007

● Act Title - The Carriage by Road Act, 2007

● Act Number / Year - 41 of 2007

● Act ID (India Code) - 200741

● Assent Date - September 29, 2007

● Enforcement Date - July 20, 2010

● Nodal Ministry - Ministry of Road Transport and Highways

Precedent & Historical Rationale

● Deficiencies and Archaic Framework of the Carriers Act, 1865 - For over a century, the regulation of common carriers and their liabilities for loss or damage to goods in transit was governed by the pre-independence Carriers Act, 1865 (Act III of 1865). The 1865 statute was formulated during the bullock-cart and inland water navigation era, making it completely inadequate for modern motorized freight transport, inter-modal logistics, containerized cargo, courier operations, and modern multi-tier transport booking agencies.

● Modernized Regulatory Regime, Registration, and Liability Limits - Formulated to replace the 1865 enactment to provide a transparent statutory structure for common carriers and balance the rights of consignors and transporters. As outlined in the legislative text on India Code, the Act introduced mandatory registration of common carriers with State/Regional Transport Authorities, established statutory standards for Goods Forwarding Notes (GFNs) and Goods Receipts, statutorily limited the common carrier's liability for loss or damage, and regulated the safe carriage of dangerous or hazardous cargo.

Parliamentary Trajectory & Enactment

● Formulation & Standing Committee Review - Drafted by the Ministry of Shipping, Road Transport and Highways to overhaul the archaic 1865 regime; introduced as The Carriage by Road Bill, 2005 in the Lok Sabha on December 7, 2005, and referred to the Department-Related Parliamentary Standing Committee on Transport, Tourism and Culture, which presented its report in March 2006.

● Parliamentary Passage - Incorporating the recommendations of the Standing Committee, the Bill was debated and passed by the Lok Sabha on August 31, 2007, and considered and passed by the Rajya Sabha on September 10, 2007, during the Monsoon Session.

● President's Assent - Received the assent of the President of India (Pratibha Devisingh Patil) on September 29, 2007, and was published in the Gazette of India on the same day.

● Enforcement - Enforced on July 20, 2010.

Sources - Parliamentary Debates (Lok Sabha & Rajya Sabha), Reports of the Parliamentary Standing Committee on Transport, Tourism and Culture, The Gazette of India, India Code, and the Ministry of Road Transport and Highways.