Public comments invited on the draft Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme till 23rd June, 2023: Aggregators to establish Command & Control Centre (24×7) for monitoring movement of vehicles and drivers in real time
The Transport Department of Delhi has proposed the Draft Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme 2023 (“Scheme”). Objections or suggestions are invited till 23rd June, 2023 and the same should be addressed to the Pr. Secretary-cum Commissioner (Transport), Government of National Capital Territory of Delhi, Transport Department, 5/9 Under Hill Road, Delhi-110054 or on email at commtpt@nic.in and delhievcell@gmail.com.
Key Highlights:
1. The Scheme is applicable to Aggregators, Delivery Service Providers and E-Commerce Entities with at least 25 motor vehicles associated with such Aggregator or Delivery Service Provider;
Note: The obligations under the Scheme is in addition to the provisions of the existing applicable Laws and Rules and shall not override or substitute any compliance(s) and applicability of any legal framework under which such Aggregator or Delivery Service Provider is otherwise governed.
2. Aggregator shall establish an Operating Centre / Command & Control Centre (CCC) /Information Centre in NCR of Delhi, which shall always remain functional (24×7); the Operating Centre/CCC should be able to track and monitor the movements of all the drivers and their vehicles on real time basis;
3. Aggregator shall be liable for all the services provided to the end-user; except in case of vehicle accident, where in it shall be the sole responsibility of the Driver of the vehicle;
4. Aggregator shall be required to take appropriate action in the form of remedial trainings and corrective measures to rectify the issues against the Driver partners, who has been awarded a rating less than 3 (on a scale of 1 to 5; 1 being the lowest customer satisfaction) in more than 25% of the rides undertaken by him/her in a period of one (1) month;
Note: The data shall be stored / collected by the Aggregator for at least 3 months from the date of service provided.
5. Aggregator shall ensure that the Driver shall have the following valid documents at the time of on-boarding:
i. A valid driving licence to drive the relevant vehicle (as applicable),
ii. A valid registration certificate of the relevant vehicle (as applicable) and
iii. A valid public service vehicle badge (as may be applicable)
6. The App shall be formulated in a manner that is compliant with the applicable law;
7. Ensuring the in-app vulnerabilities are revealed to Indian Computer Emergency Response Team formed under the aegis of the Ministry of Electronics and Information Technology;
8. All existing Aggregators and Delivery Service Providers operating within the NCT of Delhi are required to obtain a license within a period of 90 days of notification of the Scheme. Applicants seeking license to operate as an Aggregator or Delivery Service Provider in NCT of Delhi are required to register themselves by duly filling Form- 1 of the Scheme;
9. Data generated on the App is stored on a server in India and that such stored data shall be for a minimum of 3 months and maximum of 24 months from the date on which such data is generated;
10. The License under this scheme will be valid for a period of 3 years from the date of successful completion of the application, after the payment of requisite Fee in accordance to Form-1 and Form-2, as per this scheme;
11. Any applicant seeking License should have a corporate/branch office within National Capital Region (NCR) and should also appoint and designate a ‘Compliance Officer’ for the purpose of monitoring, compliances, and operations of this scheme;
12. All Aggregators and Delivery Service Providers will have to declare the details of all on-boarded vehicles in use within 90 days from publication of this scheme. The declaration must include the registration certificate, vehicle category, and fuel type and other relevant documents prescribed by Govt. of NCT,Delhi from time to time. Any subsequent declaration of all new on-boarded vehicles must be completed within 15 days of successful on-boarding;
13. All Aggregator and Delivery Service Provider should ensure that the Driver / Rider partners hold a valid driving license to drive the relevant vehicle (as applicable). The Driver/Vehicle should comply with the relevant provisions of the Motor Vehicle Act or Rules or Regulations notified by the appropriate Government from time to time;
14. The Delivery Service Provider should ensure that the Driver has the following valid documents at the time of on-boarding:
i. A valid driving licence to drive the relevant vehicle (as applicable),
ii. A valid registration certificate of the relevant vehicle.
15. The Delivery Service Provider should ensure that all 3-wheeler and 4-wheeler vehicles on-boarded at the time of registration should bear commercial registrations and vehicles of all categories should comply with all provision of Motor Vehicle Act, Rules and Regulations as notified from time to time;
16. E-Commerce entities should ensure that the service offered by fleet operators and transport service providers associated with them are duly licensed as per the provisions of The Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023;
17. E-Commerce entities are required to comply with the provisions of the scheme, in cases they own/operate vehicles for either passenger mobility or delivery services;
18. Aggregator or Delivery Service Provider operating without a license will be punishable with fine up to Rs 1 lakhs but should not be less than Rs 25,000 in a single instance. Further, whoever continues to operate as an Aggregator or Delivery Service Provider without license as per Scheme, then upon order of the Competent authority, such vehicles violating this scheme shall be impounded and written notice shall be issued to the Aggregator or Delivery Service Provider.
A copy of the draft Scheme is linked below for ease of reference.
Source: Transport Department, Government of NCT Delhi
