Notification, 2018

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 784] NEW DELHI, FRIDAY, NOVEMBER 2, 2018/KARTIKA 11, 1940

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 2nd November, 2018

G.S.R. 1081(E).—Whereas the draft rules further to amend the Central Motor Vehicles Rules, 1989, were published, as required under sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notification of the Government of India in the Ministry of Road Transport and Highways number

G.S.R. 643(E), dated the 12 th July, 2018 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) inviting objections and suggestions from all persons likely to be affected there by before the expiry of the period of thirty days from the date on which copies of the said notification containing the draft rules were made available to public; Whereas, copies of the said Gazette notification were made available to the public on the 12 th July, 2018;

And, whereas, the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government.

Now, therefore, in exercise of the powers conferred by sub-section (14) of section 88 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor Vehicles Rules, 1989, namely: —

1. (1) These rules may be called the Central Motor Vehicles (Fourteenth Amendment) Rules, 2018.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Central Motor Vehicles Rules, 1989(herein after referred to as the said rules), for rule 90, the following rule shall be substituted, namely: - “Rule 90. Additional conditions for national permit. - The national permit issued under sub-section (12) of section 88 shall be subject to the following additional conditions, namely: -

(1) The words “National Permit or N/P” shall be inscribed in the front and rear of the vehicles in bold letters. In case of trailers, the words “N/P” shall be inscribed on the rear and left side of the vehicle.

(2) The body of a tanker carrying dangerous or hazardous goods shall be painted in white colour and shall display the class label, as specified in rule 137,on both the sides and rear of the tanker.

(3) The vehicle shall be fitted with FASTag, as specified in rule 138A of the Central Motor Vehicles Rules, 1989 not later than 1 st October, 2019.

(4) Vehicle shall be affixed with reflective tapes at front and rear as specified under Rule 104.

(5) Vehicle shall be fitted with a Vehicle Tracking System device as per AIS 140.

(6) The vehicle shall not pick up or set down goods between two points in the same state, if restricted by the particular state.

3. In the said rule, in rule 62, in sub-rule (1),-

(i) for clause (b), the following clause shall be substituted, namely:- “(b) renewal of certificate of fitness in respect of transport vehicles Two years for vehicles up to eight years old and one year for vehicles older than eight years.”;

(ii) clause (c) and clause (d) shall be deleted;

(iii) in the proviso, in the Table, after Sl. No. 17, and the entries relating thereto, the following Sl. and entries shall be inserted, namely:-

(18) Fastag Yes No Yes No No To be affixed on the front wind screen

(iv) In the fourth proviso, after the explanation, the following proviso shall be inserted, namely:- “Provided further that no fitness certification shall be required at the time of registration for new transport vehicle sold as fully built vehicle and such vehicle shall be deemed to be having certificate of fitness for a period of two years from the date of registration.”

4. In the said rule, after rule 138-A, the following rule shall be inserted, namely:- “138 B. All goods carriage vehicles shall carry goods in a closed body of the vehicle or container: Provided that if it is necessary to carry goods in open bodies, goods shall be covered by using appropriate cover like tarpaulin or any other suitable material: Provided further that the goods of indivisible nature, not capable of being carried in a closed body or being covered as per the first proviso, may be carried without cover.”

5. In the said rule, in rule 139,-

(i) after the words “the driver or a conductor of a motor vehicle shall produce certificates” the words “in physical or electronic form” shall be inserted;

(ii) after the words “of registration, insurance, fitness and permit, the driving licence” the words “certificate for Pollution Under Check” shall be inserted.

PRIYANK BHARTI, Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number

G.S.R. 590(E), dated the 2 nd June, 1989 and last amended vide notification number th September, 2018.

and Published by the Controller of Publications, Delhi-110054.

MANOJ KUMAR VERMA

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Motor Vehicles Act, 1988