CENTRAL MOTOR VEHICLES RULES, 1989
PRELIMINARY
1. Short title and
commencement
2. Definitions
LICENSING OF
DRIVERS OF MOTOR VEHICLES
General
3. General.
4. Evidence is to the correctness of address and age.
6. Exemption from production of medical certificate
7. Affixing of photograph to medical certificate.
8. [Omitted]
9. Educational
qualifications for drivers of goods carriages carrying dangerous or hazardous
goods
LEARNER’S
LICENCE
10. Application for learner’s
licence
11. Preliminary test
12. Consent of parent or
guardian in the case of application by minor
Driving licence
14. Application for a driving
licence
15. Driving test
17. Addition to driving
licence
18. Renewal of driving licence
19. Refund of fee
20. Driving licence to drive
motor vehicle belonging to the Defence Department
Disqualification
21. Powers of licensing
authority to disqualify
ENDORSEMENT IN
DRIVING LICENCE
STATE REGISTER
23. State Register of driving
licences
DRIVING SCHOOL
AND ESTABLISHMENTS
24. Driving schools and
establishments
25. Duration of a licence
renewal thereof.
26. Issue of duplicate licence
27. General conditions to be
observed by the holder of licence
28. Power of the licensing
authority to suspend or revoke licence.
29. Appeal.
31. Syllabus for importing
instruction in driving of motor vehicles.
31A. Temporary licence.
32. Fees
REGISTRATION OF MOTOR VEHICLES
Trade Certificate
33. Condition for exemption
from registration
35. Grant or renewal of trade
certificate.
36. Refund.
38. Issue of duplicate
certificate
39. Use of trade registration
mark and number.
40. Restrictions on use of
trade certificate or trade registration mark and number.
41. Purposes for which motor
vehicle with trade certificate may be used.
42. Delivery of vehicle
subject to registration.
43. Register of trade
certificate.
44. Suspension or cancellation
of trade certificate.
45. Appeal.
Registration
47. Application for
registration of motor vehicles.
48. Issue of certificate of
registration.
49. Registration records to be
kept by the registering authority.
50. Form and manner of display
of registration marks on the motor vehicles.
51. Size of letters and
numerals of the registration mark.
52. Renewal of certificate of
registration
53. Issue of duplicate
certificate of registration
54. Assignment of new
registration mark.
56. Transfer of ownership on
death of owner of the vehicle.
57. Transfer of ownership of
vehicle purchased in public auction.
60. Endorsement of
hire-purchase agreements, etc.
61. Termination of
Hire-purchase agreements, etc.
Certificate of Fitness
62. Validity of certificate of
fitness
63. Regulation and control of
authorised testing station.
64. Duration of letter of
authority.
65. General conditions to be
observed by the holder of letter of authority.
66. Issue of duplicate letter
of authority.
67. Supervision of authorised
testing stations.
68. Power of registering
authority or Regional Transport Authority to call for information.
70. Appeal.
72. Voluntary surrender of
letter of authority
73. Tax clearance certificate
to be submitted to the testing station
Registration of Vehicles belonging to the Central Government
used for Defence Purpose
State Register of Motor Vehicles
75. State Register of Motor
Vehicles.
Special Provisionfor Registration of Motor Vehicles
of Diplomatic Officers, etc.
76. Registration of vehicles
of diplomatic and consular officers
77. Exhibition of registration
mark.
78. Assignment of new
registration mark on removal of vehicle to another State.
79. Suspension and
cancellation of registration of vehicle registered under rule 76.
80. Transfer or disposal of
motor vehicle registered under rule 76.
Fees
81. Fees.
CONTROL OF TRANSPORT VEHICLES
Tourist PerMits
82. Tourist permits.
85. Additional conditions of
tourist permit.
85B. Additional conditions of
every tourist permit in respect of motor cabs.
National Permits
86. Application for national
permit.
87. Form, contents and
duration of authorisation.
88. Age of motor vehicle for
the purpose of national permit.
89. Quarterly return to be
filed by a national permit holder.
90. Additional conditions for
national permit.
CONSTRUCTION,
EQUIPMENT AND MAINTENANCE
OF MOTOR
VEHICLES
Preliminary
91. Definitions.
92. General.
Overall Dimension
93. Overall dimension of motor
vehicles.
Size, Nature and Condition of Tyres
95. Size and ply rating of
tyres.
Brakes, Steering Gears, Safety Glass and Windscreen Wipers
96. Brakes.
98. Steering gears.
99. Forward and backward
motion.
100. Safety glass.
101. Windscreen wiper.
102. Signalling devices,
direction indicators and stoplights.
103. Position of the indicator.
105. Lamps.
106. Deflection of lights.
107. Top lights.
108. Use of red or white light.
109. Parking light.
110. Lamp on auto-rickshaws and
three-wheelers with engine capacity not exceeding 500 cc.
111. Prohibition of spotlights,
etc.
Smoke, Vapour, Spark, Ashes, Grit and Oil
112. Exhaust gases.
113. Location of exhausts pipes.
114. Exhaust pipes of public
service vehicles.
115. Emission of smoke, vapour,
etc. from motor vehicles.
116. Test for smoke emission
level and carbon monoxide level for vehicles.
Speed Governors
117. Speedometer.
118. Speed governor.
Reduction of Noise
119. Horns.
120. Silencers.
121. Painting of motor vehicles.
Chassis Number and Engine Number
122. Embossment of the chassis
number and engine number and date of manufacture.
SAFETY DEVICES
Safety devices for Drivers, Passengers and Road Users
123. Safety devices in motor
cycle.
124. Safety, standards of
components.
125. Commencement
126. Prototype of every motor
vehicle to be subject to test.
126A. Testing agencies.
127. Quality certificate by
manufacturer.
Special Provisions
128. Tourist vehicles other than
motor cabs, etc.
129. Transportation of goods of
dangerous or hazardous nature to human life.
129A. Spark arrester.
130. Manner of display of class
labels.
131. Responsibility of the
consignor for safe transport of dangerous or hazardous goods.
132. Responsibility of the transporter or owner of goods carriage.
133. Responsibility of the
driver.
134. Emergency information panel.
136. Driver to report to the
police station about accident.
137. Class labels.
CONTROL OF
TRAFFIC
138. Signals and additional
safety measures for motor cycle.
139. Production of licence and
certificate of registration.
INSURANCE OF
MOTOR VEHICLES AGAINST THIRD PARTY RISKS
140. Definitions.
inland Insurance
141. Certificate of insurance.
142. Cover notes.
143. Issue of certificate and
cover notes.
144. Transfer of certificate of insurance.
145. Exclusion of advertising matter.
146. Certificates or cover notes
lost, destroyed, torn, soiled, defaced or mutilated.
147. Records to be maintained by
authorised insurers.
148. Record of exempted
vehicles.
150. Furnishing of copies of
reports to Claims Tribunal.
152. Amount of the fund.
154. Securities held as a
deposit in the fund.
155. Deposit procedure.
156. Interest on deposit.
157. Withdrawal.
Foreign Insurance
159. List of foreign insurers.
160. Guarantor of foreign
insurer.
161. Endorsement of certificate
of foreign insurance.
162. Validity of certificate of
foreign insurance.
163. Maintenance of records by
the guarantor.
OFFENCES,
PENALTIES AND PROCEDURE
164. Offences for the purpose of
section 208.
CENTRAL MOTOR
VEHICLES RULES, 1989
CHAPTER I
PRELIMINARY
1. Short title and commencement. -
(1) These rules may be called the Central
Motor Vehicles Rules, 1989.
(2) Save as otherwise provided in sub-rule
(3) 1[and sub-rule (2) of rule
103,] these rules shall come into force on the lst day of July, 1989.
(3) The provisions 1[of rule 9,] sub-rule (3) of rule 16,
sub-rule (4) of rule 96, sub-rule (3) of rule 103, sub-rule (3) of rule 105,
rule 113, sub-rules (2), (3), (4) or (5) of rule 115, rules 118, 122, 124, 125,
126 and 127 shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint.
1. Inserted
by GSR 933(E) dt. 28-10-1989.
2. Definitions. - In these rules, unless the
context otherwise requires-
(a) “Act” means the Motor Vehicles Act, 1988
(59 of 1988);
1[(b) “Agricultural tractor”
means any mechanically propelled 4-wheel vehicle designed to work with suitable
implements for various field operations and/ or trailers to transport
agricultural materials. Agricultural
tractor is a non-transport vehicle;
(c) “Agricultural trailer-” means a trailer
generally left uncovered with single/double axle construction, which is coupled
to an agricultural tractor by means of two hooks and predominantly used for
transporting agricultural materials;]
2[(d)] “Financier” means a
person with whom the registered owner of a motor vehicle has entered into an
agreement of hire-purchase, lease or hypothecation in respect of such vehicle
and whose name is entered in the certificate of registration as referred to in
Form 34.
2[(e)] “Form” means a Form
appended to these rules;
2[(f)] “Section” means a
section of the Act;
2[(g)l “Trade certificate”
means a certificate issued by the registering authority under rule 35;
2[(h)] “Non transport
vehicle” means a motor vehicle which is not a transport vehicle.
1. Added by GSR 338(E) dt. 26-3-1993.
2. Relettered by GSR 338(E) dt. 26-3-1993.
CHAPTER II
LICENSING OF
DRIVERS OF MOTOR VEHICLES
GENERAL
3. General. -The provisions of
sub-section (1) of section 3 shall not apply to a person while receiving
instructions or gaining experience in driving with the object of presenting
himself for a test of competence of drive, so long as -
(a) Such person is the holder of an
effective learner’s licence issued to him in Form 3 to drive the vehicle;
(b) Such person is accompanied by an
instructor holding an effective driving licence to drive the vehicle and such
instructor is sitting in such a position as to control or stop the vehicle; and
(c) There is painted, in the front and the
rear of the vehicle or on a plate or card affixed to the front and the rear,
the letter “L” in red on a white background as under: -
L
Note: The painting on the vehicle or on the plate or card shall not be
less than 18 centimeters square and the letter “L” shall not be less thin 10
centimeters high, 2 centimetres thick and 9 centimeters wide at the bottom.
PROVIDED that a person, while
receiving instructions or gaining experience in driving a motorcycle (with or
without a side-car attached), shall not carry any other person on the
motorcycle except for the purpose and in the manner referred to in clause (b).
1[4. Evidence
as to the correctness of address and age.
-Every
applicant for the issue of a licence under this Chapter shall produce as
evidence of his address and age, any one or more of the following documents in
original or relevant extracts thereof duly attested by a gazette officer of the
Central Government or of a State (Government or an officer of a local body who
is equivalent in rank to a gazette officer of the government or Village
Administration Officer or Municipal Corporation Councillor or Panchayat
President, namely, -
1. Ration card,
2. Electoral roll,
3. Life insurance policy,
4. Passport,
5. Electricity or telephone bill,
6. Pay
Slip issued by any office of the Central Government or State Government or a
local body;
7. House tax receipt,
8. School certificate,
9. Birth certificate,
10. Certificate granted by a registered
medical practitioner not below the rank of a civil surgeon, as to the age of
the applicant:
PROVIDED that “where the applicant is not able to produce any of the above mentioned documents for sufficient reason, the licensing authority may accept any affidavit sworn by the applicant before an Executive Magistrate, or a First Class judicial Magistrate or a Notary Public as evidence of age and address.]
1.
Substituted by GSR 338(E) dt.
26-3-1993.
5. Medical certificate. -
1[(1)] Every application for the
issue of learner’s licence, or a driving licence, or for making an addition of
another class of description of motor vehicle to a driving licence, or for
renewal of 2 a learner’s licence or a driving licence, shall be accompanied by
a medical certificate in 2[Form
IA] issued by a registered medical practitioner referred to in subsection (3)
of section 8.
3[(2) An application for a
medical certificate shall contain a declaration in Form 1.
(3) A medical certificate issued in Form 1A
shall be valid for a period of one year from the date of issue. It shall be
accompanied by a passport size copy of the photograph or the applicant.
1. Renumbered
by GSR 933 (E) dt. 28-10-1989.
2. Substituted by GSR 933 (E) dt. 28-10-1989.
3 Inserted by GSR 923 (E) dt.
28-10-1989.
6. Exemption from production of medical
certificate
Any person who has, after the date of commencement of these rules, produced a Medical certificate in connection with the obtaining of a learners licence or a driving licence, whether for initial issuance or for renewal thereof, or for addition of another class of motor vehicles to his driving licence, shall not be required to produce medical certificate, except where the application is aide for the renewal of a driving licence.
7. Affixing of photograph to medical
certificate
A photograph of the
applicant shall be affixed at the appropriate place shown in 1[Form 1A] and the registered Medical practitioner
shall affix his signature and seal to the said photograph in such a Banner that
the signature and the seal appear partly on the photograph
and partly on the form of the medical certificate.
1. Substituted by GSR 933 (E) dt. 28-10-1989.
8. 1[*
1 Omitted by GSR 933(E) dt. 28-10-1989.
1[9. Educational qualifications for drivers of
goods carriages carrying dangerous or hazardous goods:
2[(1) One year from the date of commencement of Central Motor Vehicle
(Amendment) Rules, 1993, any person driving a goods carriage carrying goods of
dangerous or hazardous nature to human life share, in addition to being the
holder of a driving licence to drive a transport vehicle, also have the ability
to read and write at least one Indian language out of those specified in the
VII Schedule of the Constitution and English and also possess a certificate of
having successful), passed a course consisting of following syllabus and
periodicity connected with the transport of such goods:
1.
Substituted by GSR 933(E) dt.
28-10-1989.
2.
Substituted by GSR 338(E) dt.
26-3-1993.
|
Period of training |
3 days |
|
Place of training |
At any institute recognised by the State
Government |
|
Syllabus |
|
|
A. Defencive
driving |
|
|
Questionnaire
|
Duration of training for |
|
Cause of accidents |
A and B-Ist and 2nd day |
|
Accidents statistics |
|
|
Driver’s personal fitness |
|
|
Car condition |
|
|
Braking distance |
|
|
Highway driving |
|
|
Road /Pedestrian crossing |
|
|
Railway crossing |
|
|
Adapting to weather |
|
|
Head on collision |
|
|
Rear end collision |
|
|
Night driving |
|
|
Films and discussion |
|
|
B. Advance
Driving skills and Training |
|
|
(i) Discussion |
|
|
Before starting |
-Check list |
|
|
-Outside/below/near/vehicle |
|
|
-Product side |
|
|
-Inside vehicle |
|
During driving |
-Correct speed /gear |
|
|
-Signalling |
|
|
-Lane control |
|
|
-Overtaking/giving side |
|
|
-Speed limit/safe distance |
|
|
-Driving on slopes |
|
Before stopping |
-Safe stopping place, signalling, road width,
condition |
|
After stopping |
-preventing vehicle movement |
|
|
-wheel clocks |
|
|
-vehicle attendance |
|
Night driving |
|
|
(ii) Field
test training |
-1 driver at a time |
C. Product safety -UN
classification Duration
UN Panel -Hazchem Code of training
-Toxicity, for (C)
Flammability, third day
other
definitions
Product information -Tremcards
-CIS/MSDS
-Importance
of temperature
pressure,
level
-Explosive
limits
-Knowledge
about equipment
Emergency procedure -Communication
-Spillage
handling
-Use
of PPE
-Fire-fighting
-First
aid
-Toxic
release control
-Protection
of wells, rivers,
lakes, etc.
-Use
of protective equipment
-Knowledge
about valves, etc.]
(2) The holder of a driving licence
possessing the minimum educational qualification or the certificate referred to
in sub-rule (1), shall make an application in writing on a plain paper along
with his driving licence and the relevant certificate to the licensing
authority in whose jurisdiction he resides for making necessary entries in his
driving licence and if the driving licence is in Form 7 the application shall
be accompanied by the fee as is referred to in Sl. No. 8 of the Table to rule 32
(3) The licensing authority, on receipt of
the application referred to in sub-rule (2), shall make an endorsement in the
driving licence of the applicant to the effect that he is authorised to drive a
goods carriage carrying goods of dangerous or hazardous nature to human life.
(4) A licensing authority other than the
original licensing authority making any such endorsement shall communicate the
fact to the original licensing authority.]
Learner’ Licence
10. Application for learner’s licence
An application for the grant
or renewal of a learners licence shall be made in Form and shall be accompanied by-
(a) Save as otherwise provided in rule 6, a
medical certificate in 1[Form IA].
(b) Three copies of the applicant’’ recent 1[passport size photograph]
(c) Appropriate fee as specified in rule 32
(d) In the case of an application for medium
goods vehicle, a medium passenger motor vehicle, a heavy goods vehicle, or a
heavy passenger motor vehicle, the driving licence held by the applicant.
1.
Substituted by GSR 933 (E) dt..
28-10-1989.
(1) Save as otherwise provided in sub-rule
(2), every applicant for a learner’s licence shall present himself before the
licensing authority on such date, place and time, as the licensing authority
may appoint, for a test and satisfy such authority that the applicant possesses
adequate knowledge and understanding of the following matters, namely,-
(a) The traffic signs, traffic signals and
the rules of the road regulations made under section 118;
(b) The duties of a driver when his vehicle
is involved in an accident resulting in the death or bodily injury to a person
or damage to property of a third party;
(c) The precautions to be taken while
passing an unmanned railway crossing; and
(d) The documents he should carry with him
while driving a motor vehicle.
1[(1A). In determining as to whether an applicant
possesses adequate knowledge and undertaking of the matters referred to in
sub-rule (1) the licensing authority shall put to the applicant questions of
objective type such as specified in Annexure VI.
Explanation: For the purposes of this
sub-rule, “adequate knowledge” means answering correctly at least 60 percent of
the questions put to him.
(2) Nothing contained in sub-rule (1) shall
apply to the following class of applicants, namely,-
(a). The holder of an effective driving
licence
(b) The holder of a driving licence which
has expired but five year, have not elapsed,
(c)
The
holder of a learner’s licence issued or renewed after the commencement of these
rules.
1. Inserted by GSR 933 (E) dt. 28-10-1989.
12. Consent of parent or guardian in the case
of application by minor:
In the case of an application for a learner’s licence to drive a motorcycle without gear by an applicant under the proviso to sub-section (1) of section 4, the application shall be signed by the parent or guardian of the applicant.
13. Form of learner’s licence:
Every learner’s licence issued by the licensing authority shall be in Form 3.
DRIVING LICENCE
14. Application for a driving licence:
An application for a driving licence shall be made in Form 4 and shall be accompanied by-
(a) An effective learner’s licence to drive
the vehicle of the type to which the application relates;
(b) Appropriate fee as specified in rule 32,
for the test of competence of drive and issue of licence;
(c) Three copies of the applicant’s recent 1[passport size photograph];
(d) Save as otherwise provided in rule 6, a
medical certificate in 1[Form 1A];
(e) A driving certificate in Form 5 issued
by the school or establishment from where the applicant received instruction,
if any.
1. Substituted by GSR 933 (E) dt.
28-10-1989.
(1) No person shall appear for the test of
competence to drive unless he has held Learner’s licence for a period of at
least 1[thirty days].
(2) The test of competence to drive referred
to in sub-section (3) of section 9 shall be conducted by the licensing
authority or such other person as may be authorised in this behalf by the State
Government in a vehicle of the type to which the application relates.
(3) The applicant shall satisfy the person
conducting the test that he is able to-
(a) Adjust the rear-view mirror;
(b) Take suitable precautions before
starting the engine;
(c) Move away safely and smoothly straight
ahead at an angle, while at the same time engaging all gears until the top gear
is reached.
(d) To change to the lower gears quickly
from the top gear when the traffic conditions warrant such change;
(e) Change quickly to lower gears when
driving downhill;
(f) Stop and re-start the vehicle on a
steep upward incline making proper use of the hand-brake or of the throttle and
the foot-brake without any rolling back, turn right and left corners correctly
and make proper use of the rear-view mirror before signalling;
(g) Overtake, allow to be overtaken, meet or
cover the path of other vehicles safely and take an appropriate course of the
road with proper caution giving appropriate signals;
(h) Give appropriate traffic signals at the
appropriate time, in clear and unmistakable manner by hand or by electrical
indicators fitted to the vehicle.
(i) Change lanes with proper signals and
with due care;
(j) Stop the vehicle in an emergency or
otherwise, and in the latter case, bring it to rest at an appropriate course on
the road safely, giving appropriate signals;
(k) In the case of vehicle having a reverse
gear, driving the vehicle backwards, reverse it into a limited opening either
to the right or left under control and with reasonable accuracy;
(1) Cause the vehicle to face in the
opposite direction by means of forward and reverse gears;
(m) Take correct and prompt action on the
signals given by traffic signs, traffic lights, traffic controllers, policemen
and take appropriate action on signs given by other road users;
(n) Act correctly at pedestrian crossings,
which are not regulated by traffic light or traffic police, by giving
preference to persons crossing the roads;
(o) Keep well to the left in normal driving;
(p) Regulate speed to suit varying road and
traffic conditions;
(q) Demonstrate general control of the vehicle
by confident steering and smooth gear changing and braking as and when
necessary;
(r) Make proper use of the rear-view minor
before signalling, beginning manouevring, moving away, altering the course to
overtake, turning right or stopping;
(s) Use the proper side when driving
straight, turning right, turning left and at junction of the road;
(t) Make proper use of accelerator, clutch,
gears, and brakes (hand and foot) steering and horn;
(u) Anticipate the actions of pedestrians,
drivers of other vehicles and cyclists;
(v) Take precautions at cross roads and on
road junctions with regard to:
(i) Adjustment of speed on approach,
(ii) Proper use of rear-view mirror,
(iii) Correct positioning of the vehicle before
and after turning to the right or left,
(iv) Avoidance of cutting right hand corners,
(v) Looking right, left and right again
before crossing or emerging,
(w) Concentrate in driving without his attention
being distracted, It and to demonstrate the presence of mind;
(x) Show courtesy and consideration for the
safety and convenience of other road users, such as pedestrians, drivers of
other motor vehicles or cyclists.
1. Substituted by GSR 933 (E) dt.
28-10-1989.
(1) Every driving licence issued or renewed by a licensing authority shall be in Form 6.
(2) Where the licensing authority has the necessary apparatus, for the issue of a laminated card type driving licence, such card type driving licence shall be in Form 7.
(3) On and from the date of commencement of
this sub-rule, every driving licence issued or renewed by the licensing
authority shall be in Form 7.
17. Addition to driving licence
(1) An application for addition of another
class or description of motor vehicle the driving licence shall be made in Form
8 to the licensing authority and shall be accompanied by-
(a) An effective learner’s licence and
driving licence held by the applicant;
(b) In the case of an application for
addition of a transport vehicle, the driving certificate in Form 5;
(c) 1[*
* *]
(d) Appropriate fee as specified in rule 32
(2) The provisions of sub-section (l),
sub-section (3) and sub-section (4) of section 9 shall, in so far as may be,
apply in relation to an application under sub-section (1) as they apply in
relation to an application for the grant of a driving licence.
1. Omitted
by GSR 933 (E) dt. 28-10-1989.
18. Renewal of driving licence
(1) An application for the renewal of a driving licence shall be made in Form 9 to the licensing authority having jurisdiction over the area in which the applicant ordinarily resides or carries on business and shall be accompanied by-
(a) Appropriate fee as specified in rule 32;
(b) Three copies of the applicant’s recent 1[passport size photograph], if renewal is to be
made in Form 6;
(c) The driving licence;
(d) The medical certificate in 1[Form 1A].
(2) Where the driving licence authorizes the
holder of such licence to drive a transport vehicle as well as any other
vehicle, then the licensing authority shall, subject to the production of
medical certificate, renew, such licence for the appropriate period as
specified in sub-section (2) of section 14.
1. Substituted
by GSR 933 (E) dt. 28-10-1989.
Where the licensing authority rejects an application for the renewal of a driving licence under sub-section (5) of section 15, it shall refund half of the fee paid for such renewal to the applicant, on an application made by him in that behalf not later than thirty days from the date of receipt of the order rejecting the application.
20. Driving licence to drive motor vehicle
belonging to the Defence Department:
The authorities
for the purposes of sub-section (1) of section 18 shall be-
(i) All the officers commanding of units of Army of and above the rank of Major-
(ii) All the officers commanding of units of
Navy of and above the rank of Lieutenant Commander;
(iii) All the officers-commanding of units of
Air Force of and above the rank of Squadron Leaders.
Disqualification
21. Powers of licensing authority to
disqualify
For the purposes of clause (f) of sub-section (1) of section 19, the commission of the following acts by a holder of a driving licence shall constitute nuisance or danger to the public, namely:
(1) Theft of motor vehicle
(2) Assault on passengers.
(3) Theft of personal effects of passengers
(4) Theft of goods carried in goods
carriages.
(5) Transport of goods prohibited under any
law.
(6) 1[Driver,
while driving a transport vehicle, engaging himself in activity which is likely
to disturb his concentration.]
(7) Abduction of passengers
(8) Carrying overload in goods carriages
(9) Driving at speed exceeding the specified
limit
(10) Carrying persons in goods carriage, either
inside the driver’s cabin in excess of its capacity or on the vehicle, whether
for hire or not.
(11) Failing to comply with the provisions of
section l34
(12) Failure to stop when signal led to do so
by any person authorised to do so.
(13) Misbehavior with and showing discourtesy
to passengers, intending passengers or consignors and consignees of goods
(14) Smoking while driving public service
vehicles
(15) Abandoning vehicle in a public place
causing inconvenience to other road users or to passengers in the vehicle
(17) Interfering with any person mounting or
preparing to mount up on any other vehicle
(18) Allowing
any person to sit or placing things in such a way as to impede the driver from
having a clear vision of the road or proper control of the vehicle.
(19) Not stopping a stage carriage at approved
stopping places for a sufficient period of time in a safe and convenient
position upon demand or signal of the conductor or any passenger desiring to
alight from the vehicle and unless there is no room in the vehicle, upon demand
or signal of any person desiring to becoming a passenger.
(20) Loitering
or unduly delaying any journey and not proceeding to the destination as near as
may be in accordance with the time table pertaining to the vehicle, or, where
there is no such time table, with all reasonable despatch.
(21) Not driving a contract carriage, in the
absence of a reasonable cause, to the destination named by the hirer by the
shortest route
(22) The driver of a motor cab not accepting
the first offer of hire, which may be made to him irrespective of the length of
the journey for which such offer is made.
(23) The driver of a motor cab demanding or
extracting any fare in excess to that to which he is legally entitled or
refusing to ply motor cab.
1[(24) Abandoning a transport
vehicle as a mark of protest or agitation of any kind or strike in a public
place or in any other place in a manner causing obstruction and inconvenience
to the public or passengers or other users of such places.]
1. Substituted by GSR 933 (E) dt.
28-10-1989.
A court convicting a holder of a licence, for any one of the offences specified hereunder, shall endorse or cause to be endorsed in the driving licence, the particulars of such conviction, namely:
(a) Driving without a licence, without a
licence, which is effective, or without a licence applicable to the vehicle
driver (section 3)
(b) Allowing a licence to be used by another
person (section 6(2))
(c) Driving when disqualified (section 23).
(d) Driving an unregistered vehicle (section
39)
(e) Driving a transport vehicle not covered
by a certificate of fitness (section 56)
(f) Driving a transport vehicle in
contravention of section 66
(g) Driving in contravention of rule 118
(h) Failure to comply with provisions of
section 114
(i) Refusing or failing within specified
time to produce licence or certificate of registration (section 130).
(j) Failing to stop vehicle as required
under section 132
(k) Obtaining or applying for a licence
without giving particulars of endorsement (section 182)
(1) Driving at excessive speed (section 183)
(m) Driving dangerously (section 184)
(n) Driving while under the influence of
drink or drugs (section 185)
(o) Driving when mentally or physically
unfit to drive (section 186)
(p) Abetment of an offence punishable under
section 183 or 186
(q) Abetment of offence specified in section
188.
(r) Taking part in unauthorised race or
trial of speed (section 189)
(s) Using vehicle in unsafe condition
(section 190)
(t) Driving vehicle exceeding permissible
limit or weight (section 194)
(u) Altering a licence or using an altered
licence
(v) An offence punishable with imprisonment
in the commission of which a motor vehicle was used
State Register
23. State Register of driving licences
(1) Each State Government shall maintain a
State Register of driving licences in respect of driving licences issued and
renewed by the licensing authorities in the State in Form 10.
(2) Each State Government shall send to the Director (Transport Research), Ministry of Surface Transport, New Delhi, a printed copy of the register referred to in sub-rule (1).
Driving Schools and Establishments:
24 Driving schools and establishments:
(1) No person shall establish or maintain
any driving school or establishment for imparting instructions for hire or
reward in driving motor vehicles without a licence in Form 11 granted by the
licensing authority.
(2) An application for the grant or renewal
of a licence under sub-rule (1) shall be made in Form 12 or Form 13, as the
case may be, to the licensing authority having jurisdiction in the area in
which the school or establishment is situated and shall be accompanied by
appropriate fee as specified in rule 32.
Explanation: For the purposes of this rule and rules 25
to 28 “licensing authority” means an officer not below the rank of the Regional
Transport Officer of the Motor Vehicles Department establishment under section
213.
(3) The licensing authority shall, when
considering an application for the grant or renewal of a licence under this
rule, have regard to the following matters, namely: -
(i) The applicant and the staff working
under him are of good moral character and are qualified to give driving
instructions;
(ii) The premises where the school or
establishment is proposed to be conducted is either owned by the applicant or
is taken on lease by him or is hired in his name and it has adequate provision
for 1[conducting lecture and demonstration
of models] besides adequate parking area for the vehicles meant to be used for
imparting instructions in driving:
PROVIDED that in respect of
schools or establishments imparting instructions in driving of motor vehicles
or matters connected therewith immediately before the commencement of these
rules, the licensing authority may permit the conducting of instruction
facilities in the same premises, where the school or establishment is housed
for a period of six months, notwithstanding the fact that the premises do not
satisfy the conditions laid down in this clause
(iii) The financial resources of the proposed
school or establishment are sufficient to provide for its continued
maintenance;
(iv). The applicant owns and maintains a minimum
of one motor vehicle each of the type in which instruction is imparted in the
school or establishment-
(v) The vehicles are available exclusively
for purposes of imparting instruction and all such vehicles, except
motorcycles, are fitted with dual control facility to enable the instructor to
control or stop the vehicle;
(vi). The applicant maintains the following
apparatus, equipments and other requirements namely, -
(a) A blackboard,
(b) A road plan board with necessary model
signals and charts,
(c) Traffic signs chart,
(d) Chart on automatic signals and signals
given by traffic controllers where there are no automatic signals,
(e) A service chart depicting a detailed
view of all the components of a motor vehicle,
(f) Engine gear box, 2[brake shoe and drums] (except where the
applicant desires to impart instruction in the driving of motorcycles only),
(g) Puncture kit with type lever, wheel
brace, jack and type pressure gauge,
(h) Spanners (a set each of fix spanners,
box spanners, pliers, screw drivers, screw spanners, and hammer),
(i) Driving instructions manual,
(j) Benches and tables for trainees and
work bench,
(k) 3[*
(l) 3[*
PROVIDED, that where the applicant is unable to maintain a projector and screen, it shall be sufficient if arrangements are made by the applicant for audio-visual demonstration of road safety by means of pre-recorded video cassettes though television or other similar display equipment,
(m) A 4[Collection]
of books on automobile mechanism, driving, road safety, traffic regulations,
laws relating to motor vehicles and related subjects 3[* * *],
(n) A fully equipped first-aid box for use
in emergency at the premises;
(vii) 3[*
* *];
(viii) The applicant or any member of the staff
employed by him for imparting instructions possesses the following
qualifications, namely,
(a) A minimum educational qualification of a
pass in the 10th standard,
(b) A minimum driving experience of five
years in addition to a certificate in a course in motor mechanics or any other
higher qualification in mechanical engineering from an institution established
by the Central or a State Government or from an institution recognised by the
Board of Technical Education of State Government,
(c) Thorough knowledge of traffic signs
specified in the Schedule to the Act and the regulations made under section
118,
(d) Ability to demonstrate and to explain
the functions of different components, parts of the vehicles,
(e) Adequate knowledge of English or the
regional language of the region in which the school or establishment is
situated:
PROVIDED that any person who
has served as an instructor for a period of not less than five years
immediately before the commencement of these rules, is exempted from the
requirements of this sub-clause.
(4) The licensing authority may, on receipt
of an application under sub-rule (2) and after satisfying that the applicant
has complied with the requirements of sub-rule (3), grant or renew a licence in
Form 11.
(5) No application for licence shall be
refused by the licensing authority unless the applicant is given an opportunity
of being heard and reasons for such refusal are given in writing by the
licensing authority.
1. Substituted
by GSR 933 (E) dt. 28-10-1989.
2. Inserted by GSR 933(E) dt. 28-10-1989.
3. Omitted by GSR 933(E) dt. 28-10-1989.
4. Submitted
by GSR 933(E) dt. 28-10-1989.
25. Duration of a licence and renewal thereof:
A licence granted in Form 11 shall be in force for a period of five years and may be renewed on an application in Form 13 made to the licensing authority, which granted the licence not less than sixty days before the date of its expiry.
26. Issue of duplicate licence
(1) If at any time a licence granted under
sub-rule (4) of rule 24 is lost or destroyed the holder of the licence shall
forthwith intimate the loss to the licensing authority which granted the
licence and shall apply in writing to the said authority, for a duplicate.
(2) On receipt of an application along with
the appropriate fee as specified in rule 32, the licensing authority shall
issue a duplicate licence clearly marked “Duplicate”.
(3) If after the issue of a duplicate
certificate, the original is found, the same shall be surrendered forthwith to
the licensing authority by which it was issued.
27. General conditions to be observed by the
holder of a licence:
The holder of a
licence granted under rule 24 shall, -
(a) Maintain on an annual basis, a register in Form 14 and an alphabetical list of the names of the students admitted during the year;
(b) Conduct the training course according to
the syllabus specified in rule 31;
(c) 1[*
* *]
(d) Issue to every student who has completed
the course a certificate in Form 5;
(e) Submit to the licensing authority, which
granted the licence such information, or return as may be called for by it from
time to time for the purposes of this Chapter.
(f). Not shift the school or establishment
from the premises mentioned in the licence without the prior approval in
writing of the licensing authority, which granted the licence;
(g) Keep the premises of the school or
establishment and the record and registers maintained by it at all reasonable
times open for inspection by the licensing authority or by any person
authorised in this behalf by the licensing authority;
(h) Exhibit in a conspicuous manner on all
the motor vehicles used for imparting instructions the name, full address of
the school or establishment and the telephone number, if any, in bold letters;
(i) Maintain a record separately for each
trainee showing the number of driving hours spent every day in Form 15.
(j) Display at a prominent place in its office the following:
(i) The licence in original issued to the
school or establishment by the licensing authority, and
(ii) The names and addresses of instructors employed
by the school or establishment;
(k) Not act in a manner calculated to
mislead any person making an application to receive instructions from the
school or establishment as to his ability to procure a licence for such person
other than in accordance with these rules or to connive with any person in acts
of commission or omission with a view to circumventing the provisions of this
Chapter
1. Omitted
by GSR 933 (E) dt, 28-10-1989.
28. Power of the licensing authority to
suspend or revoke licence
(1) If the licensing authority which granted
the licence is satisfied, after giving the holder of the licence an opportunity
of being heard, that he has-
(a) Failed to comply with the requirements
specified in sub-rule (3) of rule 24; or
(b) Failed to maintain the vehicles in which
instructions are being imparted in good condition; or
(c) Failed to adhere to the syllabus
specified in rule 31 in imparting instruction; or
(d) Violated any other provision of rule 27,
It may, for
reasons to be recorded in writing, make an order,-
(i) Suspending the licence for a specified
period;
(ii) Revoking the licence
(2) Where the licence is suspended or revoked under sub-rule (l), the licence shall be surrendered to the licensing authority by the holder thereof.
Any person aggrieved by any order of the licensing authority under sub-rule (5) of rule 24, rule 25 or rule 28 may, within thirty days of the date of receipt of such order, appeal to the head of the Motor Vehicles Department established under section 213.
(1) An appeal under rule 29 shall be
preferred in duplicate in the form of a memorandum, setting forth the grounds
of objections to the order of the licensing authority and shall be accompanied
by a certified copy of the order appealed against and appropriate fee as
specified in rule 32.
(2) The appellate authority, after giving an
opportunity to the parties to be heard and after such further enquiry, if any,
as it may deem necessary, pass appropriate orders.
31. Syllabus for imparting instructions in
driving of motor vehicles
(1) The syllabus for imparting instructions in driving of motor vehicles of the schools or establishments shall be as follows (see tables below):
A.
DRIVING THEORY-I
1.
Know your vehicle Simple introduction to
automobile engines and
their
working.
2. Vehicle control
Foot controls Foot brake,
accelerator, clutch-dipper (not in
present models).
Hand
controls Steering
wheel, hand brake, horn, light, wipers, ignition switch, starter, dipper and
indicators.
Other
controls Rear-view
mirror (right and left side), instrument cluster, gauges, dials, and
wind-screen-their purpose.
3.
Pre-driving checks (i) Before sitting on driver’s seat and
(ii) After sitting on driver’s seat
Precautions just
before moving,
While moving
4. Beginning to drive Bitting point,
Moving,
Steering
control,
Changing of
gear,
Stopping,
Braking,
Accelerator
(gradual/sudden)
Traffic sense, road sense,
judgment, parking and positioning according to road users, reversing
5 Driving on the road Anticipation, judgment, and
road positioning
according to
other road users
6 Driving at intersection Mirror Signal and Manoeuvre
(MSM) and
Position Speed
and Look (PSL).
Zone of vision.
7. Manoeuvre Merging and diverging
manoeuvres-turning
manoeuvres to left, right,
about, 3-point turn, 5-point turn and U-turn, over taking stationary vehicle,
moving vehicle in left side and right side.
8. Reversing Locating reverse gear in sitting position, speed
ing in reverse gear, weaving the ‘S’ bend and common errors.
9. Parking Parallel, angular,
perpendicular parking .
facing
uphill, parking facing downhill,
common
errors.
10. Driver’s responsibility on Driving behaviour, consideration for
other users, courtesy and competitiveness, over-
confidence,
impatience and defensive driving.
Distance
between cars while driving at railway
crossing.
11. Priority for certain vehicles Emergency vehicles
Fire engines
and ambulance.
B. TRAFFIC EDUCATION-I
1. Driving regulations Road use regulations made under section 11 8 of the Motor Vehicles
Act,
1988.
2. Hand signals
-do-
3. Traffic signs Schedule to Motor Vehicles Act,
1988.
4.
Hand
signals of traffic constables
/traffic warden.
5.
Introduction
to automatic light
signals.
6. Introduction to road markings.
7.
Speed
regulations on highways and
city roads.
8. Parking at objectionable places.
9.
Some
important provisions of the
Motor Vehicles Act, 1988-Sections
122, 123, 125, 126 and
128 of the
Motor Vehicles Act, 1988.
10. Test of competence to drive
Sub-rule (3) of rule 15 of Central Motor
Vehicles Rules, 1989.
C. LIGHT VEHICLE DRIVING
PRACTICE
|
1. Identification
of various parts of the vehicle. |
|
|
2.
Pre-driving checks |
(i) Before sitting on driver’s seat, and |
|
|
(ii) After sitting on driver’s seat |
|
3.
Steering practice. |
-Push and pull method. |
|
4.
Bitting point |
|
|
5.
Moving and gear changing |
|
|
6
Stopping: |
-Normal stopping |
|
|
|
|
|
-Emergency stopping |
|
7. Developing judgment and anticipation
to drive on road |
|
|
8.
Reversing |
In straight |
|
|
-In ‘S’ bends. |
|
9. Turning
about and parking |
|
|
10. Licensing |
|
|
D. VEHICLEMECHANISM AND REPAIRS |
|
|
1. Layout
of vehicle. |
|
|
2. Function
of diesel and petrol engines. |
|
|
3. Fuel
system |
Fuel lines |
|
-Fuel injection pump -Atomiser -Air lock -Oil block. |
|
|
4. Cooling
system |
-Purpose-Radiator -Water pump --Fan leaf /fan belt -Radiator water boiling -Rectification. |
|
5. Lubrication
system |
Purpose -Engine lubrication -Chassis lubrication -Oil grade numbers
unit-wise. |
|
6. Transmission
systems |
(s) Clutch
:-Functions -Slip -Rising -Linkages (b) Gear
box:-Function -Purpose -Parts (c) Propeller
shift:-Function/purpose -Yoke joint -D.J. bearing slip -”U” joint -Lubrication (d)
Differential:-Purpose -Function/Noise. |
|
7. Suspension system |
-Purpose -Springs -Shackle, shackle pin bushes -Shock absorber and its bushes. |
|
8. Steering system |
-Purpose -Steering geometry -Steering linkages -Steering box. |
|
9. Brake system |
-Purpose -Hydraulic brake and its know-how -Air assisted hydraulic brake and its know-how -Air brake and its know-how -Brake adjustment of the entire system. |
|
10. Electrical system |
-Battery and its condition -Dynamo/Alternator -Self motor-Starter motor regulators -Lights-Knowledge to read the charging rate in the
Ampere meter. |
|
11. Tyres |
-Study of tyres -Maintenance -Effect of defective tyres and wheel alignment. |
|
12. Instruments cluster, dashboard meters
and their purposes and functions. |
|
|
E. MEDIUMANDHEAVYVEHICLESDRIVING DRIVING
THEORY-II |
|
|
1. Quantities of a good driver |
-Patience, responsibility, self-confidence,
anticipation, concentration, courtesy, defensive driving, knowledge of road
rules/regulations, knowledge of vehicle controls, maintenance and simple
mechanism. |
|
2. Knowledge of vehicle controls |
Major controls -Minor controls. |
|
3. Response of controls |
-Accelerator -Brake-Gradual/Sudden/Sudden fierce -Clutch -Steering. |
|
4. Pi-e-driving checks |
(i) Before
sitting on driver’s seat, and (ii) After sitting on driver’s seat. |
|
5. Holding steering wheel |
|
|
|
-Push and pull method
practice -on the move -while gear changing -while turning -while sounding horn -while operating dashboard
switches -while signalling -on emergency. |
|
6. Gear changing |
-Double de-clutching, importance and procedure, single clutching -Gear up procedure, shifting to lower gears -Gear down procedure, shifting to higher gears. |
|
7. Beginning to drive |
-I gear -II gear -III gear -IV gear -V gear -Reverse gear -Overdrive/optional. |
|
8. M.S.M. and P.S.L. routines. |
|
|
9. Manoeuvres |
-Passing -Merging -Diverging -Overtaking -Crossing -Turning -Cornering -Reversing -Parking. |
|
10. Stopping |
-Normal stopping -Emergency stopping -Use of engine brake/exhaust brake. |
|
11. Stopping
distance |
-Reaction distance -Braking distance. |
|
12. Following
distance |
-Meaning -Distance method -Car length method -2 seconds time rule method |
|
13. Identification, prediction, decision
and execution (IPDE) principle |
|
|
14. Defensive
driving techniques |
-judgment -Anticipation -Escape route. |
|
15. Night
driving |
-Location of head light switch -Procedure -Obligation to light the lamps, restriction on lighting the lamps. |
|
16. Hill
driving |
-Starting in hill using the parking brake method -Slipping the clutch method -Driving up-hill -Driving down-hill. |
|
17. Emergency
manoeuvres |
-Prevention is better than cure in case of skidding, horn stuck -Fire, wheels coming out -Brake failure -Broken stub axle -Burst of front tyre -Steering wobbling -Snapping of steering
linkages -jamming of accelerator
pedal -Snapping of clutch rod -Under special
circumstances like chances of collision with a disabled vehicle. -Brake failure during
down-hill -Sudden obstruction in
front of the vehicle |
|
18. Driving
under special conditions |
-In wet weather -In dawn, dust and misty
roads -In dense traffic. |
|
19. Towing
(trailer driving) |
-Procedure -On tow board -Speed of towing -Reversing and positioning the vehicle with trailers. |
|
20. Fuel-saving methods |
|
|
21. Reports-discussions |
|
|
F. TRAFFIC EDUCATION-II |
|
|
1. Know your road |
-Functional
classification -Design speeds -Road
geometries -Surface types
and characteristics -Slopes and elevation. |
|
2. Slight distance |
-At bends -At intersections. |
|
3. Road junctions |
-Principles and types -T junctions -Y junctions -4-Arms junctions -Staggered junctions -Controlled junctions -Uncontrolled junctions |
|
4. Traffic islands |
-Types of roundabouts -Channelisers,
median. |
|
5. Bye-pass, subway, over-bridge and
fly-overs |
-Purpose -Driving procedures. |
|
6. Bus stop, bus terminus, bus stand |
-Ingress-gress method. |
|
7. Road markings |
-White line: continuous and broken -Yellow line -Lane marking -Zebra crossing -Stop line -Parking markings -Sense of road signals. |
|
8. Lane selection and lane discipline |
|
|
9. Automatic light signals |
|
|
10. Road users characteristics |
-Pedestrian, drunkards, children and blind, deaf and dumb -Youth, aged women with children -Slow moving vehicles -Mopeds and motor cycles -Auto, tempos, vans -Buses and trucks -VIP, ambulance, fire engine -Animals. |
|
11. Accidents |
-Types of accidents -Causes of accidents -Preventive methods -Driver’s duties and responsibilities on the
occurrence of accidents. |
|
12. Important provisions in Motor Vehicles
Act, 1988 (59 of 1988), Central Motor Vehicles Rules, Vehicles Rules. |
Certain definitions
Driving licence and its renewal Carrying driving licence, certificates of
1989, and the State Motor registration, fitness and insurance, permit
taxation card or tax token and production of such document on demand by
checking officers -Traffic offences and
penalties stipulated under the Act and Rules -Relevant Extracts of
Petroleum Act, 1934 -City Police Act -Indian Penal Code, 1860. |
G. PUBLIC
RELATIONS FOR DRIVERS
Some basic
aspects about ethical and courteous
behaviour with
other road users.
H. HEAVY VEHICLE DRIVING PRACTICE
|
1. Introduction
to various instruments |
-Dial gauges and controls. |
|
2. Pre-driving
checks |
-(i) Before sitting on driver’s seat and -(ii) After sitting on driver’s seat. |
|
3. Beginning
to drive |
-Bitting point, moving, changing gear including
double de-clutch steering, stopping, hand signals. |
|
4. Rural
road driving |
-Application of IBDE-principle. |
|
5. Development
of judgement |
-Passing, overtaking, merging, diverging, M.S.M.,
and P.S.L. routine method of practice, defensive driving technique, proper
following. |
|
6. Development
of anticipation |
-Turning, meeting, entering and emerging in
junctions, lane selection and lane discipline, intersection, observation. |
|
7. Developing skill to drive in
crowded streets |
|
|
8. Night driving |
|
|
9. Cross country practice and hill
driving |
|
|
10. Internal-trade test |
|
|
11. Reversing and parking practice |
|
|
12. Licensing |
|
I. FIRE HAZARDS
Fire-fighting and prevention methods on vehicle.
J. VEHICLE MAINTENANCE
1. Factors affecting the vehicle parts due
to bad and negligent driving
2. General day-to-day maintenance and
periodical maintenance
3. Battery maintenance
4. Tyre maintenance and tube vulcanising
5. Engine tune up
6. Checking wheel alignment
7. Brake adjustment
8. Accelerator, brake, clutch-pedal
adjustment
9. Fan belt adjustments
10. Observation of dash-board meters
11. Lubrication
12. Removal of air lock and oil block
K. FIRST-AID
1. Introduction to first-aid
2. Outline of first-aid
3. Structure and functions of the body
4. Dressings and bandages
5. The circulation of the blood
6. Wounds and haemorrhage
7. Haemorrhage from special regions
8. Shock
9. Respiration
10. Injuries to bones
11. Burning scales
12. Unconsciousness (insensibility)
13. Poisons.
1[(2) The lessons for training
drivers of non-transport vehicles shall cover Parts A, B, C, F, G and K of the
syllabus referred to in sub-rule (1) and the training period shall not be less
than twenty-one days:
PROVIDED that, in case of
motor cycles, it shall be sufficient compliance with the provisions, if portion
of Part C of syllabus as applicable to such vehicles are covered.
(3) The lessons for training drivers of
transport vehicles shall cover Parts E,F,G, H, I, J and K of the syllabus
referred to in sub-rule (1) and the training period shall not be less than
thirty days:
PROVIDED that this sub-rule
shall not apply in respect of drivers holdings,, driving licence to drive
medium goods vehicle or medium passenger motor vehicle who had undergone the
lessons after the commencement of this rule, and desiring to obtain a driving
licence to drive heavy goods vehicle or heavy passenger motor vehicle.
(4) The actual driving hours for trainees in
driving non-transport vehicles shall not be less than ten hours and actual
driving hours for trainees in driving transport vehicle shall not be less than
fifteen hours:
PROVIDED that, in the case
of drivers holding driving licence to drive medium goods vehicle or medium
passenger motor vehicle under going training for heavy motor vehicles, it shall
be sufficient if they undergo training in driving for a period of not less than
five hours.
2[(5) Nothing in this rule
shall apply in the case of an applicant whose driving licence authorises him to
drive a motor cycle or a three-wheeler non-transport vehicle or a motor car,
applying for a licence to drive a motor cab of the respective type, or in the
case of an applicant holding a driving licence to drive a tractor, applying for
a licence to drive a tractor-trailer combination.
(6) Where any trainee possesses first-aid
certificate issued by St. john Ambulance Association, he need not undergo Part
K of the syllabus referred to in sub-rule (1).]
1. Inserted
by GSR 933(E) dt. 28-10-1989.
2. Substituted by CSR 933(E) dt. 28
3-1993.
(1) Where there is no school or
establishment as is referred to in sub-section (4) of section 12 (sic) granted
a licence under sub-rule (4) of rule 24, in any taluk within the jurisdiction
of the licensing authority, the licensing authority may, notwithstanding anything contained in sub-rules (3) and (4)
of rule 24 or rule 25,granta temporary licence to any establishment or any
person for imparting instruction in the driving of a transport vehicle, subject
of the following conditions, namely,-
(a) The temporary licence shall be valid for
a period of one year from the date of its issue:
PROVIDED that as long as the
taluk does not have any school or establishment, the licensing authority may
renew a temporary licence granted under this sub-rule for a further period not
exceeding one year t a time.
(b) The
person imparting instruction in the
driving of a transport vehicle shall possess the following
qualifications, namely:
(i) A minimum driving experience of
five years in the class of vehicles in
which instruction is proposed to be imparted;
(ii) Adequate knowledge of the regional language
of the region in which the school or establishment is situated;
(iii) A thorough knowledge of traffic signs
specified in the Schedule to the Act and the Regulations made under section
118;
(iv) Ability to demonstrate and explain the
functions of different components and parts of a vehicle.
(c) The applicant shall maintain a motor
vehicle each of the type in which the instruction is imparted and also the
following apparatus, namely, -
(i) Black board;
(ii) Traffic sign chart;
(iii) A service chart depicting a detailed view
of all the components of a motor vehicle;
(iv) Puncture kit with type lever, wheel
brace, jack;
(v) A set each of fixed spanners, box
spanners, screw driver, screw spanners and hammer.
(2) The driving schools run by a State
Transport Undertaking or an Industrial Training Institute set up by the Central
Government or any State Government and other establishments run by the Central
Government or a State Government which have facilities for imparting training
for drivers, shall be authorised to issue driving certificates in Form 5,
subject to the condition that the training imparted in these schools shall be
in accordance with the syllabus referred to in rule 31.]
1. Inserted by GSR 933(E) dt. 28-10-1989.
The fees which shall be
charged under the provisions of this Chapter shall be as specified in the Table
below:
TABLE
|
S. No. |
Purpose |
Amount |
Rule |
Section |
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1. |
In respect of issue or
renewal of learner’s licence for each class of vehicle. |
Fifteen rupees |
10 |
|
|
2. |
In respect of issue of a
driving licence Form 6. |
Twenty
Rupees |
14(b) |
|
|
3. |
In respect of
issue of a driving licence Form 7. |
Forty-five rupees |
14(b) |
|
|
4. |
For test of competence to
drive. |
Fifteen rupees |
14(b) |
|
|
5. |
In respect of
addition of another class of vehicle to driving licence in Form 6. |
Fifteen rupees |
17(l)(d) |
|
|
6. |
In respect of
renewal of driving licence in Form 6. |
Fifteen rupees |
18(l)(a) |
|
|
7. |
In respect of renewal of a driving licence in Form
6 to drive a motor vehicle for which application is made after the, grace period |
Fifteen rupees. Additional
fee at the rate of ten rupees for a period of delay of one year or part
thereof reckoned from the date of expiry of the grace period. |
|
15(4) |
|
8. |
In respect of addition of another class of motor
vehicles to the driving licence in Form 7 and renewal of driving licence in
Form 7. |
Forty rupees |
17(1) (d) 18(1) (a) |
15(4) |
|
9. |
In respect of issue and renewal of licence to a
school or establishment for imparting instructions in driving. |
Five hundred rupees |
24(2) |
|
|
10. |
In respect of issue of duplicate licence to the
school or establishment imparting instruction in driving. |
Fifty rupees |
26(2) |
|
|
11. |
In respect of an appeal against the orders of
licensing authority referred to in rule 30. |
Fifty rupees |
30(1) |
|
CHAPTER III
REGISTRATION OF
MOTOR VEHICLES
Trade Certificate
33. Condition for exemption from registration
For the purpose of the
proviso to section 39, a motor vehicle ill the possession of a dealer shall be
except front the necessity of registration subject to the condition that he
obtains a trade certificate front the registering authority leaving
jurisdiction ill the area in which the dealer has his place of business in
accordance with the provisions of this Chapter.
(1) An application for the grant or renewal
of a trade certificate shall be made in or in 16 and shall be accompanied by
the appropriate fee as specified in Rule 81.
(2) Separate applications shall be made for
each of the following classes of vehicle namely, -
(a) Motorcycle;
(b) Invalid carriage;
(c) Light motor vehicle;
(d) Medium, passenger motor vehicle;
(e) Medium goods vehicle;
(f) Heavy passenger motor vehicle;
(g) Heavy goods vehicle;
(h) Any other motor vehicle of a specified
description.
35. Grant or renewal of trade certificate
(1) On receipt of an application for the
grant or renewal of a trade certificate in respect of a vehicle, the
registering authority may, if satisfied that the applicant is a bona e dealer
and requires the certificates specified in the application, issue to the
applicant e or more certificates, as the case may be, in Form 17 and shall
assign in respect of each certificate a trade registration mark consisting of
the registration mark referred to the notification made under subsection (6) of
section 41 and followed by two letters d a number containing not more than
three digits for each vehicle, for example:-
AB-Represent State Code.
12-Registration
District Code.
TCl-Trade
certificate number for the vehicle.
(2) No application for trade certificate
shall be refused by the registering authority unless the applicant is given an
opportunity of being heard and reasons for such refusal are given in writing.
Where the registering
authority refuses to issue or renew a trade certificate, it shall refund to the
applicant fifty percent of the fee paid along with the application.
A trade certificate granted
or renewed under rule 35 shall be in force for a period of twelve months from
the date of issue or renewal thereof and shall be effective throughout India.
38. Issue of duplicate certificate
(1) If at any time the trade certificate is
lost or destroyed, its holder shall report to the police station in the
jurisdiction of which the loss or destruction has occurred and intimate the
fact in writing to the registering authority by whom the certificate was issued
and apply in form 18 to the said authority for a duplicate certificate
accompanied by the appropriate fee as specified in rule 81.
(2) On receipt of an application along with
fee, the registering authority may issue a duplicate trade certificate clearly
marked “Duplicate”.
(3) If after the issue of a duplicate
certificate the original is traced, the same shall be Surrendered forth with to
the registering authority by which it was issued.
39. Use of trade registration mark and number
(1) A trade registration mark and number
shall not be used up on more than one vehicle at a time or upon any vehicle
other than a vehicle bona fide in the possession of the dealer in the course of
his business or on any type of vehicle other than the one for which the trade
certificate is issued
(2) The trade certificate shall be carried
on a motor vehicle in a weather-proof circular folder and the trade
registration mark shall be exhibited in a conspicuous place in the vehicle.
40. Restrictions on use of trade certificate
or trade registration mark and number
A trade certificate shall be
used only by the person to whom it is issued and such person shall not allow or
offer or cause the certificate or the number assigned in connection therewith
to be used by any other person:
PPROVIDED that the
provisions of this rule shall not apply where the person to whom the
certificate is granted, or a person bona fide in his employment and acting
under his authority, or any other person bona fide acting on behalf of the
holder of a trade certificate is present in the vehicle, or if such vehicle is
designed for use by only one person and is being used by a prospective
purchaser of that vehicle for the purpose of reasonable test or trial.
41. Purposes for which motor vehicle with
trade certificate may be used
The holder of a trade
certificate shall not use any vehicle in a public place under that certificate
for any purpose other thin the following: -
(a) For test, by or on behalf of the holder
of a trade certificate during the course of, or after completion of,
construction or repair, - or
(b) For proceeding to or returning from a
weigh bridge for or after weighment, or to and from any place for its
registration; or
(c) For a reasonable trial or demonstration
by or for the benefit of a prospective purchaser and for proceeding to or
returning from the place where such person intends to keep it; or
(d) For proceeding to or returning from the
premises of the dealer or of the purchaser or of any other dealer for the
purpose of delivery; or
(e) For proceeding to or returning from a
workshop with the objective of fitting a body to the vehicle or painting or for
repairs; or
(f) For proceeding to and returning from
airport, railway station, wharf for or after being transported; or
(g) For proceeding to or returning from an
exhibition of motor vehicles or any place at which the vehicle is to be or has
been offered for sale; or
(h) For removing the vehicle after it has
been taken possession of by or on behalf of the financier due to any default on
the part of the other party under the provisions of an agreement of
hire-purchase, lease or hypothecation.
42. Delivery of vehicle subject to
registration
No holder of a trade certificate shall deliver a motor vehicle to a purchaser without registration, whether temporary or permanent.
43. Register of trade certificate
(1) Every holder of a trade certificate shall
maintain a register in Form 19 in duplicate which shall be in a bound book,
with pages numbered serially.
(2) The particulars referred to in Form 19
except the time of return under column 7, shall be entered in the register
before the commencement of each trip by the holder of the trade certificate or
his representative and a duplicate copy of Form 19 made prior to the
commencement of each trip shall be carried during the trip by the driver of the
vehicle and shall be produced on demand by any officer empowered to demand
production of documents by or under the Act.
(3) The holder of a trade certificate shall,
at the end of a trip, fill in column 7 of Form 19 (both original and
duplicate), and the register and the duplicate shall be open for inspection by
the registering authority.
44. Suspension or cancellation of trade
certificate
If the registering authority has reason to believe that the holder of any trade certificate has not complied with the provisions of rules 39 to 43, it may, after giving the holder an opportunity of being heard, suspend or cancel the trade certificate held by him.
Any person aggrieved by an order of the registering authority under rule 35 or rule 44 may, within thirty days of the receipt of any such order, appeal to the head of the Motor Vehicles Department established under section 213.
(1) The appeal referred to in rule 45 shall
be preferred in duplicate in the form of memorandum, setting forth the grounds
of objections to the order of the registering authority and shall be accompanied by the appropriate fee as specified in
rule 81 and a certified copy of the order appealed against.
(2) The appellate authority, after giving an
opportunity to the parties to be heard and after such enquiry, if any, as it
deems necessary, pass appropriate orders.
Registration
47. Application for registration of motor
vehicles
(1) An application for registration of a
motor vehicle shall be made in Form 20 to the registering authority with in a
period of 1[seven days] from
the date of taking delivery of such vehicle, excluding the period of journey
and shall be accompanied by: -
(a) Sale certificate in Form 21;
(b) Valid insurance certificate;
2[(c) Copy of the proceedings
of the State Transport Authority or Transport Commissioner or such other
authorities as may be prescribed by the State Government for the purpose of
approval of the design in the case of a trailer or a semi trailer];
(d) Original sale certificate from the
concerned authorities in Form 21 in the case of ex-army vehicles;
(e) Proof of address by way of any one of
the documents referred to in rule 4;
(f) Temporary registration, if any;
(g) Road-worthiness certificate in Form 22
from the manufacturers, 3[Form
22A] from the body builders;
(h) Customs’ clearance certificate in the
case of imported vehicles along with the licence and bond, if any; and
(i) Appropriate fee as specified in rule
81.
(2) In respect of vehicles temporarily registered, application under the sub-rule (1) shall be made before the temporary registration expires.
1.
Substituted by GSR 933(E) dt.
28-10-1989.
2.
Substituted by GSR 338(E) dt.
26-3-1993.
48. Issue of certificate of registration
On receipt of an application under rule 47 and after verification of the documents furnished therewith, the registering authority shall, subject to the provisions of section 44, issue to the owner of the motor vehicle a certificate of registration in Form 23:
1[PROVIDED that where the
certificate of registration pertains to a transport vehicle it shall be handed
over to the registered owner only after recording the certificate of fitness in
Form 38].
1. Added
by GSR 338(E) dt. 26-3-1993.
49. Registration records to be kept by the registering authority
Every registering authority shall keep in Form 24 a permanent register of motor vehicles registered by it under section 41 and of motor vehicles of other States for which new registration marks are assigned by it under sub-section (2) of section 47 and shall also enter in such record under the respective registration numbers, all changes made with reference to the provisions of sub-section (10) or sub-section (14) of section 41, sub-section (5) of section 49, sub-section (6) of section 50, sub-sections (1), (2), (3) and (5) of section 51, subsection (4) of section 52, orders of suspension under section 53 and order of cancellation under sections 54 and 55.
1[50. Form
and manner of display of registration marks on the motor vehicles
(1) The registration mark referred to in
sub-section (6) of section 41 shall be displayed both at the front and at the
rear on all motor vehicles clearly and legibly on a plain surface of a plate or
part of the vehicle not inclined to vertical by more than thirty degrees, at
the front facing direct to the front and at the rear facing direct to the rear.
(2) Inthecaseofmotorcyclestheregistrationmarkinthefrontshallbedisplayed
parallel to the handle bar on any part of the vehicle including mudguard facing
the front instead of, on a plate in line with the axis of the vehicle:
PROVIDED that:
(a) The registration mark exhibited at the
rear of a transport vehicle shall be affixed to the vehicle on the right hand
side at a distance not exceeding one metre from the ground as may be reasonably
possible having regard to the type of the body of the vehicle;
(b) The registration mark shall also be
painted on the right and left side on the body of the vehicle in the case of a
transport vehicle;
(c) The registration mark shall also be
painted and exhibited on the partition provided between the driver and the
passengers, facing the passengers’ seats or, where there is no such partition,
on the front interior of the vehicle near the roof to the left side of the
driver’s seat facing the passengers’ seats in the case of a stage carriage or a
contract carriage and in the case of a motor cab or a taxi cab it shall be
sufficient if the registration mark is painted on the dash-board;
(d) The registration mark shall be exhibited
on a plate or surface on the left hand side and on the rear in the case of a
trailer or the last trailer, apart from the registration mark of the drawing
motor vehicle to which such trailer or trailers are attached.]
2[(3) The registration mark
shall be exhibited in two lines, the State code and registering authority code
forming the first line and the rest forming the second line, e below the other:
PROVIDED that the
registration mark in the front may be exhibited in one line:
PROVIDED FURTHER that in
models of two vehicles having no sufficient provion at the rear to exhibit the
registration mark in two lines, it shall be sufficient if in such vehicles
registration mark is exhibited in a single line:
PROVIDED FURTHER that
registration mark on a light motor vehicle may be in e centre with illumination.
(4) Every motor vehicle, except motor cab
and motor car, manufactured on and form the date of commencement of the Central
Motor Vehicles (Amendment) Rules, 93, shall be provided with sufficient space
in the rear for display of registration mark two lines-
(5) In case of agricultural tractors, the
registration mark need not be inclined to e vertical by more than 30 degrees.
(6) The registration mark of the drawing
agricultural tract or may not be exhibited the agricultural trailer or trailers.]
1. Substituted by GSR 338(E) dt.
26-3-1993.
2. Added by GSR 338(E) dt. 26-3-1993.
1[51. Size
of letters and numerals of the registration mark
1.
Substituted by GSR 338(E) dt.
26-3-1993.
The dimension of letters and figures of the registration mark and the space between different letters and numerals and letters and edge of the plain surface shall be as follows: -
|
S. No. |
Class of vehicle |
Dimensions not less than height, thickness and
space between |
|||
|
1 |
2 |
3 |
4 |
5 |
|
|
1. |
All motor cycles and three wheeled invalid
carriages |
Rear-letters |
35 |
7 |
5 |
|
2. |
All motor cycles and three wheeled invalid
carriages |
Rear-numerals |
40 |
7 |
5 |
|
3. |
Motor cycles engine capacity less than 70cc |
With front
letters & numerals |
15 |
2.5 |
2.5 |
|
4. |
Other motor cycles |
Front-letters & numerals |
30 |
5 |
5 |
|
5. |
Three wheelers of engine capacity not exceeding
500 cc |
Rear and front numerals |
35 |
7 |
5 |
|
6. |
Three wheelers of engine capacity not exceeding
500 cc |
Rear and front numerals |
40 |
7 |
5 |
|
7. |
All other motor vehicles |
Rear and front letters, and numerals |
65 |
10 |
10] |
52. Renewal of certificate of registration
(1) An application by or on behalf of the
owner of a motor vehicle, other than a transport vehicle, for the renewal of a
certificate of registration, shall be made to the registering authority in
whose jurisdiction the vehicle is, in Form 25 not more than sixty days before
the date of its expiry, accompanied by the appropriate fee as specified in rule
81.
(2) On receipt of an application under
sub-rule (1), the registering authority shall refer the vehicle to the
authority referred to in sub-section (1) of section 56 and after obtaining a
certificate of fitness from that authority, renew the certificate of
registration.
PROVIDED that in a case
where the certificate of fitness is granted on a date after the expiry of a
certificate of registration, the renewal shall be made from the date of grant
of the certificate of fitness for a period of five years.
(3) A motor vehicle other than a transport
vehicle shall not be deemed to be validly registered for the purposes of
section 39, after the expiry of the period of validity entered in the
certificate of registration and no such vehicle shall be used in any public
place until its certificate of registration is renewed under sub-rule (2).
53. Issue of duplicate certificate of
registration
(1) If at any time, the certificate of
registration is lost or destroyed the owner shall report to the police station
in the jurisdiction of which the loss or destruction has occurred and intimate
that fact in writing to the registering authority by whom the certificate of
registration was issued.
(2) An application for the issue of a
duplicate certificate of registration shall be made to the original registering
authority in Form 26 and shall be accompanied by the appropriate fee as
specified in rule 81.
54. Assignment of new registration mark
(1) An application for the assignment of a
new registration mark under sub-section (1) of section 47 shall be made in Form
27 and shall be accompanied by a no objection certificate in Form 28 along with
the appropriate fee as specified in rule 81, within a period of thirty days
from the date of expiry of the period specified in the said section:
PROVIDED that where a motor
vehicle is intended to be kept in a state for a period exceeding twelve months
and the owner of such vehicle makes a declaration to that effect, the
application may be made at any time within the said period of twelve months.
(2) On receipt of an application under
sub-rule (l) the registering authority shall, subject to the provision of
section 44, assign to the vehicle the registration mark.
(1) Where the ownership of a motor vehicle
is transferred, the transferor shall report the fact of transfer in Form 29 to
the registering authorities concerned in whose jurisdiction the transferor and
the transferee reside or have their places of business.
(2) An application for the transfer of
ownership of a motor vehicle under sub-clause (i) of clause (a) of sub-section
(1) of section 50 shall be made by the transferee in Form 30, and shall be
accompanied by-
(i) The certificate of registration;
(ii) The certificate of insurance; and
(iii) The appropriate fee as specified in rule
81.
(3) An application for transfer of ownership
of a motor vehicle under sub-clause (ii) of clause (a) of subsection (1) of
section 50 shall be made by the transferee in For 30 and shall, in addition to
the documents and fee referred to in sub-rule (2), b accompanied by one of the
following documents, namely, -
(a) A no-objection certificate granted by
the registering authority under sub-section (3) of section 48; or
(b) An order of the registering authority
refusing to grant the no-objection certificate under sub-section (3) of section
48; or
(c) Where the no-objection certificate or
the order, as the case may be, has no been received, a declaration by the
transferor that he has not received an such communication together with-
(i) The receipt obtained from the
registering authority under sub-section (2) of section 48; or
(ii) The postal acknowledgment received from
the registering authority where the application for no-objection certificate
has been sent by pos
56. Transfer of ownership on death of owner of
the vehicle
(1) Where the owner of a motor vehicle dies,
the person succeeding to the possession of the vehicle may for a period of
three months, use the vehicle as if it ha been transferred to him where such
person has, within thirty days of the death of the owner informs the
registering authority of the occurrence of the death of the owner and of his
own intention to use the vehicle.
(2) The person referred to in sub-rule (l)
shall apply in Form 3l within the period of three months to the said
registering authority for the transfer of ownership of the vehicle in his name,
accompanied by-
(a) The appropriate fee as specified in rule
81
(b) The death certificate in relation to the
registered owner;
(c) The certificate of registration; and
(d) The certificate of insurance.
57. Transfer of ownership of vehicle purchased
in public auction
(1) The person who has acquired or purchased
a motor vehicle at a public auction conducted by or on behalf of the Central
Government or a State Government shall make an application in Form 32 within
thirty days of taking possession of the vehicle to the registering, authority
accompanied by
(a) The appropriate fee as specified in rule
81;
(b) The certificates of registration and
insurance-
(c) The certificate or order confirming the
sale of the vehicle in his favour duty signed by the person authorised to
conduct the auction; and
(d) The certified copy of the order of the
Central Government or State Government authorising the auction of the vehicle.
(2) Where the vehicle auctioned is a vehicle
without any registration mark or with a registration mark which on verification
is found to be false, the registering authority shall, subject to the
provisions of section 44, assign a new registration mark to the vehicle in the
name of the Department of the Central Government or State Government auctioning
the vehicle and thereafter record the entries of transfer of ownership of the
vehicle giving the name and address of the person to whom the vehicle is sold.
(1) An application for the issue of a no-objection
certificate under section 48 in respect of a into or vehicle shall be made in
Form 28 to the registering authority by which the vehicle was previously
registered, accompanied by-
(a) The certified copy of the certificate of
registration;
(b) The certified copy of the certificate of
insurance;
(c) Evidence of payment of motor vehicle tax
up-to-date;
(d) Where no tax is payable for a certain
period a certificate from the tax collecting authority that no tax is due from
the vehicle for the said period.
(2) In the case of a transport vehicle, in
addition to the documents referred to in sub-rule (1), documentary evidence in
respect of the following matters shall also be furnished, namely, -
(a) That the vehicle is not covered by any
permit issued by any transport authority;
(b) That the sum of money agreed upon to be
paid by the holder of the permit under sub-sections (5) and (6) of section 86,
if any, is not pending recovery-
(c) Evidence of payment of tax on passengers
and goods under any law for the time being in force up to the date of
application for a no-objection certificate.
(3) On receipt of an application under
sub-rule (l), the registering authority shall fill Part-III of Form 28 and
return that part to the applicant duly signed.
(4) Where the registering authority grants
or refuses to grant the no-objection certificate, it shall return the duplicate
copy of the said Form to the applicant and the triplicate copy to the other
registering authority after duly filling and signing Part II thereof.
An application for recording a change in the residence in the certificate of registration of a motor vehicle shall be made by the owner of the vehicle in Form, 13 accompanied by the certificate of registration and proof of address in the manner specified in the rule 4 and the appropriate fee as specified in rule 81.
60. Endorsement of hire-purchase agreements,
etc.
An application for making an entry of hire-purchase, lease or hypothecation Agreement in the certificate of registration of a motor vehicle required under sub-section (2) of section 51 shall be made in Form 34 duly signed by the registered owner of the vehicle and the financier and shall be accompanied by the certificate of registration and the appropriate fee as specified in rule 81.
61. Termination of hire-purchase agreements,
etc.
(1) Anapplicationforiiiakinganentryofterminationofagreementofilire-purcilase,
lease or hypothecation referred to in sub-section (3) of section 51 shall be
made in Form 35 duly signed by the registered owner of the vehicle and the
financier, and shall be accompanied by the certificate of registration and the
appropriate fee as specified in rule 81.
(2) The application for the issue of a
fresh, certificate of registration under subsection (5) of section 51 shall be
made in Form 36 and shall be accompanied by a fee as specified in rule 81.
(3) Wlieretheregisteredownerhasrefusedtodeliverthecertificateofregistration
to the financier or has absconded then the registering authority shall issue a
notice to the registered owner of the vehicle in Form 37.
Certificate of Fitness
62. Validity of certificate of fitness
(1) A certificate of fitness in respect of a
transport vehicle granted under section 56 shall be in Form 38 and such certificate
when granted or renewed shall be valid for the period as indicated below :
|
(a) |
New transport vehicle Two years |
Two years |
|
(b) |
Renewal of certificate of fitness in respect of
vehicle mentioned in (a) above 1[*
* *] |
One year |
|
2[(c) |
Renewal of certificate of fitness in respect of
vehicles covered under rule 82 of these rules |
Three years] |
|
(d) |
Fresh registration of imported vehicles |
Same period as in the case of vehicles
manufactured in India having regard to the date of manufacture. |
(2) The fee for the grant or renewal of a
certificate of fitness shall be specified in rule 81.
1. Omitted by GSR 933 (E)dt.28-10-1989.
2.
Inserted by GSR 732(E) dt.
30-9-1994.
63. Regulation and control of authorised
testing station
(1)
No operator of an authorised testing
station shall issue or renewal certificate of fitness to a transport vehicle
under section 56 without a letter of authority in Form 39 granted by the
registering authority.
(2) An application for grant or renewal of a
letter of authority under sub-rule(1) shall be made in Form 40 to the
registering authority having jurisdiction in the area in which the service
station or garage is situated and shall be accompanied by,-
(a) The appropriate fee as specified in rule
81;
(b) A security deposit of 1[rupees one lakh] in such manner as may be
specified by the State Government.
Explanation: For the purposes of this
rule and rules 64 to 72, the registering authority means an officer not below ,
the rank of the regional transport officer of the Motor Vehicles Department
established under section 213.
(3) A registering authority shall, when
considering an application for the grant or renewal of a letter of authority,
have regard to the following matters, namely, -
(a) The applicant or at least one of the members
of the staff employed by him for the inspection of transport vehicles for the
purpose of issue of renewal of certificate of fitness possesses the following
minimum qualifications:
(i) A 2[three
years] diploma in automobile engineering or mechanical engineering or an
equivalent qualification;
(ii) Experience of minimum service of five years in an automobile workshop undertaking repairs of heavy goods vehicles, heavy passenger motor vehicles, medium motor vehicles and light motor vehicles;
(iii) A driving licence to drive motorcycles,
heavy passenger motor vehicles and heavy goods vehicles with a minimum driving
experience of not less than five years;
(iv) Thorough knowledge of the Act and the
Rules made thereunder, especially the Chapters relating to registration of
motor vehicles and construction, equipment and maintenance of motor vehicles;
(b) The premises where the authorised
testing station is to be housed is in either owned by the applicant or is taken
on lease by him or is hired in his name and it his 1[minimum of one acre of land] for
administrative section, reception from and 1[sanitary
block and space for erection] of testing equipments and other apparatus;
(c) Inspection lanes are provided adjacent
to the building in the same compound or at other places approved by the
registering authority;
(d) Testing equipments and apparatus are
installed in such manner that vehicles may pass through with ease and speed;
1[(e) The applicant maintains
in good condition, the equipment and apparatus for undertaking test pertaining
to exhagust gas, smoke emission, brake system, head-lights, wheel alignments,
compressors, speedometers and other like components];
(f) The
financial resources of the applicant are sufficient to provide for its
continued maintenance;
(g) The applicant maintains an up-to-date
copl7 of the Act, these Rules and the concerned State Motor Vehicles Rules.
(4) The registering authority shall also,
when considering an application under this rule, take into consideration the
fact that the setting up of the authorised testing station will improve the
availability of testing facilities in the area both in relation to the number
of vehicles and proximity to such facilities.
(5) The registering authority may, on
receipt of an application under sub-rule(2) and after satisfying himself that
the applicant has complied with the requirements of sub-rules (3) and (4),
grant or renew the letter of authority in Form 39:
PROVIDED that no application
for a letter of authority shall be refused by the registering authority unless
the applicant is given an opportunity of being heard and reasons for Such
refusal are given in writing by the registering authority.
1. Substituted
by GSR 338(E) dt. 26-3-1993.
2. Inserted by GSR 338(E) dt. 26-3-1993.
64. Duration of letter of authority
A letter of authority granted or renewed shall be effective for a period of five years from the date of grant or renewal.
65. General conditions to be observed by the
holder of letter of authority
The holder of a
letter of authority shall-
(a) Maintain a register with a separate page
for each vehicle containing the registration number of the vehicle for which
the certificate of fitness is granted or renewed, the make and model of the
vehicle, the engine number and the chassis number of the vehicle along with the
pencil point of the chassis number, the name and address of the owner of the
vehicle, particulars of any permit of such vehicle, period of validity of
certificate of fitness granted or renewed and the signature of the owner of the
vehicle of his, authorised representative;
(b) Forward the particulars of the transport
vehicles for which certificates of fitness have been granted or renewed and the
period of validity of such certificate, within two days of grant or renewal of
the certificate of fitness, to the authority which his granted the perni4t and
where the transport vehicle is not covered by a permit, to the transport
authority in whose jurisdiction the
vehicle is kept;
(c) Issue to every transport vehicle
satisfying the requirements of section 56, a certificate of fitness in
accordance with the provisions of rule 62;
(d) Not shift the place of business
mentioned in the letter of authority without the prior approval in writing of
the registering authority which granted the letter of authority;
(e) Keep the premises of the testing and the
records and registers maintained by it and all the machinery, equipment and
apparatus in the premises at all reasonable times open for inspection by the
registering authority or any person of the Motor, vehicles Department of the
State Government established under secure, 213 authorised in this behalf by the
registering authority;
(f) Display at a prominent place in its
main office the following:
(i) The letter of authority in original
issued to the authorised testing station by the registering authority;
(ii) The name and address of the person
authorised to issue or renew the certificate of fitness;
(iii) The qualifications of the persons referred
to in clause (a) of sub-rule(3) of rule 63;
(g) Not charge a fee for inspection of a
vehicle for the purpose of issue or renewal of the appropriate certificate of
fitness in excess of the fee specified in rule 81;
(h) Surrender to the Regional Transport
Authority leaving jurisdiction over the area, the register referred to in
clause (a) as soon as entries in all the pages in the register are completed
and in any case not later than two days after such completion.
66. Issue of duplicate letter of authority
(1) If at any time the letter of authority
granted or renewed under sub-rule (51) of rule 63 is lost or destroyed, the
holder of the letter of authority shall report to the police station in the
jurisdiction of which the loss or destruction has occurred and intimate the fact
in writing to the registering authority which granted or renewed the letter of
authority act shall apply for a duplicate.
(2) On receipt of an duplication along with
the appropriate fee as specified in rule the registering authority may issue a
duplicate letter of authority clearly marked “Duplicate”.
(3) If after the issue of a duplicate letter
of authority, the original is traced, the same shall be surrendered forth with
to the registering authority by which it was issued.
67. Supervision of authorised testing stations
The registering authority or any officer of the, Motor Vehicles Department of the State Government duly authorised in this behalf by the registering authority may, at any time, conduct test checks at the premises of the authorised testing station with a view to ensure that the vehicles are properly tested by the authorised testing station.
68. Power of registering authority or
Regional Transport Authority to call for information
The authorised testing station shall submit to the registering authority or the Regional Transport Authority having jurisdiction in the area, such information or returns as may be called for by such authority from time to time.
(1) If the registering authority is
satisfied after giving the holder of a letter of authority an opportunity of
being heard, that he has-
(a) Failed to maintain the equipment,
machinery and apparatus referred to in sub-clause (e) of sub-rule (3) of rule
63 in good condition; or
(b) Failed to comply with the other
requirements laid down in sub-rule (3) of rule 63; or
(c) Failed to observe correct standards of
testing before granting or renewing certificates of fitness as noticed at the
time of test-checking referred to in rule 67 or the frequency of accidents
involving transport vehicles covered by certificates of fitness granted or
renewed by the authorised testing station attributable to any mechanical defect
of the vehicle, it may-
(i) Suspend the letter of authority for a
specified period, or
(ii) Cancel the letter of authority; or
(iii) Order forfeiture of the security deposit
furnished by the authorised testing station.
(2) Where the letter of authority is
suspended or cancelled under sub-rule (l), the holder of the letter of
authority shall, within thirty days of the receipt of the order of forfeiture,
remit to the registering authority the amount ordered to be forfeited so that
the requirement of sub-rule (2) of rule 63 in relation to deposit of security
is complied with.
Any person aggrieved by an order of the registering authority under sub-rule (5) of rule 63 or sub-rule (1) of rule 68, may, within thirty days of the receipt of the order, appeal to the head of the Motor Vehicles Department of the State Government established under section 213.
(1) An appeal under rule 70 shall be
preferred in duplicate in the form of a memorandum, setting forth the grounds
of objections to the order of the registering authority and shall be
accompanied by the appropriate fee as specified in rule 81 and a certified copy
of such order.
(2) The appellate authority may, after
giving an opportunity to the parties to be heard and after such enquiry as it
may deem necessary, pass appropriate orders.
72. Voluntary surrender of letter of authority
(1) The holder of a letter of authority may,
at any time, surrender the letter of authority issued to him, to the
registering authority which has granted the letter of authority and on such
surrender, the registering authority shall cancel the letter of authority forth
with.
(2) On cancellation of the letter of
authority under sub-rule (1), the registering authority shall refund to the
holder of the letter of authority, the amount of security deposit referred to
in sub-rule (2) of rule 63 in full and without any interest.
73. Tax clearance certificate to be submitted
to the testing station
No authorised testing station shall accept an application for the grant or renewal of a certificate of fitness unless the same is accompanied by a tax clearance certificate in such form as may be specified by the State Government, from the Regional Transport Officer or Motor Vehicles Inspector having jurisdiction in the area to the effect that the vehicle is not in arrears of motor vehicle tax or any compounding fee referred to in sub-sections (5) and (6) of section 86.
Registration of Vehicles belonging to the Central Government
Used for Defence Purposes
The authority referred to in
sub-section (1) of section 60 shall assign registration marks to the vehicles
belonging to the Central Government and used for defence purposes in the
following manner, namely, -
A group of figures followed
by a single capital letter, a broad arrow, not more than six figures and a
capital letter or a group of letters.
The registration mark shall be in English letters and Arabic numerals.
State Register of Motor Vehicles
75. State Register of Motor Vehicles
(1) Each State Government shall maintain a
State Register of Motor Vehicles in respect of motor vehicles registered in the
State in Form 41.
(2) Each State Government shall send to the
Director (Transport Research), Ministry of Surface Transport, New Delhi, a
printed copy of the Register referred to in sub-rule (1).
Special Provision for Registration of Motor Vehicles of
Diplomatic Officers, etc.
76. Registration of vehicles of diplomatic
and consular officers
(1) Every application for registration of a
motor vehicle under sub-section (1)of section 42 by or on behalf of any
diplomatic officer or consular officer shall be made in triplicate by the head
of the mission or consular officer in Form 42 and be addressed to the
registering authority through the competent authority accompanied by the
relevant documents and fees referred to in rule 47.
(2) The competent authority shall forward
one copy of the application to the registering authority concerned together
with a statement certifying the status of the person applying for registration
and shall return one copy of the application to the applicant. The third copy of the application may be
retained by the competent authority for record.
(3) The registering authority shall, on
receipt of the application duly endorsed under sub-rule (2), register the
vehicle, subject to the provisions of section 44.
(4) The registering authority shall issue to
the owner of a motor vehicle registered by it under sub-rule (3), a certificate
of registration in Form 43 and shall enter in a register to be kept by it,
particulars of such certificate.
(5) The registering authority shall assign
to the motor vehicle for display there on in the manner specified in rule 77,
the registration mark in accordance with sub-rule (6) or sub-rule (7), as the
case may be.
(6) A motor vehicle belonging to a
diplomatic mission or to a consular post in Delhi or to any of its diplomatic
or consular officers shall be assigned a registration mark consisting of the
letters “CD” preceded by the number allotted to the mission or post by the
Ministry of External Affairs of the Government of India and followed by a
number allotted to the vehicle by the registering authority in the following
manner, namely, -
(i) An official vehicle meant for the use
of the head of a mission or post shall be allotted the number “I”;
(ii) Personal vehicles of the head of the
mission or post shall be allotted the number “1”, followed consecutively, in
alphabetical order, by a letter beginning with the letter ‘A”, -
(iii) Official vehicles, other than those
referred to in clause (i), shall be allotted consecutive numbers beginning with
the number ‘2”;
(iv) Vehicles belonging to other officers of
the mission or post shall be allotted numbers in consecutive order after the
last number allotted under clause (iii);
(v) Vehicles acquired by a mission or post,
or by its diplomatic or consular officer, other than heads of missions or
posts, shall be allotted numbers in consecutive order after the last number
allotted under clause (iv) irrespective of whether such vehicle is for official
or personal use of the mission or post or any of its officers;
(vi) A number allotted to a vehicle under any
of the clauses (i) to (iv), which is lying unutilised due to sale or export of
such vehicle or cancellation of its number may be allotted to another vehicle
under the same clause in respect of which an application has been made under
sub-rule (1).
(7) A motor vehicle belonging to a consular
post outside Delhi or to any of its officers shall be assigned a registration
mark consisting of the letters “CC” preceded by the number of the post allotted
to it by the Ministry of External Affairs of the Government of India and
followed by a number, allotted to the vehicle by the registering authority out
of a block of numbers allotted for that post in the following manner, namely,-
(i) An official vehicle meant for the use
of the head of a consular post shall be allotted the first number from the
block of numbers allotted to that post;
(ii) Personal vehicles of the Consul-General
shall be allotted the number referred to in clause (i), followed consecutively
in alphabetical order by a letter beginning with the letter “A”;
(iii) Official vehicles other than those
referred to in clause (i), shall be allotted consecutive numbers beginning with
the second number from the block of numbers allotted to the post;
(iv) Vehicles belonging to other officers of
the post shall be allotted numbers in consecutive order after the last number
allotted under clause (iii);
(v) Vehicles acquired by a post, or by its
consular officers, other than the head of the post shall be allotted numbers in
consecutive order after the last number allotted under clause (iv) irrespective
of whether such vehicle is for official or personal use of the post or any of
its officers;
(vi) A number allotted to a vehicle under any
of the clauses (i) to (v), which is lying unutilised due to sale or export of
such vehicle or cancellation of its number, may be allotted to another vehicle
under the same clause in respect of which an application has been made under
sub-rule (i).
Explanation: For the purposes of this
rule and rules 77, 78 and 79, “competent authority” means: -
(i) In relation to a diplomatic officer or
a consular officer who has his residence in Delhi, the Secretary to the
Government of India in the Ministry of External Affairs (Protocol Division);
and
(ii) In relation to a diplomatic officer or a
consular officer who has his residence at any other peace, the Chief Secretary
to the State Government.
The provisions of rules 76 to 80 shall apply to the motor vehicles of diplomatic officers of the organisations notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947) as they apply to a diplomatic officer or consular officer with the notification that in rule 76, -
(a) In sub-rule (6), for the letters “CD”,
the letters “UN” shall be substituted; and
(b) In sub-rule (7), for the letters “CC”,
the letters “UN” shall be substituted.]
1. Inserted
by GSR 644(E), dt. 25-9-1995.
77. Exhibition of registration mark
(1) The registration mark assigned under
sub-rules (5) to (7) of rule 76 shall be clearly exhibited in reflecting colour both at the front and rear of the
vehicle on the plain surface of a plate or part of the vehicle and the size of
which shall be 41 centimetres by 14 centimetres-
(i) With deep blue background, the
registration mark and the number being in white in the case of motor vehicles
referred to in sub-rule (6) of rule 76;
(ii) With yellow background, the registration
mark and the number being, in black, in the case of motor vehicles referred to
in sub-rule (7) of rule 76.
(2) The registration mark shall be in
English letters and Arabic numerals and-
(i) Save in the case of a motorcycle or an
invalid carriage, the letters shall be not less than 6 centimetres high and 2
centimetres thick at any part, the numerals shall be not less than 9
centimetres high and 2 centimetres thick at any part, and there shall be a
space between any letter and any numeral and between any letter or any numeral
and the edge of the plain surface of not less than 1 centimetre and a space
between any two letters and between any two numerals of not less than 1
centimetre; and
(ii) In the case of a motorcycle or an
invalid carriage, the dimensions of the letters and figures shall not be less
than two-thirds of those specified in clause (i).
(3) The plain surface referred to in
sub-rule (2) shall not be inclined from the vertical by more than thirty
degrees. The letters and numerals shall be exhibited as follows:
(i) In the case of a transport vehicle, the
registration mark shall be exhibited in two separate horizontal lines, the
number allotted to the mission or post and the letters forming the first line
followed by the number allotted by the registering authority in the second
line; and
(ii) In all other cases, the registration
mark may exhibit the letters and numerals either in two horizontal lines as
aforesaid or in one horizontal line.
(4) Notwithstanding anything contained in
sub-rule (1), the registration mark exhibited at the front of a motorcycle or
an invalid carriage may be displayed on a plate in line with the axis of the
vehicle and shall, in such a case, be displayed on both sides of the plate.
(5) In the case of a trailer, -
(i) The registration mark shall be
exhibited on a plate or surface on the left hand side of the trailer, the
dimensions of the letters and figures being not less than two-thirds of the
dimensions specified in sub-rule (2);
(ii) The registration mark of the drawing
motor vehicle to be affixed to the rear of the trailer shall be in conformity
with the provisions of these rules relating to the registration mark affixed to
the rear of the motor vehicle.
(6) The registration mark shall also be
painted on the right and left side of the body of a transport vehicle.
78. Assignment
of new registration mark on removal of vehicle to another State
(1) Every application for assignment of new
registration mark on removal to another State under sub-section (1) of section
47 by or on behalf of a diplomatic officer or consular officer shall be made in
triplicate in Form 44 and shall be addressed to the registering authority
through the competent authority accompanied by the relevant documents and fees
referred to in rule 54.
(2) The provisions of sub-rules (2) to (7)
of rule 76 shall apply to an application made under sub-rule (1) as they apply
to an application made under sub-rule (1) of rule 76.
79. Suspension and cancellation of
registration of vehicle registered under rule76
If under the provisions of section 53, section 54 or section 55 the registration of a motor vehicle made in accordance with rule 76 is suspended or cancelled, then a copy of the order of suspension or cancellation shall be sent to the competent authority in addition to each of the authorities or persons to whom a copy has to be sent under the said sections.
80. Transfer or disposal of motor vehicle
registered under rule76
(1) Where an motor vehicle registered in
accordance with rule 76 is transferred by may of sale or other wise, the
transfer or shall, within fourteen days, report the fact of the transfer along
with the full name and address of the person to whom the vehicle is transferred
to the registering authority within whose jurisdiction the transfer is effected
and shall simultaneously send copies of the said report to, -
(a) The transferee;
(b) The competent authority,
(c) The Collector of Customs of the port of
importation of the vehicle and where it is not possible to locate the port of
importation, to the Collector of Central Excise and Customs nearest to the
headquarters of the transferee; and
(d) The original registering authority in
whose records the registration of the vehicle is recorded, if the transfer is
effected in the jurisdiction of another registering authority;
And shall also surrender the number plate in respect of the vehicle to the registering authority in whose records the registration of the vehicle is recorded, when the transfer is to a person other than a diplomatic officer or a consular officer.
(2) Where the transferee is a diplomatic
officer or a consular officer, an application by him or on his behalf shall be
made to the registering authority for registration of the vehicle in accordance
with the provisions of rule 76.
Fees
The fee which shall be charged under the provisions of this Chapter shall be as specified in the table below:
TABLE
|
S. No |
Purpose |
Amount |
Rule |
Section |
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1. |
Grant and renewal of trade certificate in respect
of each vehicle Motorcycle Invalid carriage Others |
Twenty-five rupees Twenty-five rupees One hundred rupees |
34(l) |
|
|
2. |
Duplicate trade certificate Motorcycle Invalid carriage Others |
Fifteen rupees Fifteen rupees Fifty rupees |
38(l) |
|
|
3. |
Appeal under rule 46 |
Fifty rupees |
46(l) |
|
|
4. |
Issue, renewal of certificates of registration and
assignment of new registration mark: Invalid carriage Motorcycle Light motor vehicle Medium goods vehicle Medium passenger motor vehicle Heavy goods vehicle Heavy passenger motor vehicle Imported motor vehicle Imported motor cycle Any other vehicle not mentioned above |
Ten rupees Thirty rupees One hundred rupees Two hundred rupees Two hundred rupees Three hundred rupees Three hundred
rupees Four hundred rupees One hundred rupees One hundred and fifty rupees |
47 (1) 52 (1) 54(1) 76(1)& 78(l) |
|
|
5. |
Issue of duplicate certificate of registration |
Half of the fee mentioned in serial number 4 |
53(2) |
|
|
6. |
Transfer of ownership |
Half of the fee mentioned in serial number 4 |
55(2)(iii), 55(3), 56(2)(a) &57(l)(a) |
|
|
7. |
Change of residence |
Ten rupees |
59 |
|
|
8. |
Recording alteration in the certificate of registration |
Twenty-five rupees |
|
52(4) |
|
9. |
Endorsing
hire- purchase/lease/hypothecation
agreement |
Fifty rupees |
60 |
|
|
10. |
Cancellation
of hire-purchase/lease/hypothecation agreement or issue of fresh certificate
of registration |
Fifty rupees |
61(l),61(2) |
|
|
11. |
*[Grant and renewal of
certificate of fitness: Light motor
vehicles Medium goods
vehicle/ passenger motor vehicle Heavy goods
vehicle/heavy passenger motor vehicle |
Fifty rupees One hundred rupees One hundred and fifty rupees] |
62(2) |
|
|
12. |
Grant and
renewal of letter of authority |
Five thousand rupees |
63(2)(a) |
|
|
13. |
Issue of
duplicate letter of authority |
Fifty rupees |
66(2) |
|
|
14. |
Appeal under
rule 70 |
Two hundred rupees |
71(l) |
|
|
|
|
|
|
|
* Substituted by GSR 933(E) dt.
28-10-1989, Gazette of India Extra. No.
566, Part II, s. 3(ii)
CHAPTER IV
CONTROL OF
TRANSPORT VEHICLES
Tourist Permits
(1) An application for the grant of permit
in respect of a tourist vehicle (hereinafter referred to in these rules as a
tourist permit) shall be made in Form 45 to the State Transport Authority.
(2) 1[*
* *]
2[3[ (a)] A tourist permit shall be deemed to be
invalid from the date on which the motor vehicle covered by the permit
completes 9 years in the case of a motor cab and 8 years where the motor
vehicle is other than a motor cab, unless the motor vehicle is replaced];
3[(b)] Where a vehicle
covered by a tourist permit is proposed to be replaced by another, the latter
vehicle shall not be more than two years old on the date of such replacement.
Explanation
: For the purposes of this sub-rule, the period of 2[9
years or 8 years] shall be computed from the date of initial registration of
the motor vehicle.
1. Omitted
by CSR 338(E) dt. 26-3-1993.
2. Substituted by CSR 338(E) dt.
26-3-1993.
3 Renumbered
by CSR 338(E) dt. 26-3-1993.
(1) An application for the grant of authorisation
for a tourist permit shall be made in Form 46 and shall be accompanied by a fee
of Rs. 500 per annum in the form of a bank draft.
(2) Every authorisation shall be granted in
Form 47subject to the payment of taxes or fees, if any, levied by the concerned
States.
1[(2a) The authority which grants the authorisation shall in form the
State Transport Authorities concerned the registration number of the motor
vehicle, the name and address of the permit holder and the period for which the
said authorisation is valid:
PROVIDED that where the
permit holder undertakes to pay the tax direct to the concerned State Transport
Authority at the time of entry in his jurisdiction, the authorisation shall
expressly state that it has been issued subject to payment of taxes to the
concerned State Transport Authority].
(3) The period of validity of an
authorisation shall not exceed one year at a time 2[* * *].
1. Inserted by GSR 338(E) dt. 26-3-1993.
2. Omitted
by GSR 933(E) dt. 28-10-1989.
No tourist permit shall be deemed to confer the right of operation in any State not included in the authorisation referred to in rule 83 nor shall it exempt the owner of a vehicle from the payment of tax or fee, if any, leviable in any State.
85. Additional conditions of tourist permit
The following shall be the
additional conditions of every tourist permit granted to tourist vehicle other than a motor cab under
sub-section (9) of section 88, namely,-
(1) The permit holder shall cause to be
prepared in respect of each trip a list in triplicate of tourist passengers to
be carried in the vehicle, 1[*
* *] giving full particulars as under: -
(a) Name of the passenger,
(b) Address of the passenger,
(c) Age of the passenger,
(d) Starting point and the point of
destination.
2[(2) One copy of the list
referred to in sub-rule (1) shall be carried in the tourist vehicle and shall
be produced on demand by the officers authorised to demand production of
documents by or under the provisions of the Act and the Rules, and the second
copy shall be preserved by the permit holder.]
(3) The tourist vehicle shall either
commence its journey, or end its journey, circular or otherwise, in the home
State, subject to the condition that the vehicle shall not remain outside the
home State for a period of more than 1[three
months]. The permit holder shall see
that every return of the tourist vehicle to the home State is reported to the
authority which issued the permit:
PROVIDED that where the
contracted journey ends outside the home State, the vehicle shall not be
offered for hire within that State or from that State to any other State except
for the return journey to any point in the home State.
(4) The tourist vehicle may operate circular
tours of places lying exclusively in the home State or in the home State and
outside the State if such circular tours are in the list approved by the
Tourist Department of the home State to visit places of tourist, historical or
religious importance and the tour is duly advertised beforehand.
(5) The permit holder or his authorised
agent shall issue a receipt to the hirer
the counterfoil of the same shall be kept available with him and
produced on demand to the officers empowered to demand documents by or under
the Act.
(6) The tourist vehicles shall be painted in
white colour with a blue ribbon of five
centimetres width at the Centre of the exterior of the body and the word
“Tourist” shall be inserted on two sides of the vehicle within a circle of
sixty centimetres diameter.
(8) The permit holder shall display in the
front to of the tourist vehicle a board in yellow with letters in black with
the inscription “Tourist permit valid in the State(s) of...........in English
and Hindi and also, if he so prefers, in the regional language of the home
State.
(9) The permit holder shall not operate the
tourist vehicle as a stage carriage.
(10) The permit holder shall maintain i
day-to-day logbook indicating the name and address of the permit holder and the
registration mark of the vehicle, name and address of the driver with the
particulars of his driving licence and the starting and destination points of
the journey with the time of departure and arrival and the name and address of
the hirer.
(11) The permit holder shall furnish once in every
3 months the information contained in condition (10) to the State Transport
Authority which granted the permit and the logbook shall be preserved for a
period of 3 years and shall be made available to the said authority on demand
along with the records referred to in conditions (2) and (4)-
Explanation: In this rule, “home State”
means the State which has granted the permit under sub-section (9) of section
88.
1. Omitted
by GSR 933(E) dt. 28-10-1989.
2. Substituted
by GSR 338(E) dt. 26-3-1993.
85B. Additional
conditions of every tourist permit in respect of motor cabs
(1) The words “tourist vehicle” shall be painted on both the sides of the vehicle within a circle of twenty-five centimetres diameter.
(2) A board the inscription “Tourist permit
valid in the State(s) of...…..” in black letters in yellow background shall be
displayed in the front of the vehicle above the registration number plates.
National Permits
86. Application for national permit
An application
for the grant of a national permit shall be made in Form 48 to the authority
referred to in section 69.
87. Form, contents and duration of
authorisation
(1) An application for the grant of an
authorisation for a national permit shall be made in Form 46 and shall be
accompanied by a fee of Rs. 500 per annual in the form of a bank draft.
(2) Every authorisation shall be granted in
Form 47 subject to the payment of the taxes or fees, if any, levied by the
concerned States.
1[(2-A) The authority which grants the authorisation shall in form the
State Transport Authorities concerned the registration number of the motor
vehicle, the name and address of the permit holder and the period for which the
said authorised is valid.]
(3) The period of validity of an
authorisation shall not exceed one year at a time 2[* * *]
1. Inserted by GSR 799(E) dt. 30-12-1993.
2. Omitted by GSR 933(E) dt. 28-10-1989.
1[88. Age
of motor vehicle for the purpose of national permit
(1) No
national permit shall be granted in respect of a goods carriage, other than
multi-axle vehicle, which is more than 2[12] years old at any point of time.
(2) No national permit shall be granted for
a multi-axle goods carriage which is more than 15 years old at any point of
time.
(3) A national permit shill be deemed to be
invalid from the date on which a goods carriage covered by the permit completes
15 years in case of a multi-axle goods carriage and 2[12] years where the vehicle is other than
a multi-axle goods carriage, unless such goods carriage is replaced.
Explanation: For the purposes of this
rule, the period of 2[12]
years or 15 years, as the case may be, shall be computed from the date of
initial registration of the motor vehicle covered under its permit or the prime
mover in case of an articulated vehicle].
1. Substituted by GSR 338(E) dt.
26-3-1993.
2. Substituted by GSR 799(E) dt.
30-12-1993.
89. Quarterly return to be filed by a
national permit holder
A national permit holder shall file quarterly a return in Form 49 in respect of a motor vehicle covered by the national permit to the authority which granted the national permit.
90. Additional conditions for national permit
The national permit issued under subsection (12) of section 88 shall be subject to the following additional conditions, namely,-
(1) The vehicle plying under a national
permit shall be painted in dry leaf brown colour with thirty centimetres broad
white borders and the words “National permit” shall be inscribed on both sides
of the vehicle in bold letters within a circle of sixty centimetres diameter:
PROVIDED that the body of a
tanker carrying dangerous or hazardous goods shall be painted in white colour
with a dry leaf brown ribbon of 5 centimetres width around in the middle at the
exterior and that of the driver’s cabin in orange colour.
(2) A board with the in scription “National
permit valid in the State (s) of......... with blue letters on white background
shall be carried in front top of such vehicle.
(3) No such vehicle shall carry any goods
without a bill of lading in Form 50.
(4) The vehicle shall have a minimum of two
drivers and shall be provided with a seat across its full width behind the
driver’s seat providing facility for the spare driver to stretch himself and
sleep:
1[PROVIDED that this sub-rule
shall apply to light motor vehicle and medium goods vehicles only from a date
to be notified by the Central Government].
(5) The vehicle shall at all times carry the
following documents and shall be produced on demand by an officer empowered to
demand documents by or under the Act, namely, -
(i) Certificate of fitness,
(ii) Certificate of insurance
(iii) Certificate of registration,
(iv) National permit,
(v) Taxation certificate,
(vi) Authorisation.
(6) The vehicle shall be subject to all
local rules or restrictions imposed by a State Government.
(7) The vehicle shall not pick up or set
down goods between two points situated in the same State 2[other than the home State].
1. Added
by GSR 338(E) dt. 26-3-1993.
2. Inserted
by GSR 933(E) dt. 28-10-1989.
CHAPTER V
CONSTRUCTION,
EQUIPMENT AND MAINTENANCE
OF MOTOR
VEHICLES
Preliminary
In this
Chapter, unless the context otherwise requires,-
(a) “Class label”, in relation to any
dangerous or hazardous goods, means the class label specified in column 3 of
the Table to rule 137;
(b) “Consignor”, in relation to dangerous of
hazardous goods intended for transportation by a goods carriage, means the
owner of such dangerous or hazardous goods;
(c) “Dangerous or hazardous goods”, means
the goods of dangerous or hazardous nature to human life specified in Tables I,
II and III to rule 137;
(d) “Emergency information panel”, means the
panel specified in rule 134;
(e) “Primary risk”, in relation to any
dangerous or hazardous goods, means the most potent risk which such goods give
rise to;
(f) “Subsidiary risk”, in relation to any
dangerous or hazardous goods, means the subsidiary risk which such goods are
likely to give rise to in addition to the primary risk.
(1) No person shall use or cause or allow to
be used in any public place any motor vehicle which does not comply with the
provisions of this Chapter.
1[PROVIDED that nothing
contained in this rule shall apply to vehicles manufactured prior to the coming
into force of the Central Motor Vehicles (Amendment) Rules, 19931.
(2) Nothing in this rule shall apply to a
motor vehicle-
(a) Which has been damaged in an accident o
to a vehicle stopped or impeded owing to shortage of fuel or other temporary
defects while at the place at which the accident or defect occurred, -
(b) Which
is defective or damaged and is being removed to the nearest place of repair or
disposal; or
(c) Which is more than fifty years old from
the date of its registration and is being driven for taking part in a vintage
car rally:
PROVIDED that where a motor
vehicle can no longer remain under the effective control of the person driving
the same shall not be used in a public place except by towing.
1. Inserted by GSR 338(E) dt. 26-3-1993.
Overall Dimension
93. Overall dimension of motor vehicles
(1) The overall width of a motor vehicle,
measured at right angles to the axis of the motor vehicle between perpendicular
planes enclosing the extreme points, shall not exceed
(i) In the case of a motor vehicle, other
than a transport vehicle, 2.5 metres;
(ii) In the case of a transport vehicle, 2.7
metres.
Explanation: For purposes of this rule,
a rear-view minor, or guard rail or a direction indicator (when in operation)
shall not be taken into consideration in measuring the overall width of a motor
vehicle.
(2) The overall length of a motor vehicle,
other than a trailer, shall not exceed, -
(i) In the case of motor vehicle other than
a transport vehicle having not more than two axles, 9.5 metres;
(ii) In the case of a transport vehicle with
rigid frame having two or more axles, 11.25 metres;
(iii) In the case of an articulated vehicle
having more than two axles, 16 metres;
(iv) In the case of truck trailer or tractor
trailer combinations, 18 metres.
(3) In the case of an articulated vehicle or a tractor trailer combination specially constructed and used for the conveyance of individual load of exceptional length, -
(i) If all the wheels of the vehicle are
fitted with pneumatic tyres, or
(ii) If all the wheels of the vehicle are not
fitted with pneumatic tyres, so long as the vehicle is not driven at a speed
exceeding twenty-five kilometres per hour, the overall length shall not exceed
18 metres.
Explanation: For the purposes of this
rule “overall length” means the length of the vehicle measured between parallel
planes passing through the extreme projection points of the vehicle exclusive
of-
(i) A starting handle;
(ii) Any hood when down;
(iii) Any fire-escape fixed to a vehicle;
(iv) Any post office letter-box, the length of
which measured parallel to the axis of the vehicle, does not exceed 30
centimetres;
(v) Any ladder used for loading or unloading
from the roof of the vehicle or any tail or indicator lamp or number plate
fixed to a vehicle;
(vi) Any spare wheel or spare wheel bracket or
bumper fitted to a vehicle;
(vii) Any towing hook or other fitment which
does not project beyond any fitment covered by clauses (iii) to (vi).
(4) The over all height of a motor vehicle
measured from the surface on which the vehicle rests, -
(i) In the case of a vehicle other than a
double-decked motor vehicle, shall not exceed 3.8 metres;
(ii) In the case of a double-decked motor
vehicle, shall not exceed 4.75 metres;
(iii) In the case of a laden trailer carrying
ISO series 1 Freight Container, shall not exceed 4.2 metres:
PROVIDED that the provisions
of clauses (i) to (iii) shall not apply to fire-escape tower wagons and other
special purpose vehicles exempted by general or special order of registering
authority.
(5) The overhang of a tractor shall not
exceed 1.85 metres.
1[(6) The overhang of the motor
vehicle other than a tractor shall not exceed 60% of the wheel base.
Explanation II: For the purposes of this
rule “wheel base” means, -
(a) In the case of vehicles with only two
axles, the distance measured horizontally and parallel to the longitudinal axis
of the vehicle, between the centre points of the front axle and rear axle;
(b) In case of a vehicle only three axle,
and the front axle is only the steered axle, the distance measured horizontally
and parallel to longitudinal axis of the vehicle between the centre of the
front axle and centre point between the two rear axles;]
2[Explanation: - For the purposes of this
rule, “overhang” means the distance measured horizontally and parallel to the
longitudinal axis of the vehicle between two vertical planes at right angles to
such axis passing through the two points specified hereunder:
(A) The rearmost point of he vehicle
exclusive of-
(i) Any hood when down;
(ii) Any post office letter-box, the length
of which measures parallel to the longitudinal axis of the vehicle, does not
exceed thirty centimetres;
(iii) Any ladder forming part of a turn-table
fire-escape fixed to a vehicle;
(iv) Any ladder used when the vehicle is it
rest for loading or unloading from the roof of the vehicle, or any tail lamp or
number plate fixed to a vehicle;
(v) Any spare wheel or spare wheel bracket
fitted to a vehicle;
(vi) Any luggage carrier fitted to a motor
vehicle constructed solely for carriage of passengers and their effects and
adapted to carry not more than seven passengers exclusive of the driver;
(vii) Any towing hook or other fitment which does
not project beyond any fitment mentioned in clauses (ii) to (vi);
3[(Viii) Any mounted implement on a 3 point linkage of a tractor]:
PROVIDED that in the case of
a stage carriage:
(a) The projection of any bumper or
advertisement panel fitted at the rear of the vehicle shall not exceed fifteen
centimetres;
(b) The projection in respect of an
advertisement panel shall not be such as to obstruct either the vision from the
rear view mirror or project through the emergency exist at the rear or both;
(B) (i) In
the case of a vehicle having only two axles, one of which is not a steering
axle, the centre point of that axle; or
(ii) In the case of a vehicle having only
three axles and the front axle is the only steering axle; 4[the centre point of the rearmost axle];
(iii) In the case of the any vehicle registered
in India before the commencement of these rules it shall suffice if the
overhang does not exceed 7/24ths of the overall length of the vehicle;
(iv) In the case of a motor vehicle having
only three axles where two front axles are steering axles, the centre point of
the rearmost axle;
(v) In the case of a motor vehicle having
four axles, where two front axles are steering axles, a point 102 millimeters
in rear of the centre of a straight line joining the centre points of the
rearmost two axles;
(vi) In any other case a point situated on the
on longitudinal axis of the vehicle such that a line drawn from it at right
angle to that axis will pass through the centre of the minimum turning circle
of the vehicle.
5[(7)] No part of the vehicle
other than a direction indicator, when in operation, or a driving mirror, shall
project laterally more than 355 millimeters beyond the centre line of the rear
wheels, in the case of single rear wheels, or more than 152 millimeters beyond
the extreme outer edge of the outer tyres, in the case of dual rear wheels:
6[PROVIDED that in case of
agricultural tractors lateral projection up to 700 millimeters beyond the
central line of the rear wheel shall be permitted]:
PROVIDED that the State
Government or any authority authorised in this behalf by the State Government,
if it is satisfied that it is necessary because of the nature of any road or
bridge or in the interest of public safety, may prohibit or restrict the
operation of a motor vehicle in a specified route or area unless such vehicle
complies with the requirements specified by the State Government for such route
or area.
5[ (8)] No motor vehicle shall
be loaded in such a manner that the load or any part thereof extends,-
(i) Laterally beyond the side of the body;
(ii) To the front beyond the foremost part
of the load body of the vehicle;
(iii) To the rear beyond the rearmost part of
the vehicle;
(iv) To a height beyond the limits specified
in sub-rule (4):
PROVIDED that clause (iii)
shall not apply to a goods carriage when loaded with -my pole or rod or
indivisible load so long as the projecting part or parts do not exceed the
distance of one metre beyond the rearmost point of the motor vehicle.
1.
Substituted by GSR 338(E) dt.
26-3-1993.
2. Renumbered by GSR 338(E) dt. 26-3-1993.
3.
Inserted by GSR 338(E) dt,
26-3-1993.
4. Substituted
by GSR 338(E) dt. 26-3-1993.
5. Renumbered by GSR 338(E) dt. 26-3-1993.
6 Added
by GSR 338(E) dt. 26-3-1993.
SIZE NATURE AND
CONDITION OF TYPES
(1) Every Motor vehicle, other than a
road-roller or a track laying vehicle, shall be fitted with pneumatic tyres.
(2) The pneumatic tyres of a motor vehicle
shall be kept properly inflated and in good and sound condition.
(3) For the Purposes of sub-rule (2), a
tyres shall not be deemed to be Of good and sound condition if-
(i) Any of the fabric Of its casing is
exposed by wear of the tread or by any unvulcanised cut or abrasion in any of
its parts; or
(ii) It shows signs of incipient failure by
local deformation or swelling; or
(iii) It has been patched or repaired by an
outside gaiter or patch other than a vulcanised repair:
PROVIDED that the
requirement specified in clause (iii) shall not apply to a temporary repair
effected to enable the vehicle to be moved to the nearest place where the tyres
can be repaired or replaced:
PROVIDED FURTHER that where
a motor vehicle, other than road roller or track laying vehicle, is not fitted
with pneumatic tyres, it shall not be used in a public place unless it is
fitted with shoes or other suitable device so that plying of such vehicle does
not damage the road.
95. Size and ply rating of tyres
The size of tyres of a motor vehicle specified in column, (1) of the Table below shall have a ply rating specified in the corresponding entry in column (2) of the said Table in respect of a maximum, weight permitted to be carried by 1[such tyres specified in the corresponding entry in column (3) thereof.
1[TABLE
|
Size |
Ply rating specified by
the manufacture |
Maximum weight permitted
to carry Single(Kgs) Dual (Kgs) |
|
|
(1) |
(2) |
(3) |
(4) |
|
4.50 x 12 ULT |
6 |
355 |
340 |
|
4.50 x 12 ULT |
8 |
415 |
395 |
|
6.00 x 16 |
6 |
710 |
620 |
|
6.00 x 16 |
8 |
835 |
730 |
|
6.50 x 16 |
6 |
795 |
705 |
|
6.50 x 16 |
8 |
935 |
825 |
|
6.70 x 15 |
6 |
760 |
670 |
|
6.70 x 15 |
8 |
895 |
790 |
|
7.00 x 15 |
6 |
850 |
750 |
|
7.00 x 15 |
8 |
1010 |
890 |
|
7.00 x 15 |
10 |
1145 |
1010 |
|
7.00 x 15 |
12 |
1280 |
1125 |
|
7.00 x 16 |
6 |
890 |
780 |
|
7.00 x 16 |
8 |
1050 |
925 |
|
7.00 x 16 |
10 |
1200 |
1030 |
|
7.00 x 16 |
12 |
1325 |
1160 |
|
7.50 x 16 |
8 |
1205 |
1055 |
|
7.50 x 16 |
10 |
1375 |
1205 |
|
7.50 x 16 |
12 |
1530 |
1350 |
|
7.50 x 16 |
14 |
1630 |
1435 |
|
F-78-15-LT |
4 |
675 |
N.A. |
|
F-78-15 |
6 |
775 |
N.A. |
|
F-78-15-LT |
8 |
890 |
N.A. |
|
LT 215 8OD-14 |
6 |
870 |
795 |
|
LT 215 8OD-14 |
8 |
1035 |
955 |
|
LT 215 8OD-14 |
10 |
1190 |
1090 |
|
LT 215 8OR-14 |
- |
1190 |
1090 |
|
LT 195 8OD-15 |
6 |
790 |
N. A. |
|
LT 195 8OD-15 |
8 |
925 |
N.A. |
|
7.00 x 20 |
10 |
1660 |
1450 |
|
7.50 x 20 |
10 |
1855 |
1630 |
|
7.50 x 20 |
12 |
2060 |
1805 |
|
8.25 x 20 |
12 |
2365 |
2075 |
|
8.25 x 20 |
14 |
2585 |
2275 |
|
9.00 x 20 |
12 |
2710 |
2380 |
|
9.00 x 20 |
14 |
2960 |
2615 |
|
9.00 x 20 |
16 |
3075 |
2695 |
|
10.00 x 20 |
14 |
3180 |
2790 |
|
10.00 x 20 |
16 |
3480 |
3050 |
|
10.00 x 20 |
18 |
3575 |
3130 |
|
11.00 x 20 |
14 |
3470 |
3040 |
|
11.00 x 20 |
16 |
85 |
3325 |
|
11.00 x 24 |
14 |
10 |
3435 |
|
12.00 x 20 |
14 |
80 |
3230 |
|
12.00 x 20 |
16 |
4070 |
3575 |
|
12.90 x20 |
11 |
4320 |
3780 |
|
14.00 x 20 |
20 |
5320 |
4665 |
|
14.00 x 20 |
22 |
5765 |
5060 |
|
4.50 x 12 |
6 |
255 |
Not applicable |
|
4.50 x 17 |
6 |
395 |
“ |
|
5.00/5.25 x 16 |
6 |
405 |
“ |
|
5.20 x 10 |
6 |
275 |
“ |
|
5.20 x 12 |
6 |
310 |
“ |
|
5.20 x 13 |
6 |
335 |
“ |
|
5.20 x 14 |
6 |
375 |
“ |
|
5.20 x 14 |
4 |
315 |
“ |
|
5.60 x 13 |
4 |
330 |
“ |
|
5.60 x 13 |
6 |
305 |
“ |
|
5.60 x 14 |
6 |
405 |
“ |
|
5.60 x 15 |
6 |
425 |
“ |
|
5.65 x 12 |
4 |
250 |
“ |
|
5.65 x 12 |
6 |
275 |
“ |
|
5.75/6.00 x 16 |
6 |
545 |
“ |
|
5.90 x 13 |
6 |
425 |
“ |
|
5.90 x 14 |
6 |
440 |
“ |
|
5.90 x 15 |
6 |
460 |
“ |
|
6.15 x 13 |
4 |
340 |
“ |
|
6.15 x 13 |
6 |
385 |
“ |
|
6.40 x 13 |
6 |
465 |
Not applicable |
|
6.40 x 15 |
6 |
520 |
“ |
|
6.40 x 15 |
8 |
610 |
“ |
|
6.50/6.70 x 16 |
6 |
545 |
“ |
|
6.70 x 13 |
4 |
455 |
“ |
|
6.70 x 13 |
6 |
515 |
“ |
|
6.70 x 15 |
6 |
560 |
“ |
|
6.95 x 14 |
6 |
515 |
“ |
|
7.00 x 13 |
6 |
510 |
“ |
|
7.00 x 14 |
6 |
545 |
“ |
|
7.25 x 13 |
6 |
545 |
“ |
|
7.50 x 14 |
6 |
600 |
“ |
|
7.60 x 15 |
6 |
650 |
“ |
|
7.60/7.00 x 15 |
6 |
650 |
“ |
|
7.75 x 14 |
6 |
600 |
“ |
|
145/70 R 12 |
|
325 |
“ |
|
145/70 R 13 |
|
345 |
“ |
|
155/70 R 13 |
|
387 |
“ |
|
165/70 R 13 |
|
437 |
“ |
|
145/70 R 14 |
|
365 |
“ |
|
155/70 R 14 |
|
405 |
“ |
|
165/70 R 14 |
|
465 |
“ |
|
195/70 R 15 |
|
630 |
“ |
|
145/80 R 10 |
|
315 |
“ |
|
145/80 R 12 |
|
355 |
“ |
|
155/80 R 12 |
|
400 |
“ |
|
145/80 R 13 |
|
375 |
“ |
|
155/80 R 13 |
|
425 |
“ |
|
165/80 R 13 |
|
475 |
“ |
|
175/80 R 13 |
|
530 |
“ |
|
145/80 R 14 |
|
410 |
“ |
|
155/80 R 14 |
|
450 |
“ |
|
165/80 R 14 |
|
500 |
Not applicable |
|
175/80 R 14 |
|
560 |
“ |
|
165/80 R 15 |
|
530 |
“ |
|
195/80 R 15 |
|
630 |
“ |
|
3.50 x 10 |
6 |
375 |
“ |
|
4.00 x 8 |
4 |
340 |
“ |
|
4.00 x 8 |
6 |
400 |
“ |
|
4.00 x 10 |
4 |
370 |
“ |
|
4.00 x 10 |
6 |
435 |
“ |
|
4.50 x 8 |
6 |
400 |
“ |
|
4.50 x 10 |
6 |
475 |
“ |
|
4.50 x 10 |
8 |
520 |
“ |
|
4.50 x 8 |
4 |
340 |
“ |
|
2.75 x 10 |
4 |
150 |
“ |
|
2.75 x 10 |
6 |
160 |
“ |
|
3.00 x 10 |
4 |
175 |
“ |
|
3.50 x 8 |
4 |
195 |
“ |
|
3.50 x 10 |
4 |
225 |
“ |
|
2.25 x 16 |
4 |
120 |
“ |
|
2.25 x 16 |
6 |
138 |
“ |
|
2.25 x 17 |
4 |
127 |
“ |
|
2.25 x 17 |
6 |
145 |
“ |
|
2.25 x 18 |
4 |
132 |
“ |
|
2.25 x 18 |
6 |
154 |
“ |
|
2.50 x 14 |
4 |
123 |
“ |
|
2.50 x 16 |
4 |
138 |
“ |
|
2.50 x 16 |
5 |
160 |
“ |
|
2.50 x 17 |
4 |
145 |
“ |
|
2.50 x 17 |
6 |
171 |
“ |
|
2.50 x 18 |
4 |
154 |
“ |
|
2.50 x 18 |
6 |
152 |
“ |
|
2.75 x 14 |
4 |
140 |
Not applicable |
|
2.75 x 14 |
6 |
160 |
“ |
|
2.75 x 17 |
4 |
169 |
“ |
|
2.75 x 17 |
6 |
205 |
“ |
|
2.75 x 18 |
4 |
175 |
“ |
|
2.75 x 18 |
6 |
210 |
“ |
|
3.00 x 14 |
4 |
160 |
“ |
|
3.00 x 14 |
6 |
182 |
“ |
|
3.00 x 18 |
4 |
195 |
“ |
|
3.00 x 18 |
6 |
220 |
“ |
|
3.00 x 19 |
4 |
205 |
“ |
|
3.00 x 19 |
6 |
230 |
“ |
|
3.25 x 16 |
4 |
200 |
“ |
|
3.25 x 16 |
6 |
240 |
“ |
|
3.25 x 18 |
4 |
220 |
“ |
|
3.25 x 18 |
6 |
270 |
“ |
|
3.25 x 19 |
4 |
230 |
“ |
|
3.25 x 19 |
6 |
275 |
“ |
|
3.50 x 18 |
4 |
250 |
“ |
|
3.50 x 18 |
6 |
290 |
“ |
|
3.50 x 19 |
4 |
255 |
“ |
|
3.50 x 19 |
6 |
295 |
“ |
|
1.75 x 19 |
Standard |
80 |
“ |
|
1.75 x 19 |
Reinforce |
115 |
“ |
|
2.00 x 19 |
Standard |
90 |
“ |
|
2.00 x 19 |
Reinforce |
125 |
“ |
|
2.00 x 22 |
Standard |
95 |
“ |
|
2.00 x 22 |
Reinforce |
130 |
“ |
|
2.25 x 16 |
Standard |
95 |
“ |
|
2.25 x 16 |
Reinforce |
130 |
“ |
|
2.24 x 19 |
4 |
135 |
“ |
|
2.50 x 16 |
Standard |
110 |
“ |
|
2.50 x 16 |
Reinforce |
150 |
“ |
|
2.50 x 19 |
Standard |
120 |
“ |
|
2.50 x 19 |
Reinforce |
165 |
“ |
|
8.3/8 x 24 |
4 |
625 |
“ |
|
8.3/8 x 24 |
6 |
810 |
“ |
|
8.3/8 x 32 |
4 |
715 |
“ |
|
8.3/8 x 32 |
6 |
920 |
“ |
|
11.2 x 28 |
4 |
900 |
“ |
|
11.2 x 28 |
6 |
1115 |
“ |
|
11.2 x 28 |
8 |
1305 |
“ |
|
11.4 x 24 |
4 |
945 |
“ |
|
13.4 x 24 |
6 |
1200 |
“ |
|
12.4 x 28 |
4 |
1005 |
“ |
|
12.4 x 28 |
6 |
1275 |
“ |
|
12.4 x 28 |
8 |
1510 |
“ |
|
12.4 x 36 |
34 |
135 |
“ |
|
12.4 x 36 |
6 |
1140 |
“ |
|
12.4 x 38 |
4 |
1165 |
“ |
|
12.4 x 38 |
6 |
1480 |
“ |
|
12.6 x 28 |
4 |
1100 |
“ |
|
13.8 x 20 |
6 |
1430 |
“ |
|
13.6 x 28 |
8 |
1645 |
“ |
|
13.6 x 38 |
6 |
1660 |
“ |
|
13.6 x 38 |
8 |
1910 |
“ |
|
16.9 x 28 |
6 |
1840 |
“ |
|
16.9 x 28 |
8 |
2175 |
“ |
|
16.9 x 30 |
6 |
1900 |
“ |
|
16.9 x 30 |
8 |
2245 |
“ |
|
18.4 x 30 |
10 |
3815 |
“ |
|
18.4 x 30 |
12 |
3180 |
“ |
|
18.4 x 30 |
14 |
3405 |
“ |
|
4.00 x 19 |
4 |
355 |
“ |
|
5.50 x 16 |
4 |
425 |
“ |
|
5.50 x 16 |
6 |
525 |
“ |
|
6.00 x 16 |
4 |
450 |
“ |
|
6.00 x 16 |
6 |
560 |
“ |
|
6.00 x 16 |
8 |
675 |
“ |
|
6.50 x 16 |
4 |
510 |
“ |
|
6.50 x 16 |
6 |
615 |
“ |
|
6.50 x 20 |
4 |
600 |
“ |
|
6.50 x 20 |
6 |
725 |
“ |
|
7.50 x 16 |
8 |
1355 |
“ |
|
Non traction |
10 |
1525 |
“ |
|
Tractor trailer |
12 |
1710 |
“ |
|
9.00 x 16 |
14 |
1865 |
“ |
|
Non traction Tractor trailer |
16 |
2290 |
“ |
1.
Substituted by GSR 338 (E) dt. 26-3-1993.
Note: (i) The above
maximum weights are in accordance with Indian Standards IS: 10914 of 1988, and
for the maximum cold inflation pressures indicated therein and have been
adjusted for the speed limit stipulated in the notification under section 112
of the Motor Vehicles Act, 1988.
(ii) The above weights in respect of tyres of
transport vehicles (goods are well as passenger carriages) shall be applicable
subject to the condition that the axle loads do not exceed 6% of the permitted
limits. They apply in relation to
registered axle rates recorded in registration certificate of the vehicles.
(iii) The load rating for tyres not covered by
the above Table may be notified by the Central Government as and when such
tyres are introduced on vehicles. Till
these are notified the provisional load rating declared by vehicle manufacturer
may be certified by the certifying test agency referred to in rule 1261.
Brakes, Steering Gears, Safety
Glass and Windscreen Wipers
1[(l) Every motor vehicle,
other than a motor cycle, three wheeled in valid carriage, trailer or a road
roller shall be equipped with two independent and efficient braking systems,
namely, the parking brake and foot operated service brake:
PROVIDED
that a motor cycle and three wheeled invalid carriage shall be equipped with
the independent and efficient braking systems, either both hand operated or one
foot operated and the other hand operated].
(2) The braking system shall be of strength
capable of stopping the vehicle within the distance specified in sub-rule (8)
and of holding it at rest in all conditions and all such brakes at all times be
properly connected and maintained in efficient condition:
2[* * *]
PROVIDED that a motor cycle
without gear may have an independent and efficient single braking system
capable of holding such motor cycle, when fully laden, stationary on a gradient
of one in seven.
(3) In every motor vehicle 3[other than agricultural tractors], the
brakes operated by one of the means of operation shall act directly upon the
wheel and not through the transmission gear.
4[(4) Two years from the date
of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, every
motor vehicle manufactured shall have a braking system whose performance shall
conform to the following Indian Standards, namely-
(i) For motor vehicles IS: 10376-1982 or
IS: 11716-1986 as applicable;
(ii) For three wheelers with gross vehicle
weight not exceeding 1000 kgs., including three wheeled tractors for trailer, the
Indian Standards IS: 13670-1992;
(iii) For three-wheelers with gross vehicle
weight exceeding 1000 kgs; and all other vehicles: 11852 (Part I) 1987,
IS: 11852 (Part 2)-1987, IS:
11852 (Part 3)-1987,
IS: 11852 (Part 4)-1987, IS:
11852 (Part 5)-1987
IS:11852 (Part 6)-1987 &
IS: 11852 (Part 7)-1987, as applicable; and
(iv) For agricultural tractors IS:
12239(Part2)-1988;
Explanation: Indian Standards means the Indian Standards specified by the
Bureau of Indian Standards];
(5) Except in the case of a motor cycle, the
braking system or one of the braking systems of a motor vehicle shall be also
constructed and maintained that it can be so set as effectively to prevent at
least two, or in the case of a motor vehicle having three wheels, at least one
of the wheels from revolving when the vehicle is left unattended.
(6) The braking system or part thereof which
functions in the aforesaid manner shall be known as parking brake and where
such a braking brake is designed to be operated by hand, it shall be known as
hand-brake.
5[(7) (a) In the case of r, rotor vehicles other
than three wheelers of gross vehicle weight not exceeding 1000 Kgs and motor
cycle, the service brake shall be acting on all the wheels, of the vehicle.
(b) In case of three wheelers of gross
vehicle weight not exceeding 1000 kgs if the foot operated brake does not act
on all the wheels, the following conditions shall be fulfilled, namely,-
(i) The foot operated brake shall act on
the two wheels which are on the same axle, and
(ii) In addition to the parking brake, there
shall be an independent brake acting on the other wheel of the vehicle with an
independent hand operated control.
(c) In the case of motor cycles, the braking
system operated with the foot or left hand shall act at least on the rear wheel
and the brake operated by right hand at least on the front wheel.
(d) In the case of agricultural tractors, the braking system shall act as on both the rear wheels, either directly or through the transmission gear.
6[(8) The service braking
system in the case of vehicles other than three wheelers and motor cycles, and
the braking system operated by one of the means of operation other than the
parking brake in the case of three wheelers and motor cycles shall be capable
to bring the vehicles to halt within the distance specified in the following
Table when tested in accordance to the conditions prescribed correspondingly in
the Table. The test shall be conducted on a dry level hard road in good
condition. During the test the accelerator control shall be fully released and
in the case of vehicles with manual gear shifting control, the top gear and the
clutch shall be engaged.
1. Substituted
by GSR 338 (E) dt. 26-3-1993.
2.
Omitted by GSR 338 (E) dt.
26-3-1993,
3. Added by GSR 338 (E) dt. 26-3-1993.
4. Substituted by GSR 338 (E) dt.
26-3-1993.
5. Substituted by GSR 993 (E) dt.
28-10-1989.
6. Substituted by GSR 338 (E) dt,
26-3-1993.
TABLE
|
S. No. |
Type of vehicle |
Load |
Test speed (The speed at which the brake should be
applied) (Kmph) |
Type of brake |
Stopping distance (m) |
|
1. |
All vehicles other than motor cycles, three
wheelers and agricultural tractors |
Laden to the registered GVW or |
30 |
Foot operated service |
13 |
|
|
“ |
Unladen or |
30 |
“ |
13 |
|
|
“ |
Laden or |
40 |
“ |
21 |
|
|
“ |
Unladen |
40 |
“ |
21 |
|
2 |
Motor cycles |
Unladen |
30 |
Foot or hand operated |
21 |
|
3. |
Three wheelers including three wheelers tractors
for trailers |
Unladen |
30 |
Foot operated (brakes operating on at least two
wheels) |
13 |
|
4. |
Agricultural tractor |
Laden to Test Mass |
25 |
Foot operated service |
10 |
|
5. |
All other than three wheelers engine capacity not
exceeding 500 cc, motor cycles and agricultural tractors |
Laden to the registered GVW Or Unladen |
30 40 30 40 |
-do- -do- -do- -do- |
12.7 15.0 9.3 12.0 |
For the purpose of this test
for vehicles other than motor cycles the unladen means the vehicle is without
any load and shall carry only the driver and another person for specific
purpose of supervision the test, and instruments, if any. In the case or motor
cycle, the unladen means that vehicle will carry only the single rider and the
measuring instruments, if any.]
(1) 1[(Every trailer, other than a tractor-drawn
trailer having five hundred kilograms and more of weight] shall have an
efficient braking system which is capable of being applied when it is being
drawn-
(i) In the case of trailer having not more
than two axles, to atleast all the wheels of one axle; or
(ii) In the case of a trailer having more
than two axles, to at least all the wheels of two axles:
PROVIDED that the braking
system shall be so constructed that it is not rendered ineffective by the
non-rotation of the engine of the drawing vehicle.
(2) The provisions of sub-rule (1) shall not
apply to-
(i) Any land implement drawn by a motor
vehicle;
(ii) Any trailer designed for use and used by
a local authority for street cleansing or by the fire service for fire fighting
which does not carry any load other than its necessary gear and equipment;
(iii) Any disabled vehicle which is being drawn
by a motor vehicle in consequence of its disablement.
1. Substituted
by GSR 933 (E) dt. 28-10-1989.
(1) The steering gear of every motor vehicle
shall be maintained in good and sound condition, free from back-lash exceeding
30 degree on the steering wheel, all 1[ball
joints connecting the steering linkage,] shall be protected by rubber caps and
where the connections are secured with bolts or pins, the bolts or pins shall
be effectively locked.
1[(2) The steering gear of
every motor vehicle other than agricultural tractors shall be so constructed as
to conform with the Indian Standards IS: 1222 (1987), as modified from time to
time. The steering gear of every
agricultural tractor shall conform to Indian Standards IS: 11859: 1987.
(3) One year from the date of commencement
of the Central Motor Vehicles (Amendment) Rules, 1993 the steering effort of
all motor vehicles other than three wheelers of engine capacity not exceeding
500cc motor vehicles invalid carriages and agricultural tractors manufactured
shall conform to the Indian Standards IS: 11948-1986 as specified by the Bureau
of Indian Standards].
1. Substituted by GSR 338 (E) dt.
26-10-1993.
99. Forward and backward motion
Every motor vehicles other
than a motor cycle and three-wheeled invalid carriages, shall be capable of
moving under its own power 1[in
the reverse direction also].
1. Substituted by GSR 338 (E) dt.
26-10-1993.
(1) The glass of windscreen and the windows
of every motor vehicle 2[other
than agricultural tractors] shall be of safety glass:
PROVIDED that in the case of
three-wheelers and vehicles with hood and side covers, the windows may be
of 1[acrylic
or plastic transparent sheet].
Explanation: For the purposes of this
rule-
(i) “Safety glass” means glass 3[conforming to the specifications of the
Bureau of Indian Standards or any International Standards as certified by the
Automobile Research Association of India, Panel and so manufactured or treated
that if fractured, it does not fly or break into fragments capable of causing
severe cuts;
(ii) Any windscreen or window at the front of
the vehicle, the inner surface of which is at an angle extending to thirty
degrees to the longitudinal axis of the vehicle shall be deemed to face to the
front.
1[(2) The glass of the wind
screen and rear window of every motor vehicle shall be such and shall be
maintained in such a condition that the visual transmission of light is not
less than 70%. The glasses used for
side windows are such and shall be maintained in such condition that the visual
transmission of light is not less than 50% and shall conform to Indian
Standards IS: 2553 (Part 2)];
1[(3) The glass of the front
windscreen of every motor vehicle other than agricultural tractors manufactured
after three years from the coming into force of the Central Motor Vehicles
(Amendment) Rules, 1993 shall be made of laminated safety glass.
Explanation: For the purposes of these sub-rules laminated safety
glass shall mean two or more pieces of glass held together by an intervening
layer or layers of plastic materials.
The laminated safest glass will crack and break under sufficient impact
but the pieces of the glass tend to adhere to the plastic material and do not
fly and if a hole is produced, the edges would be less jagged than they would
be in the case of an ordinary glass.
(4) Notwithstanding anything contained in
this rule if the Central Government is of the opinion that it is necessary and
expedient to do so in public interest, it may by order published in the
Official Gazette exempt any motor vehicle for use by any person, from the
provisions of this rule.]
1. Substituted by GSR 338 (E) dt.
26-10-1993.
2. Inserted by GSR 338 (E) dt. 26-3-1993.
3.
Substituted by GSR 933 (E) dt.
28-10-1989.
(1) An efficient power operated or
foot-operated wind screen wiper shall be fitted to every motor vehicle having a
wind screen, other than three wheeled invalid carriage, motor cycle and
three-wheelers of engine capacity not exceeding 500cc.
(2) One year from the date of commencement
of Central Motor Vehicles (Amendment) Rules, 1993, all motor vehicles
manufactured having a windscreen, other than three-wheelers of engine capacity
not exceeding 500cc and motor cycles and invalid carriages, shall be fitted
with an efficient wind screen wiping system which shall conform of CMVR
document No. ARAI/005/CMVR/101-(2)/December 92-Windscreen wiping system.
(3) Three-wheelers with the engine capacity
not exceeding 500cc shall be fitted with either a power operated or
hand-operated windscreen wiper system].
1. Substituted
by GSR 338 (E) dt. 26-3-1993.
1[102. Signalling devices, direction indicators and
stop lights
(1) The signal to turn to the right or to
the left shall be given by electrically operated, direction indicator lamps on
all motor vehicles. Every motor vehicle
shall be fitted and maintained such that the following conditions are met,
namely, -
(i) The direction indicator lamps shall be
of amber colour which are illuminated to indicate the intention to turn, by a
light flashing at the rate of not less than 60 and not more than 120 flashes
per minute.
(i) The light emitted by the lamps when in
operation shall be clearly visible from both front and rear of the vehicle.
(iii) The minimum illuminated area of each
direction indicator shall be-
(a) 22.5 square centimetres, in the case of
motor vehicles with unladen weight not exceeding two tonnes or adapted solely
for the carriage of seven persons excluding the driver and luggage:
PROVIDED that the vehicle is
not used for drawing a trailer other than one of less than four wheels or a
four-wheeled trailer having two close coupled wheels on each side;
(b) In the case of vehicles other than those
mentioned in sub-clause (a), 60 square centimetres:
PROVIDED that nothing
contained in this sub-rule shall apply to motor cycles of engine capacity
exceeding 70 cc manufactured before 1-6-1990 and to motor cycles of engine
capacity not exceeding 70 cc.
(2) The intention to top the vehicle shall
be indicated by an electrical stop lamp. which shall be red in colour and shall
be fitted at the rear of the vehicle.
The stop lamp shall light up to the actuation of the service brake
control:
PROVIDED that in the case of
a motor cycle, the stop lamp shall light up on the actuation of the control
operating the brakes on the rear wheels,
(3) One year from the date of commencement
of the Central Motor Vehicles (Amendment) Rules, 1993, the stop lamp of every
motor cycle shall be so designed and fitted that it will light up on actuation
of any of the controls which actuate the brakes on any wheel.
1. Substituted
by GSR 338 (E) dt. 26-3-1993.
103. Position of the indicator
(1) A direction indicator shall be fitted
and every direction indicator shall be so designed and fitted that the driver
of the vehicle when in his driving seat is aware that it is operating
correctly.
1[(2) One year from the date of
commencement of the Central Motor Vehicles (Amendment) Rules, 1993, every motor
vehicle other than three wheelers of engine capacity not exceeding 500 cc and
motor cycles shall be equipped with such a device that when the vehicle is in
an immobilized condition all the direction indicators flash together giving
hazard warning to other roads users].
1. Substituted
by GSR 338 (E) dt. 26-3-1995.
1[104. Fitment of reflectors
(1) Every motor vehicle including trailers
and semi-trailers other than three wheelers of engine capacity not exceeding
500 cc and motor cycle shall be fitted with two red reflectors, one each on
both sides at the rear. The reflecting
area of each reflector shall not be less than 28.5 sq. cms., in the case of
vehicles where the overall length is more than 6 metres, and 7 sq. centimetres,
in case of vehicles where the overall length is less than 6 metres. Every motor vehicles shall be fitted with
one red reflex reflector at the rear having the reflecting area of not less
than 7 square centimetres:
PROVIDED that one year from
the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993 a
reflective tape or reflective paint of not less than 20 millimeters width and
running across the width of the body shall be affixed /painted at the front and
rear of every goods carriage.
(2) Every goods carriage vehicle including
trailers and semi-trailers other than three wheeler of engine capacity not
exceeding 500 cc shall be fitted with two white reflectors one each at the
extreme right and left bottom corners in the front of the vehicles and facing
to the front. The reflecting area of
each reflector shall not be less than 28.5 sq. centimetres, in the case of
vehicles with overall length of more than 6 metres, and not less than 7 sq.
centimetres in case of other vehicles];
(3) 2[*
* *] in the case of tractor-trailer or truck-trailer combination, the trailer
shall be fitted with two 1[reflex]
reflectors of eight centimetres diameter, one at the right bottom corner in the
front and another on the rearmost body cross beam or near the right rear light above the rear number
plates 2[* * *] The colour of
the front reflector shall be white and that of the rear shall be red.
1[(4) On and from the date of
commencement of the Central Motor Vehicles (Amendment) Rules, 1993, the
reflectors referred to in this rule and rule 110 shall be reflex type conforming
to the Indian Standards specified by the Bureau of Indian Standards].
3[(5) On and from the date of
commencement of the Central Motor Vehicles Rules, 1993 every motor vehicle and
trailer of length exceeding 6 metres shall be fitted with two amber coloured
reflex reflectors on each left hand and right hand of the vehicle, one set as
close to the front end as possible and the other set as close to the rear end
as possible. The height of the said
reflectors above the ground shall not be more than 1500 mm. The area of each
reflector shall not be less than 28.5 sq. cm:
PROVIDED that in case the
distance between the two side reflectors is more than 3 metres, additional
intermediate side reflectors shall be fitted so that the distance between any
adjacent side reflector is not more than 3 metres].
1. Substituted
by GSR 338 (E) dt. 26-3-1995.
2. Omitted by GSR 338 (E) dt. 26-3-1993.
3. Inserted
by GSR 338 (E) dt. 26-3-1996,
(1) Save as hereinafter provided, every
motor vehicle, while in a public place during the period between half an hour
after sunset, and half an hour before sunrise and at any other time when there
is not sufficient light to render clearly discernible persons and vehicles in
the road at a distance of one hundred and fifty-five metres ahead, shall carry
the following lamps (hereafter referred to as the obligatory head lamps) kept
lit and in an efficient condition: -
(a) 1[save
in case of auto rickshaw, three wheeled vehicles of engine capacity not
exceeding 500 cc and three wheeled invalid carriage] two lamps showing to the
front a white light visible from a distance of one hundred and fifty-five
metres;
(b) In the case of a motor cycle and an
invalid carriage, one lamp showing to the front a white light visible from a
distance of one hundred and fifty-five metres 2
[* * *];
(c) In the case 3[motor cycles] of a side car attached to a
motor cycle, a lamp affixed to the extreme left hand side of the side car
showing to the front a white light visible from a distance of one hundred and
fifty-five metres.
(2) Every such motor vehicle other than a
motorcycle and a three wheeler shall also carry-
(i) One lamp (hereinafter referred to as
the “rear lamp”) showing to the rear a red light visible in the rear from a
distance of one hundred and fifty-five metres; and in the case of a motor cycle
visibility distance of seventy-five metres; and
(ii) Lamp, which may be the rear lamp or some
other device, illuminating with a while light the whole of the registration
mark exhibited on the rear of the vehicle so as to render it legible from a
distance of fifteen metres to the rear:
PROVIDED that when a motor
vehicle is drawing another vehicle or vehicles and the distance between such
vehicles does not exceed 1.5 metres, it shall be sufficient if the last drawn
vehicle carries a rear lamp or a lamp illuminating the rear registration mark.
1[(3) On and from the
commencement of the Central Motor Vehicles (Amendment) Rules, 1993, all the
obligatory front head lamps of a motor vehicle other than motor cycles shall be
as nearly as possible of the same power and fixed at a height as specified in
Indian Standards IS: 8415 (clause 4.1):
PROVIDED that in the case of
four-wheel drive cross country vehicles, the maximum height of the said front
head lamps may be as per limits specified in Indian Standards IS: 8415 (clause
4.1.1):
PROVIDED FURTHER that in the
case of agricultural tractors the height of the said front head lamps shall not
be more than 1.6 metres;
PROVIDED
FURTHER that on and from the commencement of the Central Motor Vehicles
(Amendment) Rules, 1993, all vehicles other than three-wheelers of engine
capacity less than 500cc motorcycles and three-wheeled invalid carriages
manufactured shall be fitted with two rear lamps showing red light to the
rear].
(4) The rear lamp shall be fixed either on
the centre line of the vehicle or to the right hand side, and save in the case
of a transport vehicle, at a height of not exceeding one metre above the
ground:
3[PROVIDED that in the case of
agricultural tractors the height of the rear lamp shall not be more than 1.6
metres];
(5) In the case of a transport vehicle, the
rear light may be fixed at such level as may be necessary to illuminate the
registration mark.
(6) Every heavy goods carriage of
unconventional or extraordinary type shall be fitted with a red indicator lamp
of size of thirty centimetres by ten centimetres on the extreme rearmost body
cross beam and in the case of a vehicle not constructed with body in the rear,
the indicator lamp shall be fitted near the right rear light above the rear
number plate.
1[(7) Two years from the date
of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, every
motor vehicle, manufactured, shall be fitted with one lamp at the rear throwing
white light to the rear when the vehicle is being driven in the reverse
gear. There shall also be an audible
warning system operating when the vehicle is being driven in the reverse gear. The audible warning system, and the light
shall be automatically operated so that this system will not work unless the
vehicle is in reverse gear:
PROVIDED that different
dates may be notified for different classes or types of vehicles.]
1. Substituted
by GSR 338 (E) dt. 26-3-1993.
2. Omitted by GSR 338 (E) dt. 26-3-1993.
3. Inserted
by GSR 338 (E) dt. 26-3-1993.
(1) No lamp showing a light to the front
shall be used on any motor vehicle (whether fitted with single or dual head
lamp) unless such lamp is so constructed, fitted and maintained that the beam
of light emitted therefrom-
1[(a) Is permanently deflected
down wards to such an extent that it is not capable of dazzling any person,
whose eye position is, -
(A) At a distance of 8 metres from the front
of the lamp,
(B) At a distance of O.5 metre to the right
side of the lamps, i.e fitted at right extreme of the vehicle, from the right
edge of the lamp, and
(C) At a height of 1.5 metres from the
supporting plane of the vehicle:
PROVIDED in the
case of agricultural tractors fitment and construction of lamps
shall be as per
the Indian Standards IS: 12239 (Part 2): 1988;]
(b) Is capable of being deflected downwards
by the driver in such manner as to render it incapable of dazzling any such
person in the circumstances aforesaid;
(c) Is capable of being extinguished by the
operation of a device which at the same time cause a beam of light to be
emitted from the lamp which complies with the provisions of clause (a);
(d) Is capable of being extinguished by the
operation of a device which at the same time either deflects the beam of light
from another lamp downwards or both downwards and to the left in such manner as
to render it incapable of dazzling any person in the circumstances aforesaid,
or brings into or leaves in operation a lamp which complies with the provisions
of clause (a).
2[ * * *]
3[(2)] The provisions of
sub-rule (1) shall not apply to any lamp fitted with an electric bulb, if the
power of the bulb does not exceed 7 watts and the lamp is fitted with a frosted
glass or other material which has the effect of diffusing the light.
1. Substituted
by GSR 338 (E) dt, 26-3-1993.
2. Omitted by GSR 33S (E) dt. 26-.-1993.
3. Renumbered by GSR 338 (E) dt.
26-3-1993.
Every goods vehicle
including trailer and semi-trailer other than three-wheelers and vehicles with
overall width not exceeding 2.1 metres shall be fitted with two white lights at
the top right and left corners showing light to the front and two red lights at
the top right and left comers at the rear.
The lights shall remain lit when the vehicle is kept stationary on the
road during night and at the time of poor visibility:
PROVIDED that in the case of
goods carriage without a full body in the rear, provision for fitting of the
top light at the rear shall not be necessary.]
1. Substituted by GSR 338 (E) dt.
26-3-1996.
108. Use of red or white light
No motor vehicle shall show a red light to the front or light other than red to the rear:
PROVIDED that
the provisions of this rule shall not apply to-
(i) The internal lighting of the vehicle;
or
(ii) The amber light, if displayed by any
direction indicator or top light;
(iii) A vehicle carry ing high dignitaries as
specified by the Central Government or the State Government from time to time
or a vehicle escorting such vehicle;
(iv) The blinker type of red light with purple
glass fitted to an ambulance van used for conveying patients; or
(v) To a vehicle having a lamp fitted with
an electrical bulb, if the power of the bulb does not exceed 7 watts and the
lamp is fitted with a frosted glass or any other material which has the effect
of diffusing the light;
1[(vi) White lights
illuminating the rear number plate;
(vii) White light used while reversing;
(viii) Plough light provided in agricultural
field operations.]
1. Added by GSR 338 (E) dt. 26-3-1993.
Every motor vehicle other than three wheelers of engine capacity not exceeding 500 cc, motor cycles and three wheeled invalid carriages shall be provided with one white or amber parking light on each side in the front. In addition to the front lights, two red parking lights one on each side in the rear shall be provided. The front and rear parking lights shall remain lit even when the vehicle is kept stationary on the road:
PROVIDED that these rear
lamps can be the same as the rear lamps referred to in rule 105 sub-rule (2):
PROVIDED FURTHER that in the
case of agricultural tractor, parking light shall be mounted on the rear
mudguards so that the lights are visible from the front and also from the
rear.]
1. Added by GSR 338 (E) dt. 26-3-1993.
110. Lamp on auto-rickshaws and three-wheelers
with engine capacity not exceeding 500 cc
Every auto-rickshaw and three-wheeler of capacity not exceeding 500 cc shall be fitted with one front head lamp and two side white lights or two front lamps on the body. In addition to the front lamp or side lights, it shall be fitted with a rear lamp showing to the rear a red light visible from a distance of 75 metres and a white light illuminating the registration mark exhibited on the rear of the vehicle so as to render it legible from a distance of 15 metres; and also two red reflex reflectors each having a reflecting area of not less than seven square centimetres:
PROVIDED in case where these vehicles are attached with trailers, the rear fitments mentioned in this rule and direction indicator system mentioned in rule 102 shall also be provided at the rear of the trailer.
111. Prohibition
of spot lights, etc.
No spot-light or
search-light shall be carried on the front of any vehicle except in exceptional
circumstances with the prior approval of the registering authority:
Smoke, Vapour, Spark, Ashes, Grit and Oil
Every motor vehicle shall be so constructed or equipped that the exhaust gases from the engine are discharged neither downwards not to the left side of the vehicle and shall be so fitted as to allow the gases to escape to the right side or rear of the vehicle:
PROVIDED that in the case of
tankers carrying explosive and inflammable goods, the fitment of exhaust pipe
shall be according to the specification of the Inspector of Explosives:
1[PROVIDED FURTHER that in
the vehicles where the exhaust gases are discharged to the right of the
vehicle, slight downward angle shall be permitted, provided the exhaust gases
do not kick up any dust when the vehicle is stationary and engine running and
in any case of angle of the pipe to the horizontal should not be more than 30
degrees:
PROVIDED ALSO that where the
exhaust gases are discharged to the left of the vehicle the inclination of
exhaust pipe should not cross 30 degrees in downward and 30 degrees in left
direction against the vertical plane which includes the vehicle’s centre line,
provided the exhaust gases do not take up any dust when the vehicle is
stationary and engine running:
PROVIDED FURTHER more than in the case of tractors, vertical exhaust pipe may be provided and outlet of his pipe should be so directed that the driver of the tractor is not exposed to exhaust gases by locating the outlet over or to the side of head-level of the driver as per Indian Standards IS: 12239 (Part I)-1988].
1. Substituted
by GSR 338 (E) dt. 26-3.-1993.
113. Location of exhaust pipes
On and from the date of commencement
of this sub-rule, no exhaust pipe shall be located within a distance of 35
millimetres from the fuel line connecting to the fuel tank and engine.
114. Exhaust pipes of public service vehicles
The exhaust pipe of every public service vehicle shall be so fitted or shielded that no inflammable material is thrown upon it from any other part of the vehicle and that it is not likely to cause a fire through proximity to any inflammable material on the vehicle.
115. Emission of smoke, vapour, etc. from motor
vehicles
1[(1) Every motor vehicle other
than motor cycles of engine capacity not exceeding 70cc, manufactured prior to
the first day of March 1990, shall be maintained in such condition and shall be
so driven so as to comply with the standards prescribed in these rules].
(2) On and from the 2[date] of commencement of this sub-rule,
every motor vehicle shall comply with the following standards,-
(a) Idling CO (carbon monoxide) emission
limit for all four-wheeled petrol-driven vehicles shall not exceed 3 percent by
volume;
(b) Idling CO emission limit for all two and
three-wheeled petrol-driven vehicles shall not exceed 4.5 percent by volume;
(c) Smoke density for all diesel-driven
vehicles shall be as follows-
1. Substituted by GSR 338 (E) dt.
26-3-1993.
2. 1-3-1990, vide Not. No. 766 (E) dt. 27-9-1989, Gaz. of India
(Ext.) No. 614 dt. 27-9-1989, Part II, s. 3(ii).
1 [TABLE
|
Method of test |
Maximum smoke Density |
||
|
|
Light aborption coefficient (1/m) |
Bosch units |
Hartridge units |
|
(a) For vehicle other than agricultural tractors- (i) Full load at 60 to 70% of maximum engine rated
rpm declared by the manufacturer, or
Free acceleration (b) For agricultural tractors 80% load
corresponding to maximum power developed in PTO Performance Tests. |
3.25 2.45 3.25 |
5.2 … 5.2 |
75 65 75] |
(3) On and from the 1[date] of commencement of this sub-rule,
all petrol-driven vehicles shall be so manufactured that they comply with the
mass emission standards as specified at Annexure “I”. The breakdown of the operating cycle used for the test shall be
as specified at Annexure “II”, and the reference fuel for all such tests shall
be specified in Annexure “IB” to these rules.
(4) On and from the 1[date] of commencement of this sub-rule,
all diesel-driven vehicles shall be so manufactured that they comply with the
following based on exhaust gas opacity as specified at Annexure “IV” to these
rules.
(5) On and from the 1[date]of commencement of this sub-rule, all
petrol-driven vehicles shall be so manufactured that they comply with the
following levels of emission 2[when
tested as per test cycle specified in Annexure VI:
|
Mass or Carbon Monoxide (CO) Maximum grams per KWH |
Mass of Hydrocarbons (HC) Maximum grams per KWH |
Mass of Nitrogen Oxide (NO) Maximum grams per KWH |
|
14% |
3.5 |
1.8 |
3[PROVIDED the standards for
exhaust gas emissions applicable to agricultural tractors shall be notified
separately];
(6) Each motor vehicle manufactured on and
after the dates specified in sub-rules (2),(3),(4)or(5), shall be certified by
the manufacturers to be conforming to the standards specified in the said
sub-sections, and further certify that the components liable to effect the
emission of gaseous pollutants are so designed, constructed and assembled as to
enable the vehicle, in normal use, despite the vibration to which it may be
subjected, to comply with the provisions of the said sub-rule.
4[(7) After the expiry of a
period of one year from the date on which the motor vehicle was first
registered, every such vehicle shall carry a valid “Pollution under control”
certificate issued by an agency authorised for this purpose by the State
Government. The validity of the certificate
shall be for six months or any lesser period as may be specified by the State
Government from time to time and the certificate shall always be carried in the
vehicle and produced on demand by the officers referred to in sub-rule (1) of
rule 116.
(8) The certificate issued under sub-rule (7)
shall, while it remains effective be valid throughout India.]
5[(9) Mass emission standard
for diesel vehicles.
1. 1-4-1991, vide Not. No. SO 869(E) dt. 27-10-89, Gazette of
India, Ext. No. 708 dt. 27-1-89, Part
II, s. 3(ii).
2. Substituted by GSR 338 (E) dt.
28-3-1993.
3. Inserted by GSR 338 (E) dt. 26-3-1993.
4. Added
by GSR 338 (E) dt. 26-3-1993.
5. Substituted by GSR 163(E) dt.
29-3-1996.
Type Approval Tests
|
Vehicle category |
HC* (g/KWH) |
CO* (g/KWH) |
NO* (g/KWH) |
Smoke |
|
Medium & heavy over 3.5 ton/ GVW |
2.4 |
11.2 |
14.4 |
*** |
|
Light diesel up to 3.5 ton/GVW |
2.4 |
11.2 |
14.4 |
*** |
|
Reference mass R(Kg) |
|
CO** |
HC+Nox** g/Km |
|
|
R<1020 |
|
5.0 |
2.0 |
|
|
1020<R<1250 |
|
5.7 |
2.2 |
|
|
1250<R<1470 |
|
6.4 |
2.5 |
|
|
1470<R<1700 |
|
7.0 |
2.7 |
|
|
1700<R<1930 |
|
7.7 |
2.9 |
|
|
1930<R<2150 |
|
8.2 |
3.5 |
|
|
R<2150 |
|
9.0 |
4.0 |
|
Note :
* The test cycle is as per 13 mode cycle
on dynamometer.
** The test should be as per Indian Driving
Cycle with cold start.
*** The emissions of visible pollutants (smoke)
shall not exceed the limit value to smoke density. When expressed as light absorption coefficient given below for
various nominal flows when tested at constant speeds over full load. (As
indicated at Annexure
COP STANDARDS
* 10% relaxation in the standards for HC,
CO and NO,(would be given.
** 10% relaxation in the standards for CO
and combined HC+NOX would be given.
10. Mass emission standard for petrol driven
vehicles.
Type Approval Test
(i) Passengers cars
|
Cubic capacity (cm3) |
Carbon Monoxide (gm/km) |
HC+Nox (gm/km) |
|
C > 1400 |
8.68 |
3.00 |
|
C > 1400 > 2000 |
11.20 |
3.84 |
|
C> 2000 |
12.40 |
4.36 |
Note: 1. The tests will
be as per Indian Driving Cycle with warm start.
2. There should be no crankcase emission.
3. Evaporative emission should not be more
than 2.0 g/test.
4. COP standards: 20% relaxation in the
standards for carbon monoxide and combined I-IC + NOx would be given.
(ii) Three wheelers (for all categories)
CO gms/km 6.75
HC + NOx gms/km
5.40
Note: 1. The test will as
per Indian Driving Cycle with warm start.
However, with effect from lst April, 1998, the test will be as per
Indian Driving Cycle with cold start.
2. COP standards :20% relaxation in the
standards for carbon monoxide and combined HC + NOx would be given.
(iii) Two wheelers (for all categories)
CO gms/km
6.75
HC + NOx gms/km
5.40
Note: l. The
test will be as per Indian Driving Cycle with warm start. However, with effect
from lst April, 1998, the test will be as per Indian driving cycle with cold
start.
2. COP standards: 20% relaxation in the
standards for carbon monoxide and combined HC+ NOx would be given.
ANNEXURE-1
|
Nominal flow G(1/2) |
Light absorption K(1/m) |
|
42 |
2.26 |
|
45 |
2.19 |
|
50 |
2.08 |
|
55 |
1.985 |
|
60 |
1.90 |
|
65 |
1.84 |
|
70 |
1.775 |
|
75 |
1.72 |
|
80 |
1.665 |
|
85 |
1.62 |
|
90 |
1.575 |
|
95 |
1.535 |
|
100 |
1.495 |
|
105 |
1.465 |
|
110 |
1.425 |
|
115 |
1.395 |
|
120 |
1.37 |
|
125 |
1.345 |
|
130 |
1.32 |
|
135 |
1.30 |
|
140 |
1.27 |
|
145 |
1.25 |
|
150 |
1.205 |
|
160 |
1.19 |
|
165 |
1.17 |
|
170 |
1.155 |
|
175 |
1.14 |
|
180 |
1.125 |
|
185 |
1.11 |
|
190 |
1.095 |
|
195 |
1.08 |
|
200 |
1.065] |
1[116. Test for smoke emission level and carbon
monoxide level for vehicles
(1) Notwithstanding any thing contained in
sub-rule (7)of rule 115 any officer not below the rank of sub-inspector of police or the inspector of motor vehicles
who has reason to believe that a motor vehicle is not complying with the
provisions of sub-rule (2) or sub-rule (7) of rule 115, may in writing direct
the drive or any person in charge of the vehicle to submit the vehicle for
conducting the test to measure the standards of emission in any one of the
authorized testing stations, and produce the certificate to any authority at
the address mentioned in the written direction within 7 days from the date of
conducting the check.
(2) The driver or any person in charge of
the vehicle shall up on such direction by the officer referred to in sub-rule
(1) submit the vehicle for testing for compliance of the provisions of sub-rule
(2) of rule 115, at any authorised testing station.
(3) The measurement for compliance of the provisions of sub-rule (2) of rule 115 shall be done with a meter of the type approved by any agency referred to in rule 126 of the principal rules or by the National Environmental Engineering Research Institute, Nagpur-440 001:
PROVIDED
that such a testing agency shall follow ISO or ECE standards and procedures for
approval of measuring meters.
(4) If the result of the tests indicate the
motor vehicle complies with the provisions of sub-rule 2 of rule 115, the
driver or any person in charge of the vehicle shall produce the certificate to
the authority specified in sub-rule 1 within the stipulated time limit.
(5) If the test results indicate that the
motor vehicle does not comply with the provisions of the sub-rule 2 of rule
115, the driver or any person incharge of the vehicle shall rectify the defects
so as to comply with the provisions of the sub-rule 2 of rule 115 within a
period of 7 days and submit the vehicle to any authorised testing station for
re-check and produce the certificate so obtained from the authorised testing
station to the authority referred to in sub-rule 1.
(6) If the certificate referred to in
sub-rule (l)is not produced within the stipulated period of seven days or if
the vehicle fails to comply with the provision of sub-rule (2) of rule 115
within a period of seven days, the owner of the vehicle shall be liable for the
penalty prescribed under sub-section (2) of section 190 of the Act.
(7) If the driver or any person in charge of
the vehicle referred to in sub-rule (1) does not produce the said certificate
within the said period of 7 days, such vehicle shall be deemed to have
contravened the provision of sub-rule (2) of rule 115 and the checking officer
shall report the matter to the registering authority.
(8) The registering authority shall on
receipt of the report referred to in sub-rule (7), for reasons to be recorded
in writing suspend the certificate of registration of the vehicle until such
time the certificate is produced before the registering authority to the effect
that the vehicle complies with the provision of sub-rule (2) of rule 115. (9)
On such suspension of the certificate of registration of the vehicle, any
permit granted in respect of the vehicle under Chapter V or under Chapter VI of
the Motor Vehicles Act, 1988 (59 of 1988) shall be deemed to have been
suspended until a fresh “Pollution under control” certificate is obtained.]
1. Substituted
by GSR 338 (E) dt. 26-3-1993.
Speed overnors
(1) Every motor vehicle, other than an
invalid carriage or a vehicle, the designated speed of which does not exceed
thirty kilometres per hour, shall be fitted with an instrument (hereinafter
referred to as “speedometer”) so constructed and fixed in such a position as to
indicate to the driver of the vehicle the speed at which the vehicle is
travelling:
1[PROVIDED that every
agricultural tractor shall be fitted with an Engine RPM cum-Hour Meter]
2[(2) On and from the date of commencement of the Central Motor
Vehicles (Amendment) Rules, 1993, every motor vehicle manufactured shall be
fitted with a speedometer that shall conform to the requirements to Indian
Standards IS : 11086 specified by the Bureau of Indian Standards.]
1. Inserted by GSR 338 (E) dt. 26-3-93,
2. Substituted by GSR 338 (E) dt.
26-31993.
(1) On
and from the 1[commencement]
of this rule, such transport vehicles is may be notified by the Central
Government in the Official Gazette shall be fitted by the operator of such
transport vehicle with a speed governor(speed controlling device) 2[conforming to specifications of] the
Bureau of Indian Standards in such a manner that or a Regional Transport
Authority in such a way that it can no State Transport Authority the speed
governor can be sealed with an official seal of the t be removed or tampered
with without the seal being broken.
(2) The speed governor of every transport
vehicle shall be so set that the vehicle is incapable of being driven at a
speed in excess of the maximum pre-set speed of the vehicle except down an incline.
1. 1-7-1993,
vide Not. No. SO. 427(E) dt. 27-6-1991,
Gazette of India, Ex. No 1419 dt,
29-7-91, part II, s, 3(ii).
2.
Substituted by GSR 933 (E) dt.
28-10-1989.
Reduction of oise
(1) Every motor vehicle shall be fitted with
an electric horn or other device 1[conforming
to the specifications of] the Bureau of Indian Standards] for use by the driver
of the vehicle and capable of giving audible and sufficient warning of the
approach or position of the vehicle.
(2) No motor vehicle shall be fitted with
any multi-toned horn giving a succession of different notes or with any other
sound-producing device giving an unduly harsh, shrill, loud or alarming noise.
(3) Nothing contained in sub-rule (2) shall
prevent the use on vehicles used as ambulance or for fighting or salvage
purpose or on vehicles used by police officers or officers of the Motor
Vehicles Department in the course of their duties of such sound signals as may
be approved by the registering authority in whose jurisdiction such vehicles
are kept.
1.
Substituted by GSR 933 (E) dt.
28-10-1989.
(1) Every motor vehicle shall be fitted with
a device (hereinafter referred to as a silencer) which by means of an expansion
chamber or otherwise reduces as far as practicable, the noise that would other
wise be made by the escape of exhaust gases from the engine.
1[(2) Noise standards-Every-
motor vehicle shall be constructed and maintained so s to conform to noise
standards as indicated in the Table below, and these standards shall be tested
as per Indian Standards IS: 3028:
1. Substituted by GSR 338 (E) dt.
26-3-1993.
TABLE
|
Category of vehicles |
Maximum permissible noise levels |
|
(1) |
(2) |
|
Two wheelers (petrol driven) |
80 dB(A) |
|
A passengers cars, all petrol driven three
wheelers and diesel driven two wheelers |
82 dB(A) |
|
Passengers or Light Commercial Vehicles including
three wheeled vehicles fitted with diesel engine with gross vehicles weight
up to 4000 Kgs. |
85 dB(A) |
|
Passenger or Commercial Vehicles with gross
vehicle weight above 4000 kgs and up to 12000 kgs. |
89 dB(A) |
|
Passenger or Commercial Vehicles with gross
vehicle weight above 12000 kgs. |
91 dB(A) |
121. Painting of motor vehicles
(1) No motor vehicle shall be painted in
olive green colour except those belonging to the Defence Department.
(2) No contract carriage other than a
tourist vehicle covered by permit under subsection (9) of section 88 shall be
painted in the manner specified in sub-rule (11) of rule 128.
(3) No goods carriage other than a goods
carriage covered by national permit shall be painted in the manner specified in
sub-rule (1) of rule 90.
Chassis Number and Engine Number
1[122.
Embossment of the chassis number and engine number and date of manufacture
(1) On and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, every motor vehicle other than trailer and semi-trailers shall bear the identification number including month and year of manufacture, embossed or etched or punched on it:
PROVIDED that in such
vehicles where space is insufficient for etching, embossing or punching the
engine number, chassis number and month of manufacture all together, the
etching, embossing or punching of year and month of manufacture shall be on an
identification plate welded or rivetted to the body of the vehicle.
(2) The vehicle manufacturer shall intimate
to the Ministry of Surface Transport of the Central Government and to the
certifying testing agency regarding the place where the numbers shall be
embossed or etched or punched including code for the year and month of
production in respect of each model and the Central Government shall
communicate these details to all the State Governments and Union Territory
administrations through a notification in the Official Gazette. No manufacturer shall change the place of
embossing, etching or punching and the code for the month and year of
production without prior intimation by registered post to the Central Government
in the Ministry of Surface Transport:
PROVIDED that in no case the
height of the chassis number embossed, etched or punched shall be less than
five millimetres for vehicles having overall length less than six metres and
less than seven millimetres for the vehicle having overall length more than six
metres.]
1. Substituted by GSR 338 (E) dt.
26-3-1993.
SAFETY DEVICES
Safety Devices for Drivers,
Passengers and Road Users
123. Safety devices in motorcycle
No motor cycle 1[which has provision for pillion rider]
shall be constructed without provision for a permanent hand grip on the side or
behind the driver’s seat and a foot rest and a protective device covering not
less than half of the rear wheel so as to prevent the clothes of the person
sitting on the pillion from being entangled in the wheel.
1. Inserted
by GSR 338 (E) dt. 26-9-1993.
1[124. Safety standards of components
(1) The Central Government may from time to
time specify by notification in the Official Gazette the standards specified by
Bureau of Indian Standards of any party, component or assembly to be used in
the manufacture of a vehicle and the date from which such parts, components or
assemblies are to be used in the manufacture of a vehicle and no publication of
such a notification every manufacturer shall use only such of these parts,
components or assemblies in the manufacture of the vehicle.
(2) Every manufacturer shall certify
compliance with the Provisions of this rule in Form 22.]
1.
Substituted by GSR 338 (E) dt.
26-3-1993.
One year from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, the manufacturer of every motor vehicle other than motor cycles and three-wheelers of engine capacity not exceeding 500 cc, shall equip every such vehicle with a seat belt for the driver and for the person occupying the front seat.
(2) Six months from the date Of commencement
of the Central Motor Vehicles (Amendment) Rules, 1993, all motor vehicles shall
be equipped with rear view mirror.
(3) Three years from the date of
commencement of the Central Motor Vehicles (Amendment) Rules, 1993, every heavy
goods vehicle and heavy passenger motor vehicle shall be equipped with an
auto-dipper.
(4) Four years from the date of commencement
of the Central Government of the Central Motor Vehicles (Amendment) Rules,
1993, every motor vehicle other than motor cycles and three-wheelers of engine
capacity not exceeding 500 cc shall be equipped with an auto dipper.]
1.
Substituted by GSR 338 (E) dt. 26-3-1993.
1[126. Prototype of every motor vehicle to be
subject to test
On and from the date of commencement of central motor Vehicles (Amendment) Rules, 1993, every manufacturer of motor vehicles other than trailers and semi-trailers shall submit the Prototype of the vehicle to be manufactured by him for test by the Vehicle Research and Development Establishment of the Ministry of Defence of the Government of Indian or Automotive Research Association Of India, Pune, or the Central Machinery Testing and Training Tnstitute, Budni (MP) or the Indian Institute of Petroleum, Dehradun, and such other agencies Is may be specified by the Central Government for granting a certificate by that agency a-; to the compliance of provisions of the Act and these Rules.]
1.
Substituted by GSR 338 (E) dt.
26-3-1993.
The testing agencies referred to in rule 126 shall in accordance With the procedures laid down by the Central Government also conduct tests on vehicles drawn from the production line of the manufacturer to verify whether these vehicles conform to the provisions of 2A [rule 155].]
1. Inserted by CSR 338 (E) dt. 26-3-1993.
127. Quality certificate by manufacturer
On and from the 1[date]
of commencement of this rule, the sale of ever Motor vehicle manufactured shall
be accompanied by a certificate of road-worthiness by the manufacturer in Form
22.
1.
1-4-1991, vide Not. No. So. 941 (E), dt. 11-12-1990,
128. Tourist vehicles other than motor cabs, etc.
A tourist
vehicle other than motor car, taxi-cab, campers, van, house trailer, shall
conform to the
following specifications namely:
(1) The dimension shall conform to the
dimensions specified in rule 93.
(2) Structure-Structure of the tourist
vehicle should be sturdy and strong, structural frame work using suitable
material of adequate sectional area and an aerodynamical shape. For exterior panelling, aluminium sheet or
good quality panelling material should be used. As regards interior panelling it should cover the entire interior
roof, sides, back and bulk head portions.
The body should be made completely leak proof and dustproof. The vehicle should also be rattle proof. Sound deadening should also be done for all
panelling including the floor.
1[(3) Passenger entrance and
exit-The passenger entrance cum exit door shall be located on the left side of
the vehicle and minimum door width shall be 685 millimetres. The door may be operated pneumatically or
hydraulically or electrically with suitable locking devices].
(4) Emergency doors- Emergency exit in the
form of a door, hinged in the front, shall -b,- provided on the off side of the
tourist vehicle and shall be capable of being operated both from the inside and
the outside of the tourist vehicle, or where it is not practicable to have such
a door, an emergency exit from the rear window screen may be provided 2[* * ].
The emergency exit shall be
prominently identified in red letters, “Emergency exit” from the inside.
(5) Driver entry and exit-A separate door
with suitable sliding window shall be provided for the driver near the driver
seat.
(6) Windscreen-
(i) The front wind-screen shall be of clear view and distortion free, with safety glass and shall be of the full width of the tourist vehicle. If made in two halves, the with of the central vertical joint, inclusive of the rubber glazing fitment of the front windshield shall be such as to enhance the elegance of the tourist vehicle.
(ii) The rear windscreen shall be of safety
glass or laminated safety glass. It shall
match with the windows provided on the vehicle. Sliding curtains shall be provided on the rear windscreen.
(7) Windows-Windows of tourist vehicles
should have a minimum space 14.255 millimetres and shall be of safety or
laminated safety glass.
Windows shall be of double
sliding type slider running smoothly in channels without rattle. All safety or laminated safety glasses used
for windows should conform to standards laid down by the Bureau of Indian
Standards. Windows shall be provided
with sliding curtains.
(8) Ventilation-Adequate arrangements shall
be provided for ventilation for the passenger compartment as well as the driver
compartment. All ventilators and
windows shall be such that when closed they will not permit ingress of rain
water or dust in the passenger or driver compartment.
(9) Luggage-(i) Luggage holds shall be
provided at the rear or at the sides, or both, of the tourist vehicle with
sufficient space and size, and shall be rattleproof, dustproof and waterproof
with safety arrangements;
(ii) The light luggage racks, on strong
brackets shall be provided inside the passenger compartment running along the
sides of the tourist vehicle. Except
where nylon netting is used, the underside of the rack shall have padded
upholstery to protect the passengers from an accidental hit. The general design and fitment of the rack
shall be so designed as to avoid sharp corners and edges.
(10) Seats and seating arrangements-
(i) 3[*
* *]
(ii) Seating layout shall be 4[two and two or one and two or one and one]
on either side, all seats facing forwards, with a clear gangway of at least 355
millimetres width at the centre. Each
passenger seat shall have a minimum area of 447 millimetres x 457 millimetres
and an arm rest on both sides and seat back of full height.
(iii) The seat frames shall be sturdy, properly
finished and so mounted as to transfer the weight directly to the structural
members of framework. The seats shall
be of reclining type and adjustable.
(iv) The seats shall be so mounted as to
provide at least 280 millimetres leg room from the front of the rear seat to
the back of the front seat. A foot rest
at suitable location and height shall be provided for every passenger.
(11) Painting and finishing-The tourist vehicle
shall be painted in a manner referred to in sub-rules (7) and (8) of rule 85A
in white colour with a blue ribbon of five centimetres width at the centre of
the exterior of the body.
(12) Lighting-(i)(a)The passenger compartment
shall be adequately illuminated.
(b) Arrangement shall be provided to
eliminate reflection of the light from the passenger compartment on the
windscreen.
(c) In addition to the lights in the
passenger compartment, at least two night-lights with coloured domes, shall be
provided in the passenger compartment.
(ii) The front and rear destination boxes, if
provided, shall be illuminated.
(iii) One independently operated light fitting
shall be provided for illumination of the driver’s or attendant’s seat area.
(iv) A light fitting shall be provided for
illuminating the steps at the passenger entrance door.
(v) Each luggage hold shall have a light
fitting for illumination of that hold.
(vi) Wiring in the passenger compartment shall
be with low tension cable conforming to IS: 2465 or size commensurate with the
estimated current loading. The wire
shall be carried in PVC sleeving or conduit or casing of adequate size. When any wire passes through a hold in a
panel or sheet metallic components, a rubber grommet of adequate size shall be
provided for protection of the insulation.
(13) Fittings and accessories-A tourist vehicle
shall be equipped with the following namely,-
(i) Convex rear-view mirrors one on each
side, universally adjustable and of adequate dimensions;
(ii) Fire extinguisher, dry power type
located near the engine compartment;
(iv) Insulation on interior or exterior of the
engine bonnet for reducing the noise and heat from the engine;
(v) Provision for locating vehicle tools
securely;
(vi) Heavy duty windscreen wiper system;
(vii) Adjustable sunvisors of adequate size for
the driver and for the attendant;
(viii) Electrically operated wide indicators or
blinkers, stop lights and parking lights;
(ix) Dual head lamps;
(x) Suitable illumination for the
registration number plate at the rear;
(xi) Horn;
(xii) Electric fans, of 8 inches sweep
adjustable, at least eight in number, suitably spaced in the passenger
compartment and controlled by switches located near the seat;
(xiii) Electric bell or buzzer located near the
seat of driver or attendant and operated by at least four push button controls
placed at suitable location in the passenger compartment;
(xiv) Ashtrays near passenger seats of a design
convenient for cleaning them at intermediate stop of the tourist vehicle;
(xv) Drinking water and ice-box;
(xvi) Rack for magazines and other reading
material;
(xvii) Back pockets and numbers for each seat;
(xviii) Public address system with at least four
speakers suitably located in the passengers compartment;
(xix) Document frame, located near the seat of
driver, for carrying vehicle documents, tax token, licence and permit,
(xx) Mud flaps for front and rear wheels:
5[PROVIDED that the
provisions of clauses (2) and (7), sub-clause (vi) of clause (12), sub-clauses
(ix), (xii) and (xiii) of clause (13) of this rule shall not apply to the
vehicles of integral construction.]
1. Substituted by GSR 338 (E) dt.
26-3-1993.
2. Omitted by GSR 338 (E) dt 26-3-1993.
3. Omitted
by GSR 933 (E) dt. 28-10-1989.
4. Substituted by GSR 933 (E) dt.
28-10-1989.
5. Added by GSR 933 (E) dt. 28-10-1989.
129. Transportation of goods of dangerous or
hazardous nature to human life
(1) Every owner of a goods carriage
transporting any dangerous or hazardous goods shall, in addition to complying
with the provisions of any law for the time being in force in relation to any
category of dangerous or hazardous goods, comply with the following conditions,
namely, -
(i) Every such goods carriage, carrying the
same type of dangerous or hazardous goods (whether in bulk or in packages),
shall display a distinct mark of the class label appropriate to the type of
dangerous or hazardous goods specified in column 3 of the Table I to rule 137;
(ii) In the case of packages containing goods
listed in Table III in rule 137 and which represents two hazards as given in
column 2 thereof, such packages shall display distinct labels to indicate both
the hazards;
(iii) Every package containing dangerous or
hazardous goods shall display the distinct class liable as appropriate to the
type of dangerous or hazardous goods specified in column 3 of the Table I to
rule 137;
1[(iv) Every goods carriage
carrying any dangerous or hazardous goods shall be equipped with safety
equipments for preventing fire, explosion or escape of hazardous or dangerous
goods].
2[(2) One year from the date of
commencement of Central Motor Vehicles (Amendment) Rules 1993, every goods
carriage carrying goods of dangerous or hazardous nature to human life, shall
be fitted with tectiograph (an instrument to record the lapse of running time
of the motor vehicle; time speed maintained, acceleration, deceleration, etc.,)
conforming to the specifications of the Bureau of Indian Standards].
1. Added
by GSR 338 (E) dt. 26-3-93.
2. Inserted by GSR 338(E) dt. 26-3-1993.
Six months from the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993, every goods carriage carrying goods of dangerous or hazardous nature to human life shall be fitted with a spark arrester].
1. Inserted by GSR 338(E) dt. 26-3-1993.
130. Manner of display of class labels
(1) Where a class label is required to be
displayed on a vehicle, it shall be so positioned that the size of the class
label is at an angle of 45 degrees to the vertical and the size of such label
shall not be of less than twenty-five millimetres square which may be divided
into two portions, the upper half portion being reserved for the pictorial
symbol and the lower half for the text:
PROVIDED that in the case of
smaller packages a suitable size of the label may be adopted.
(2) Where the class label consists of
adhesive material, it shall be water proof and where it consists of metal or
other substance on which the pictorial symbol and the text are printed, painted
or affixed, they shall be affixed directly on such material and in every case,
the surface of the vehicle surrounding the label shall be of a colour that
contrasts vividly with the background of the class label.
(3) Every class label displayed on a
vehicles shall be positioned in such a manner that it does not obscure other
markings required to be displayed under any other law.
(4) Every goods carriage carrying any dangerous or hazardous goods shall lay the class label both in the front and in the rear in a conspicuous manner.
1[131.
Responsibility of the consignor for safe transport of dangerous or hazardous
goods
(1) It shall be the responsibility of the
consignor intending to transport any dangerous or hazardous good listed in
Table III, to ensure the following namely,-
(a) The goods carriage has a valid
registration to carry the said goods;
(b) The vehicle is equipped with necessary
first-aid, safety equipment and antidotes as may be necessary to contain any
accident;
(c) That the transporter or the owner of the
goods carriage has full and adequate information about the dangerous or
hazardous goods being transported; and
(d) That the driver of the goods carriage is
trained in handling the dangers posed during transport of such goods.
(2) Every consignor shall supply to the owner of the goods carriage, full and adequate information about the dangerous or hazardous goods being transported as to enable such owner and its driver to-
(a) Comply with the requirements of rules
129 to 137 (both inclusive) of these rules; and
(b) be aware of the risks created by such
goods to health or safety of any person.
(3) It shall be the duty of the consign or
to ensure that the information is accurate and sufficient for the purpose of
complying with the provisions of rules 129 to 137 (both inclusive) of these
rules].
1. Substituted by GSR 338 (E) dt.
26-3-1993.
1[132. Responsibility of the transporter or owner
of goods carriage
(1) It shall be the responsibility of the
owner of the goods carriage transporting any dangerous or hazardous goods to
ensure the following, namely,-
(A) That the goods carriage has a valid
registration to carry the said goods and the said carriage is safe for the
transport of the said goods; and
(b) The vehicle is equipped with necessary
first-aid, safety equipment, tool box and antidotes as may be necessary to
contain any accident.
(2) Every owner of a goods carriage shall,
before undertaking the transportation of dangerous or hazardous goods in this
goods carriage, satisfy himself that the information given by the consignor is
full and accurate in all respects and corresponds to the classification of such
goods specified in rule 137. -
(3) The owner of a goods carriage shall
ensure that the driver of such carriage is given all the relevant information
in writing as given in Annexure V of these rules in relation to the dangerous
or hazardous goods entrusted to him for transport and satisfy himself that such
driver has sufficient understanding of the nature of such goods and the nature
of the risk involved in the transport of such goods and is capable of taking
appropriate action in case of an emergency.
(4) The owner of the goods carriage carrying
dangerous or hazardous goods, and the consignor of such goods shall lay down
the route for each trip which the driver shall be bound to take unless directed
or permitted otherwise by the police authorities. They shall also fix a time table for each trip to the destination
and back with reference to the route so laid down.
(5) It shall be the duty of the owner to
ensure that the driver of the goods carriage carrying dangerous or hazardous
goods holds a driving licence as per provisions of rule 9 of these rules.
(6) Notwithstanding anything contained in
rules l31 and l32, it shall be sufficient compliance of the provisions of these
rules if the consignor transporting dangerous or hazardous goods and the owner
of the goods carriage or the transporter, abides by these conditions within six
months after the date of coming into force of the Central Motor Vehicles
(Amendment) Rules, 1993].
1.
Substituted by GSR 338 (E) dt.
26-3-1993.
1[133. Responsibility of the driver
(1) The driver of a goods carriage
transporting dangerous or hazardous goods shall ensure that the information
given to him writing under sub-rule 3’ of rules 132 is kept in the driver’s
cabin and is available at all times while the dangerous or hazardous goods to
which it relates, are being transported.
(2) Every driver of a goods carriage
transporting any dangerous or hazardous goods shall observe at all times all
the directions necessary for preventing fire, explosion or escape of dangerous
or hazardous goods carried by him while the goods carriage is in motion, and
when it is not being driven he shall ensure that the goods carriage is parked
art a place which it is safe from fire, explosion and any other risk, and at
all times, the vehicle remains under the control and supervision of the driver
or some other competent person above the age of 18 years].
1. Substituted by GSR 338 (E) dt.
26-3-1993.
134. Emergency information panel
(1) Every goods carriage used for
transporting any dangerous or hazardous goods shall be legibly and
conspicuously marked with an emergency information panel in each of the three
places indicated in the Table below so that the emergency information panel
faces to each side of the carriage and to its rear and such panel shall contain
the following information, namely,-
(i) The correct technical name of the
dangerous or hazardous goods in letters not less than 50 millimetres high;
(ii) The class label of the dangerous or
hazardous goods of the size of not less then 260 millimetres square;
(iii) The name and telephone number of the
emergency services to be contacted in the event of fire or any other accident in
letters and numerals that are not less than 50 millimetres high and the name
and telephone number of the consignor of the dangerous or hazardous goods or of
some other person from whom expert information and advice can be obtained
concerning the measures that should be taken in the event of an emergency
involving such goods.
1[(2) The information contained
in sub-rule(l)shall also be displayed on the vehicle by means of a sticker
relating to the particular dangerous or hazardous goods carried in that particular
trip].
2[(3)] Every class label and
emergency information panel shall be marked on the goods carriage and shall be
kept free and clean from obstruction at all times.
1. Inserted by GSR 338 (E) dt. 26-3-1993.
2.
Renumbered by GSR 338 (E) dt. 26-3-1993.
PLACES
FOR FIXING EMERGENCY INFORMATION PANELS
136. Driver
to report to the police station about accident
137. Class
labels
TABLE II
Indicative Criteria
(a) Toxic chemicals:
Chemicals having the
following value of acute toxicity and which, owing to their physical and
chemical properties, are capable of producing major accident hazards.
|
LD50 (oral)* (mg/kg body weight) |
LD50 (cutaneous)** (mg/kg body weight) |
LC50*** (mg/1 inhalation) |
|
LD50 <5 to <200 |
LC50 <10 to <400 |
LD50 <0.1 to <2 |
(b) Flammable chemicals:
(i) Flammable gases: chemicals which in the
gaseous state at normal pressure and mixed with air become flammable and the
boiling point of which at normal pressure is 200C or below;
(ii) Highly flammable liquids: chemicals
which have a flash point lower than 210C and the boiling point of
which at normal pressure is above 200C.
(iii) Flammable liquids: chemicals which have a
flash point lower than 550C and which remain liquid under pressure,
where particular processing conditions, such as high pressure and high
temperature, may create major accident hazards.
(c) Explosives:
Chemical which may explode
under the effect of flame or which are more sensitive to shocks or friction
than dinitrobenzene.
* LD50 oral in rats
** LD50
cutaneous in rats or rabbits
*** LC50
by inhalation (four hours) in rats
TABLE III
List of Hazardous and Toxic Chemicals
|
CHEMICAL |
HAZARD CLASSIFICATION |
||
|
Acetaldehyde |
T |
F |
|
|
Acetic acid |
C |
|
|
|
Acetone |
|
F |
|
|
Acetone cyanohydrine (2-cyanofrofan-2-ol) |
T |
|
|
|
Acetonitrile |
T |
F |
|
|
Acetyl, chloride |
C |
F |
|
|
Acetylene (ethyne) |
F |
|
|
|
Acrolein (2-propenal) |
T |
F |
|
|
Acrylonitrile |
T |
F |
|
|
Aldicarb |
T |
|
|
|
Allyl alcohol (2-proper-l-OL) |
T |
F |
|
|
Allylamine |
T |
F |
|
|
Aminidiphenyl,-4 |
T |
|
|
|
Amiton |
T |
|
|
|
Ammonia |
T |
|
|
|
Ammonium nitrates |
T |
F |
|
|
Ammonium nitrates in fertilizers |
E |
R |
|
|
Ammonium sulfamate |
|
|
|
|
Amyl acetate |
T |
F |
|
|
Anabasine |
T |
|
|
|
Aniline |
T |
|
|
|
Anisidine-p |
T |
|
|
|
Antimony and compounds Antimonyhydride (stibine) |
T T |
C F |
|
|
Arsenic hydride (arsine) |
T |
|
|
|
Arsenic pentoxide, arsenic (V) acid and salts |
T |
|
|
|
Arsenic trioxide, arsenous (III) acids and salts |
T |
|
|
|
Azinphos-ethyl |
T |
|
|
|
Azinphos-methyl |
T |
|
|
|
Barium azide |
E |
|
|
|
Benzene |
T |
F |
|
|
Benzidine |
T |
|
|
|
Benzidine salts |
T |
|
|
|
Benzyl peroxide |
T |
E |
|
|
Benzyl chloride |
T |
|
|
|
Beryllium (powders, compounds) |
T |
|
|
|
Bis (2, 4, 6-trinitrophenyl) amine |
T |
E |
|
|
Bis (2, chlorethyl, sulphide) |
T |
|
|
|
Bis (chlormethyl) ether |
T |
|
|
|
Bis (Ter-butylperoxy, butane, 2-2) |
|
R |
|
|
Bis(ter-butylperoxy)cyclohexane-1,1 |
|
R |
|
|
Boron and compounds |
T |
|
|
|
Bromine |
T |
|
|
|
Bromoform |
R |
|
|
|
Butadiene-1-3 |
T |
R |
|
|
Butanone-2 |
T |
R |
|
|
Butyl alcohol |
|
R |
|
|
Butyl peroxyisobutrate, tert |
|
R |
|
|
Butyl peroxyisobutyrate, tert |
R |
|
|
|
Butyl peroxyisopropyl carbonate, tert |
R |
|
|
|
Butyl peroxymaleate, tert |
R |
R |
|
|
Butyl peroxypivalate, tert |
R |
R |
|
|
Butylamine |
C |
R |
|
|
Cadmium and compounds |
T |
|
|
|
Cadmium oxide (fumes) |
R |
T |
|
|
Carbaryl (Sevin) |
F |
|
|
|
Carbofuran |
T |
|
|
|
Carbon disulphide |
T |
|
|
|
Carbon monoxide |
T |
F |
|
|
Carbon tetrachloride |
T |
F |
|
|
Carbophenothion |
T |
|
|
|
Cellulose nitrate |
T |
|
|
|
Chlorates (used in explosives) |
E |
F |
|
|
Chlorfenvinphos |
E |
|
|
|
Chlorine |
T |
|
|
|
Chlorine oxide |
T |
|
|
|
Chloroacetalchloride |
|
|
|
|
Chlorobenzene |
|
|
|
|
Chlorodiphenyl |
T |
F |
|
|
Chloroform |
|
|
|
|
Chloroformyl, 4 niorpholine |
T |
|
|
|
Chloromethyl methylether |
T |
|
|
|
Chloroprene |
T |
F |
|
|
Chlorosulphonic acid |
C |
|
|
|
Chloronitrobenzene |
T |
E |
|
|
Chromium and compounds |
|
|
|
|
Cobalt and compounds |
T |
|
|
|
Copper and compounds |
T |
|
|
|
Crimidine |
T |
|
|
|
Crotonaldehyde |
T |
F |
|
|
Cumene |
|
|
|
|
Cyanothoate |
T |
|
|
|
Cyclohexane |
F |
|
|
|
Cyclohexanon |
T |
F |
|
|
Cycloheximide |
T |
|
|
|
Cyclopentadiene |
T |
F |
|
|
Cyclotetramethylenetetranitramine |
E |
|
|
|
Cyclotrimethylene trinitramine |
E |
|
|
|
DDT |
T |
|
|
|
Demeton |
T |
|
|
|
Di-n-propylperoxydicarbonate |
R |
|
|
|
Di-sec-butylperoxydicarbonate |
R |
|
|
|
Dialifos |
T |
|
|
|
Diazodinitrophenol |
E |
|
|
|
Dibenzylperoxydicarbonate |
R |
|
|
|
Dicholorobenzene-o |
T |
|
|
|
Dichlorobenzene-p |
T |
|
|
|
Dichlorophenoxy acetic acid, 2,4(2,4-d)- |
T |
|
|
|
Dichlorovos (DDVP) |
T |
|
|
|
Diethylamine |
R |
|
|
|
Diethylamine ethanol |
T |
|
|
|
Diethylene glycol dinitrate |
T |
|
|
|
Dihdroperoxypropane, 2,2 |
E |
|
|
|
Di-isobutyl peroxide |
R |
|
|
|
Diisopropylamine |
R |
|
|
|
Dimefox |
C |
F |
|
|
Dimethyl formamide |
T |
|
|
|
Dimethyl phosphoramidocyanidic acid |
T |
|
|
|
Dimethyl sulphate |
T |
|
|
|
Dimethylamine |
|
|
|
|
Dimethylaniline |
T |
|
|
|
Dimethylcarbomyl chloride |
T |
|
|
|
Dimethylnitrosamine |
T |
|
|
|
Dinitrobenzene |
T |
|
|
|
Dinitrophenol, salts |
T |
E |
|
|
Dinitrotoluene |
|
|
|
|
Dinitro-o-cresol |
|
|
|
|
Dioxane |
T |
F |
|
|
Diphcione |
T |
|
|
|
Disulfoton |
T |
|
|
|
Epichlorohydrin |
T |
F |
|
|
EPN |
T |
|
|
|
Ethion |
T |
|
|
|
Ethyl acetate |
F |
|
|
|
Ethyl alcohol |
F |
|
|
|
Ethyl amine |
T |
|
|
|
Ethyl bromide |
T |
|
|
|
Ethyl chloride |
T |
|
|
|
Ethyl ether |
|
|
|
|
Ethyl mercaptan |
T |
F |
|
|
Ethyl nitrate |
T |
E |
R |
|
Ethylene chlorohydrine |
T |
|
|
|
Ethylene damine |
C |
F |
|
|
Ethylene dibromine (1, 2-dibromoethane) |
T |
|
|
|
Ethylene glycol dinitrate |
T |
E |
|
|
Ethylene oxide |
T |
E |
R |
|
Ethylenamine |
T |
F |
|
|
Fluenetil |
T |
|
|
|
Fluoride |
T |
|
|
|
Fluoro,-4, -2 hydroxybutyric acid and salts,
esters, amides |
T |
|
|
|
Fluoroacetic acid and salts, esters and amides |
T |
|
|
|
Fluorobutyric acid, 4 and salts, esters, amides |
T |
|
|
|
Fluorodrotonic acid, 4 and salts, esters, amides |
T |
|
|
|
Formaldehyde |
T |
|
|
|
Furfural |
T |
|
|
|
Glycolonitrile (Hydroxyacetonitrile) |
T |
|
|
|
Guanyl, -1, 4 nitrosaminoguanyt-I tetrazene |
E |
|
|
|
Heptachlor |
E |
|
|
|
Hexachlorodibenzo-p-dioxin-1, 2, 3, 7, 8, 9, |
|
|
|
|
Hexamethylphosphoramide |
T |
|
|
|
Hexamethyl, -3 3, 61 6, 9, 9, -1, 2, 4, 5,
tetroxacyclononane |
|
R |
|
|
Hexanitrostilbene 2, 2, 4, 6, 6 |
|
E |
|
|
Hydrazine |
T |
F |
|
|
Hydrazine nitrate |
E |
E |
|
|
Hydrogen |
|
F |
R |
|
Hydrogen chloride (liquefied gas) |
T |
|
|
|
Hydrogen cyanide |
T |
F |
|
|
Hydrogen fluoride |
T |
C |
|
|
Hydrogen selenide |
T |
|
|
|
Hydrogen sulphide |
T |
F |
|
|
Iodine |
|
|
|
|
Isobenzene |
T |
|
|
|
Isodrin |
T |
|
|
|
Isopropylamine |
C |
F |
|
|
Juglon (5-hydroxynaphthalene 1, 4-dione) |
T |
|
|
|
Lead (inorganic fumes and dusts) |
|
|
|
|
Lead 2,4, 6, -trinitroresorcinoxide (lead
styphnate) |
|
E |
|
|
Lead azide |
T |
|
|
|
Lindane |
T |
|
|
|
Maltel anhydride |
T |
|
|
|
Manganese and compounds |
|
|
|
|
Mercury alhyl |
|
|
|
|
Mercury fulminate |
E |
|
|
|
Mercury methyl |
|
|
|
|
Methyl acetate |
F |
|
|
|
Methyl acrylate |
T |
F |
|
|
Methyl alcohol |
F |
|
|
|
Methyl amine |
F |
|
|
|
Methyl bromide (bromomethane) |
T |
|
|
|
Methyl chloride |
T |
|
|
|
Methyl chloroform |
T |
F |
|
|
Methyl cyclohexane |
|
F |
|
|
Methyl ethyl ketone peroxide |
|
R |
|
|
Methyl isobutyl ketone peroxide |
|
R |
|
|
Methyl isocyanate |
T |
F |
|
|
Methyl styrene |
T |
|
|
|
Methyl chloride |
T |
|
|
|
Methylenebis, 4, 4, (2-chloroaniline) |
T |
|
|
|
Mevinphos |
|
|
|
|
Molybdenum and compounds |
|
|
|
|
Morpholine |
C |
F |
|
|
N-methyl-N, 2, 4, 6, N-tetranitroaniline |
|
E |
|
|
Naphtha (coal tar) |
|
F |
|
|
Naphthalene |
T |
|
|
|
Naphthylamine-2 |
T |
|
|
|
Nickel and compounds |
T |
|
|
|
Nickel tetracarbonyl |
T |
F |
|
|
Nitroaniline-P |
T |
|
|
|
Nitrobenzene |
T |
|
|
|
Nitrochlorobenzene-p |
T |
|
|
|
Nitroethane |
T |
F |
|
|
Nitrogen dioxide |
T |
|
|
|
Nitrogen oxides |
T |
|
|
|
Nitroglycerine |
T |
E |
|
|
Nitrofrofane-1 |
T |
F |
|
|
Nitrofrofane-2 |
T |
F |
|
|
Oleum |
C |
|
|
|
00-diethyl S-ethylsulphonylmethyl phosphorothioate |
T |
|
|
|
00-diethyl S- ethylsulphonylmethyl phosphorothiate |
T |
|
|
|
00-diethyl S-ethylthiomethyl phosphorothioate |
T |
|
|
|
00-diethyl S-isoprophylthiomethyl
nhosphorodithioate |
T |
|
|
|
00-diethyl S-propylthiomethyl phosphorodithioate |
T |
|
|
|
Oxydisulfuton |
T |
|
|
|
Oxygen (liquid) |
|
O |
|
|
Oxygen difluoride |
T |
|
|
|
Ozone |
|
|
|
|
Paraoxon (diethyl 4-nitrophenyl phosphate) |
T |
|
|
|
Parathion |
T |
|
|
|
Parathion methyl |
T |
|
|
|
Pensulfothion |
T |
|
|
|
Pentaborane |
T |
F |
|
|
Pentachlorophenol |
T |
|
|
|
Pentaerythritolteranitrate |
T |
E |
|
|
Peracetic acid |
C |
R |
|
|
Perchloroethylene |
T |
|
|
|
Perchloromethyl mercaptan |
|
|
|
|
Pentanone, 2,4, methyl |
T |
F |
|
|
Phenol |
T |
|
|
|
Phorate |
T |
|
|
|
Phosaoetin |
T |
|
|
|
Phosgene (carbonyl chloride) |
T |
|
|
|
Phosphamidon |
T |
|
|
|
Phosphine (hydrogen phosphide) |
T |
F |
|
|
Phophorus and compounds |
T |
F |
|
|
Phthalic anhydride |
|
|
|
|
Picric acid (2,4,6-trinitreo phenol) |
T |
E |
|
|
Promurit [1-(3,4- dichlorophenyl)-3-triazenetho
carboxamide] |
|
|
|
|
Propanesulfone-1.3 |
T |
|
|
|
Propane,1,2 chloro-1-3-diol-diacetate |
T |
|
|
|
Propyl acetate-n |
|
F |
|
|
Propyl alcohol |
|
F |
|
|
Propylene dichloride |
|
|
|
|
Propylene oxide |
|
R |
|
|
Propylenamine |
T |
|
|
|
Pyrazoxon |
T |
|
|
|
Pyridine |
T |
F |
|
|
Puinone |
|
|
|
|
Lelenium hexafluoride |
T |
|
|
|
Sodium chlorate |
E |
R |
O |
|
Sodium hydroxide |
C |
|
|
|
Sodium nitrate |
T |
D |
|
|
Sodium picramate |
T |
E |
|
|
Sodium selenite |
T |
|
|
|
Styrene, 1,1,2,2,-tetrachloroethane |
T |
F |
|
|
Sulotep |
T |
|
|
|
Sulphur dichloride |
T |
|
|
|
Sulphur
dioxide |
T |
|
|
|
Sulphuric acid |
|
|
|
|
Tellurium |
|
|
|
|
Tellurium hexafluoride |
T |
|
|
|
TEPP |
T |
|
|
|
Tetrachlorodibenzo-p-dioxin, 2, 3, 7, 8 (TCDD) |
T |
|
|
|
Tetraethyl lead |
T |
|
|
|
Tetrahydrofuran |
T |
F |
|
|
Tetramethylenedisulphotetramine |
T |
|
|
|
Tetramethyl lead |
|
|
|
|
Tetranitromethane |
T |
|
|
|
Thallium and compounds |
T |
|
|
|
Thionazin |
T |
|
|
|
Thionyl chloride |
C |
|
|
|
Tirpate |
T |
|
|
|
Toluene |
T |
F |
|
|
Toluene-2-4 di-isocyanate |
T |
|
|
|
Toluedine-0 |
T |
|
|
|
Tri, I,(cyclohexyl, stannyl-lH-1, 2, 4, triazole) |
T |
|
|
|
Triamino, 1, 3,5, 2,4,6, trinitrobenzene |
T |
E |
|
|
Trichloroethylene |
T |
|
|
|
Trichloromethanesulphenyl chloride |
T |
|
|
|
Triethylamine |
C |
F |
|
|
Triethylenemelamine |
T |
|
|
|
Trinitroaniline |
T |
E |
|
|
Trinitroanisole, -2,4, 6 |
T |
E |
|
|
Trinitrobenzene |
T |
E |
|
|
Trinitrobenzoic acid |
T |
E |
|
|
Trinitrocresol |
T |
E |
|
|
Trinitrophenetole,2,4,5 |
T |
E |
|
|
Trinotroresorcinol,2,4,6 (styphnic acid) |
T |
E |
|
|
Trinitrotoluene |
|
|
|
|
Triorthocresyl phosphate |
|
|
|
|
Turpentine |
|
|
|
|
Uranium and compounds |
T |
|
|
|
Vanadium and compounds |
T |
|
|
|
Vinyl chloride |
T |
E |
|
|
Vinyl toluene |
T |
E |
|
|
Warfarin |
T |
|
|
|
Xylene |
T |
F |
|
|
Xylidine |
T |
|
|
|
Zinc and compounds |
|
|
|
|
Xironium and compounds |
|
F |
O |
C-Corresive E-Explosive F-Flammable
O-Oxidising R-Reactive T-Toxic
CHAPTER-VI
CONTROL OF
TRAFFIC
138. Signals and additional safety measures for
motor cycle.
(1) The driver of a motor cycle shall make
such signals and on such occasions as are specified in the regulations made
under section 118.
(2) The driver of a motorcycle shall, in addition to the safety measures mentioned in sub-section (1) of section 128, comply with the requirements of rule 123.
139. Production of licence and certificate of
registration
The driver or a conductor of
a motor vehicle shall produce certificates of registration, insurance, fitness
and permit, the driving licence and any other relevant documents on demand by
any police office in uniform or any other officer authorised by the State
Government in this behalf, and if any or all of the documents are not in his
possession, he shall produce in person an extract or extracts of the documents
duly attested by any police officer of by any other officer or send it to the
officer who demanded the documents by registered post within 15 days from the
date of demand.
CHAPTER VII
INSURANCE OF
MOTOR VEHICLES
AGAINST THIRD
PARTY RISKS
In this
Chapter, unless the context otherwise requires-
(i) “Accounting year” means the year
commencing on the first day of April, and ending with the 31st day of March of the
following year;
(ii) ‘Approved list” means the list of
foreign insurers and their guarantors maintained by the Central Government
under these rules;
(iii) “Authority” means the Central Government
or a State Government or any local authority or any State Transport
Undertaking, motor vehicles owned by whom have been exempted from compulsory
insurance under sub-section (2) of section 146;
(iv) “Bank’ means a company which accepts, for
the purpose of lending or investment, deposits of money from the public
repayable on demand or otherwise, and the withdrawal by cheque, draft, order or
otherwise.
Explanation: Any company which is engaged in the manufacture of goods or
carries on any trade and which accepts deposits of money from the public merely
for the purpose of financing its business as such manufacturer or trader shall
not be deemed to be a bank within the meaning of this clause;
(v) ‘Certificate of foreign insurance’ means
a certificate issued by a foreign insurer in Form 57 in compliance with these
rules;
(vi) “Foreign insurer” means a person or firm
carrying on the business of insurance incorporated or domiciled outside India
and not registered under the Insurance Act, 1938 (4 of 1938);
(viii) “Government security” means a government
security as defined in the Public Debt Act, 1944 (18 of 1944);
(ix) “Guarantor” means an insurer who has
guaranteed a foreign insurer in pursuance of these rules, and “guarantee”,
“guaranteed” and “guaranteeing” have corresponding meanings;
(x) “Visitor” means a person bringing a
motor vehicle into India and making only a temporary stay therein not extending
to a continuous period of more than one year.
Inland Insurance
An authorized insurer
shall issue to every holder of policy of insurance, a certificate
of insurance in
Form 51 in respect of each such vehicle.
(1) Every cover note issued by an authorized
insurer shall be in Form 52.
(2) A cover note referred to in sub-rule (l)
shall be valid for a period of sixty days from the date of its issue and the
insurer shall issue a policy of insurance before the date of expiry of the
cover note.
143. Issue of certificate and cover notes
Every certificate of insurance or cover note issued by an insurer in compliance with the provisions of this Chapter shall be duly authenticated by such person as may be authorised by the insurer.
144. Transfer of certificate of insurance
When the ownership of a
motor vehicle covered by a valid insurance certificate is
transferred to another person together with the policy of insurance relating thereto the policy of insurance of such vehicle shall automatically stand transferred to that other person from the date of transfer of ownership of the vehicle and the said person shall within fourteen days of the date of transfer intimate to the authorised insurer who has insured the vehicle, the details of the registration of the vehicle, the date of transfer of the vehicle, the previous owner of the vehicle and the number and date of the insurance policy so that the authorised insurer may make the necessary changes in his record.
145. Exclusion of advertising matter
No certificate of insurance
or cover note issued in pursuance of Chapter XI of the
Act and of this Chapter shall contain any advertising matter either on the face or on the back thereof.
146. Certificates or cover notes lost,
destroyed, torn, soiled, defaced or mutilated
(1) Where the holder of a policy-
(a) Lodges with an authorised insurer a
declaration in which he declares that a certificate of insurance or cover note
issued to him by such insurer has been lost, destroyed, torn, soiled, defaced
or mutilated and sets out full particulars of the circumstances connected with
the loss or destruction of the certificate or cover note and the efforts made
to find it; or
(b) Return to the authorised insurer the
certificate of insurance or cover note issued to him by such insurer in a torn,
soiled, defaced or mutilated condition; and
(c) Pays to the insurer a fee of rupees
twenty in respect of each such certificate or cover note, the authorised
insurer shall, if satisfied that such certificate or cover notes has been lost
or destroyed and that all reasonable efforts have been made to find it, or that
it has been destroyed or is soiled, defaced or mutilated, as the case may be,
issue in lieu thereof a duplicate certificate of insurance or cover note with
the word “Duplicate” prominently endorsed to the effect.
(2) When a duplicate certificate or cover
note has been issued in accordance with the provisions of sub-rule (1) on
representation that a certificate or cover note has been lost, and the original
certificate or cover note is afterwards found by the holder, the original
certificate or cover note, as the case may be, shall be surrendered to the
insurer.
147. Records to be maintained by authorised
insurers
Every authorised insurer
shall keep a record of the following particulars in respect of every policy of
insurance issued by him for a period of five years, namely, -
(i) Full name and address of the person to
whom the policy is issued;
(ii) In the case a policy relating to a specified motor vehicle, the registration mark and the number of such vehicle and in other cases, description of the vehicle covered;
(iii) The date on which the policy of insurance
comes into force and the date of its expiry;
(iv) The conditions subject to which the
person or classes of persons specified in the policy of insurance will be
indemnified;
(v) The number and date of issue of every
certificate of insurance or cover note issued in connection with the policy of
insurance;
(vi) The date, if any, on which any duplicate
certificate of insurance or cover note was issued;
(vii) Whether, after the issue of duplicate, the
original certificate of insurance was found and subsequently surrendered to the
insurer and if so, on which date.
148. Record of exempted vehicles
(1) In the case of a motor vehicle owned by
any of the authorities specified in sub-section (2) of section 146 as also in
the case of motor vehicles exempted under sub-section (3) of section 146, a
certificate in Form 53 signed by a person authorised in that behalf by such
authorities may be produced in evidence that the motor vehicle is not being
driven in contravention of section 146.
(2) The authority referred to in sub-section
(2) or exempted under sub-section (3) of section 146 shall keep a record the
motor vehicles owned by it in respect of which a policy of insurance has not
been obtained and of any certificate issued by it under these provisions in
respect of such vehicle, and of the names and addresses of the persons to whom
such certificates have been issued and of the cancellation of any such
certificates.
Any person, authority or authorised insurer required under the provisions of this Chapter to keep records of the documents shall furnish on request without any charge any particulars thereof to the Central Government or a State Government or to any police officer authorised in this behalf by the State Government.
150. Furnishing of copies of reports to Claims
Tribunal
(1) The police report referred to in
sub-section (6) of section 158 shall be in Form 54.
(2) A registering authority or a police
officer who is required to furnish the required information to the person
eligible to claim compensation under section 160, shall furnish the information
in Form 54, within seven days from the date of receipt of the request and on
payment of a fee of rupees ten.
(1) Each of the authorities referred to in
sub-section (3) of section 146 shall establish a fund for meeting any liability
arising out of the use of any motor vehicle of that authority or any person in
its employment may incur to third parties including liability arising under the
Workmen’s Compensation Act, 1923 (8 of 1923).
(1) The fund shall be established with an initial
amount of not less than rupees five lakhs and the said amount shall be kept in
deposit with a bank or the government.
(2) Subject to the provisions of sub-rule
(3), the authority shall pay into the fund at the beginning of each accounting
year in respect of its vehicles in running condition a sum of not less than
rupees two hundred per vehicle.
Explanation: In this sub-rule “vehicles in running condition” means all the
vehicles of the authority which are expected to be in operation at any time during
the accounting year.
(3) When the fund exceeds rupees twenty lakh
or rupees two thousand and five hundred per vehicle for the entire fleet of
vehicles, whichever is less, annual payment referred to in sub-rule (2) shall
cease, provided that if thereafter the amount at the credit of the fund falls
below rupees twenty lakhs or rupees two thousand and five hundred per vehicle
for the entire fleet of vehicles, whichever is less, such annual payment shall
again be resumed:
PROVIDED
that if any authority other than the Central Government is of opinion that the
amount of rupees twenty lakhs or rupees two thousand and five hundred per
vehicle for the entire fleet of vehicles, whichever is less, is not adequate,
it may, with the previous approval of the Central Government continue the
annual payment beyond rupees twenty lakh or rupees two thousand and five
hundred per vehicle, as the case may be.
From the amount at the
credit of the fund the authority shall keep and maintain a cash deposit of not
less than rupees fifty thousand in the bank and the rest of the amount at the
credit of the fund shall be invested in government securities.
154. Securities held as a deposit in the fund
(1) All government securities in which the
fund is invested shall be transferred to the bank by the authority.
(2) It shall be competent for the authority
at any time to exchange the government securities for cash or for other
government securities of equal or greater market value, or both, and the bank
shall carry out the instructions issued by the authority for such exchange
after charging the usual commission to the authority. The securities so exchanged shall also be transferred to the
bank.
(1) As soon as the fund is established, the
bank shall send to the authority a statement specifying the assets held by it
on behalf of the authority and shall also send a copy thereof to the Central
Government in the Ministry of Surface Transport or the State Government
concerned, as the case may be.
(2) The statement referred to in sub-rule
(1) shall be sent in the same manner and to the same authorities whenever there
is a change in the assets of the authorities held by the bank.
Interest
realised on each deposit or the securities held in the fund shall be paid by
the bank to the
authority.
(1) No amount shall be withdrawn from the
fund except for the purpose of meeting any liability arising out of the use of
any motor vehicle of the authority which the authority or any person in the
employment of the authority may incur to third parties including liability
arising under the Workmen’s Compensation Act, 1923 (8 of 1923).
(2) The authority shall, subject to such conditions
and restrictions as it may impose in this behalf, authorise one of its officers
to draw money from the fund for the purpose mentioned in sub-rule (1)
(3) A copy of the authorisation referred to
in sub-rule (2) duly authenticated by a competent officer of the authority
shall be sent to the bank which shall permit withdrawal only by the officer
named in such authorisation subject to the conditions and restrictions
contained therein.
The authority shall comply with such directions as the Central Government or the State Government, as the case may be, may, from time to time, issue, with respect to the procedure to be followed for settlement of claims which are to be met out of the funds.
Foreign Insurance
(1) The Central Government shall publish in
the Official Gazette a list (hereinafter referred to as the approved list) of
foreign insurers who have been guaranteed in accordance with the provision of this
Chapter, together with the name of the guarantor or guarantors in each case and
shall also publish from time to time any addition to or removal from the
approved list.
(2) No foreign insurer’s name shall be added
to the approved list until such foreign insurer has been guaranteed by at least
one insurer and the name of the foreign insurer who ceases to have at least one
guarantor shall be removed from the list.
160. Guarantor of foreign insurer
(1) An insurer who desires to guarantee a
foreign insurer shall make application therefor to the Central Government in
Form 55.
(2) The Central Government may, if it is
satisfied that the application referred to in sub-rule (1) is in order and that
it is expedient that the foreign insurer be placed in the approved list or,
where the name of the foreign insurer is already included in the approved list,
that the insurer should be added to the approved list as guarantor of the
foreign insurer, and the name of the foreign insurer to the approved list if it
is not already included, and includes the insurer as a guarantor of such
foreign insurer.
(3) A guarantor desiring to cease
guaranteeing a foreign insurer shall give notice of not less than two months to
the Central Government in Form 56, and where such notice has been given, the
guarantor shall be deemed to have ceased to guarantee the foreign insurer from
the date specified in the notice:
PROVIDED that the insurer
shall be deemed, in respect of all certificates of foreign insurance endorsed
or renewed in accordance with the provisions of sub-rule (2) of rule 161 before
the date of such cessation, to continue as the guarantor of the foreign insurer
who has issued the certificate as if the guarantor had not ceased to be his
guarantor.
(4) If at any time a guarantor ceases to be
an insurer, the Central Government may, after giving such notice as may appear
to it to be necessary, remove from the approved list the name of such guarantor
wherever it appears:
PROVIDED that the guarantor
who ceases to be an insurer shall be deemed, in respect of all certificates of
foreign insurance endorsed in pursuance of the provisions of sub-rule (2) of
rule 161 before the date of removal of the name of the guarantor from the
approved list, to continue as the guarantor of the foreign insurers as if the
guarantor had not ceased to be an insurer and as if his name had not been
removed from the list.
161. Endorsement of certificate of foreign
insurance
(1) A visitor wishing to have a certificate
of foreign insurance endorsed or re-endorsed shall produce such certificate in
Form 57 before the Customs Collector at a port of entry or land customs port or
to such other officer as the Central Government may, by notification in the
Official Gazette appoint, for the purpose of endorsement in accordance with the
provisions of this Chapter or for the purpose of the renewal of any endorsement
already made on the certificate in accordance with this Chapter.
(2) Such officer shall, if satisfied that the certificate of foreign insurance complies with the requirements of the provisions of this Chapter, that the period of validity of such certificate in India has not expired, that the certificate has been issued by a foreign insurer in the approved list and that the guarantor specified in the certificate is shown in the approved list as a guarantor of the foreign insurer, make an endorsement thereon in Form 58.
(3) The
period of validity of an endorsement or the renewal of an endorsement made as aforesaid
shall not in any case extend beyond the date on which the certificate of
foreign insurance ceases to be effective in India:
PROVIDED that when a visitor
obtains a fresh certificate of foreign insurance during the period of his stay
in India, the period of validity of an endorsement or endorsements that may
have been made upon the original certificate, shall not exceed one year in all.
162. Validity of certificate of foreign insurance
A certificate of foreign insurance carrying an endorsement in accordance with the provisions of rule 161 shall have effect as if it were a certificate of insurance issued by the guarantor specified in it and shall be deemed to comply with the requirements of Chapter XI of the Act; and the policy to which it relates shall also be deemed to have been issued by such guarantor and to comply with the requirements of Chapter XI of the Act.
163. Maintenance of records by the guarantor
Every guarantor shall in respect of certificates of foreign insurance issued under his guarantee by the foreign insurer whom he has guaranteed and every person who has ceased to be a guarantor shall, in respect of the certificate of foreign insurance issued under his guarantee by the foreign insurer whom he had guaranteed at any time in the preceding five years, keep a record of such particulars relating to the policies in connection with which the certificates of foreign insurance were issued as are required to be kept by insurers under the provisions of rule 147 in respect of policies, and the necessary additions to those records required to make them up to date shall be made as soon as is reasonably possible in the circumstances.
CHAPTER VIII
OFFENCES, PENALTIES AND PROCEDURE
164. Offences for the purpose of section 208
The offences for
the purpose of sub-section (1) of section 208 shall be-
(a) Driving during the period of
disqualification (section 23);
(b) Failure to stop the vehicle when it is
involved in an accident (section 132);
(c) Obtaining or applying for a driving licence
without giving particulars of endorsement (section 182)
(d) Driving dangerously (section 184);
(e) Driving while under the influence of
drinks or drugs (section 185);
(f) Abetment of an offence under section
184 or section 185 or section 188;
(g) Taking part in unauthorised race or
trial of speed of any kind (section 189);
(h) Altering a driving licence or using an
altered licence;
(i) Any other offence punishable with
imprisonment in the commission of which a motor vehicle was used.