CENTRAL MOTOR VEHICLES RULES, 1989

 

CHAPTER-I

PRELIMINARY

 

1.         Short title and commencement 

 

2.         Definitions

 

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

General

 

3.         General.

 

4.         Evidence is to the correctness of address and age.

 

5.         Medical certificate

 

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

 

13.       Form of learner’s licence

 

Driving licence

           

14.       Application for a driving licence

           

15.       Driving test

           

16.       Form of driving licence.

           

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

 

22.       Endorsement by courts

 

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.

 

30.       Procedure for appeal.

 

31.       Syllabus for importing instruction in driving of motor vehicles.

 

31A.    Temporary licence.

 

32.       Fees

 

CHAPTER III

REGISTRATION OF MOTOR VEHICLES

Trade Certificate

           

33.       Condition for exemption from registration

 

34.       Trade certificate.

 

35.       Grant or renewal of trade certificate.

 

36.       Refund.

           

37.       Period of validity

 

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.

           

46.       Procedure for 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.

 

55.       Transfer of ownership.

 

56.       Transfer of ownership on death of owner of the vehicle.

 

57.       Transfer of ownership of vehicle purchased in public auction.

 

58.       No-objection certificate.

 

59.       Change in residence.

 

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.

 

69.       Power of registering authority to suspend or cancel the letter of authority or forfeit security deposit 

 

70.       Appeal.

 

71.       Procedure for 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

 

74.       Assignment of registration marks to the vehicles belonging to the Central Government used for defence purposes

 

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

           

76A.    Application of rules 76 to 80 to organisations notified under the United Nations (Privileges and Immunities) Act, 1947

           

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.

                       

CHAPTER IV

CONTROL OF TRANSPORT VEHICLES

Tourist PerMits

           

82.       Tourist permits.

           

83.       Authorisation fee.

 

84.       Right of operation.

 

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.

                       

CHAPTER V

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

           

94.       Condition of tyres.

           

95.       Size and ply rating of tyres.

 

Brakes, Steering Gears, Safety Glass and Windscreen Wipers

                       

96.       Brakes.

                       

97.       Brakes for trailers.

                       

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.

                       

104.     Fitment of reflectors.

                       

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.

           

135.     Driver to be instructed.

           

136.     Driver to report to the police station about accident.

           

137.     Class labels.

 

CHAPTER VI

CONTROL OF TRAFFIC

           

138.     Signals and additional safety measures for motor cycle.

           

139.     Production of licence and certificate of registration.

 

CHAPTER VII

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.

           

149.     Supply of information.

           

150.     Furnishing of copies of reports to Claims Tribunal.

           

151.     Establishment of fund.

           

152.     Amount of the fund.

           

153.     Investment of the fund.

 

154.     Securities held as a deposit in the fund.

 

155.     Deposit procedure.

 

156.     Interest on deposit.

 

157.     Withdrawal.

 

158.     Settlement of claims.

 

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.

 

CHAPTER VIII

OFFENCES, PENALTIES AND PROCEDURE

           

164.     Offences for the purpose of section 208.

           

 

FORMS

 

ANNEXURES

 

 

 

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.

 

11.       Preliminary test

 

(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.

 

15.       Driving test

 

(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.

 

16.       Form of driving licence:

 

(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.

 

19.       Refund of fee

 

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.

 

22.       Endorsement by courts

 

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.

 

29.       Appeal

 

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.

 

30.       Procedure for appeal

 

(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[31A.  Temporary licence

 

(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.

 

32.       Fees

 

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.

 

34.       Trade certificate

 

(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.

 

36.       Refund

 

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.

 

37.       Period of validity

 

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.

 

45.       Appeal

 

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.

 

46.       Procedure for appeal

 

(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.

 

55.       Transfer of ownership

 

(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.

 

58.       No-objection certificate

 

(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.

 

59.       Change in residence

 

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.

 

69.       Power, of registering authority to suspend or cancel the letter of authority or forfeit security deposit

 

(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.

 

70.       Appeal

 

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.

 

71.       Procedure for appeal

 

(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

 

74.       Assignment of registration marks to the 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.

 

1[76A. Application of rules 76 to 80 to organisations notified under the United Nations (Privileges and Immunities) Act, 1947

 

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

 

81.       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

 

82.       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.

 

83.       Authorisation fee

 

(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.

 

84.       Right of operation

 

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

 

91.       Definitions

 

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.

 

92.       General       

 

(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

 

 94.      Condition of tyres  

 

(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

 

96.       Brakes

 

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.]

 

97.       Brakes for trailers

 

(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.

 

98.       Steering gears

 

(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.

 

100.     Safety glass

 

(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[101.  Windscreen wiper

 

(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,

 

105.     Lamps

 

(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.

 

106.     Deflection of lights

 

(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.

 

1[107.  Top lights

 

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.

 

1[109.  Parking light

 

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

 

112.     Exhaust gases

 

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

 

117.     Speedometer

 

(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.

 

118.     Speed governor

 

(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

 

119.  Horns                       

 

(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.

 

120.     Silencers

 

(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.

 

1[125.  Commencement

 

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.

 

1[126A.  Testing agencies

 

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.

 

1[129A.  Spark arrester

 

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.

 

 

TABLE

 

PLACES FOR FIXING EMERGENCY INFORMATION PANELS

OF VEHICLES AND DIMENSIONS

 

135.     Driver to be instructed

 

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

 

140.     Definitions

 

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

 

141.     Certificate of 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.

 

142.     Cover notes

 

(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.

 

149.     Supply of information

 

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.

 

151.     Establishment of fund

 

(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).

 

152.     Amount of the fund

 

(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.

 

153.     Investment of the fund

 

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.

 

155.     Deposit procedure

 

(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.

 

156.     Interest on deposit

 

Interest realised on each deposit or the securities held in the fund shall be paid by

the bank to the authority.

 

157.     Withdrawal

 

(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.

 

158.     Settlement of claims

 

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

 

159.     List of foreign insurers

 

(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.

 

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