Notification, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 10th December, 2018

G.S.R. 1192(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 vide number

G.S.R 371(E), dated the 16 th day of April, 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 thereby before the expiry of the period of thirty days from the date on which copies of the Gazette containing the said notification were made available to the public;

And whereas, copies of the said Gazette notification were made available to the public on the 16 th day of April, 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 section 27 and 110 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. Short title and commencement. - (1) These rules may be called the Central Motor Vehicles (Seventeenth Amendment) Rules, 2018.

(2) Save as otherwise provided, they shall come into force on the date of their publication in the Official Gazette.

2. In the Central Motor Vehicles Rules, 1989 (hereinafter referred as the principal rules), in rule 2,-

(i) clause (i) shall be re-numbered as clause (ia) thereof and before clause (ia) as so re-numbered, the following clause shall be inserted, namely: - ‘(i) “Category L” means the motor vehicles with less than four wheels and is a quadricycle;’;

(ii) clause (j) shall be re-numbered as clause (ib) thereof and after clause (ib) as so re-numbered, the following clauses shall be inserted, namely: - “(ic) “Category L5” means a three wheeled motor vehicle with maximum speed of 25 km/h and engine capacity of 25 cc, if fitted with a thermic engine, or motor power exceeding 0.25 kW, if fitted with electric motor and the vehicle shall normally used for (a) carrying persons; or (b) carrying goods. Semi-trailer may be attached, where, -

(a) handle bar or steering wheel is fitted;

(b) gross vehicle weight is limited to 1,500 kg, subject to the conditions specified in clause (d);

(c) in the case of semi-trailers being attached to a three wheeled tractor, the gross combination weight be limited to 2,500 kg subject to the conditions specified in clause (d); and

(d) weight of traction batteries in the case of battery operated three wheelers shall not be taken into account for calculating the GVW or GCW and for the purpose of classification;

(id) “Category L5-M” means a three wheeler passenger carrier (Auto-Rickshaw) on account of its technical features intended to carry passengers;

(j) “Category L5-N” means a three wheeler goods carrier on account of its technical features intended to carry goods;

A three wheeler may fall under the category of ‘L5-M- Passenger carrier (Auto rickshaw)’or ‘L5-N- Goods Carriage’ depending on the weight of persons including driver for whom seating arrangements are provided is more than or less than the weight of goods carried. three wheeler may fall under the category of L5-N (Goods Carrier), if, -

(a) a separate load body or compartment is provided for carrying the goods;

(b) the number of seating positions excluding the driver is not more than three; and

(c) the weight of goods carried by the vehicle is more than weight of persons carried, as calculated by following formula:

Where A= Vehicle weight in the kerb weight condition (as defined in IS 9211:2003, as amended time to time) + 68 kg. In the case of electric vehicles, the weight of traction batteries is to be subtracted from the kerb weight.

B= Number of seating positions excluding the driver;

(iii) in clause (l), in the Note -

(a) for the words, letters and figures “Annexure-I of AIS 053:2005,” the words, letters and figures “Annex A of IS 14272: 2011,” shall be substituted;

(b) for the words, letters, figures and brackets “time to time till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).” the words, letters and figures “time to time. Certificates issued prior to the date of implementation of IS: 14272:2011 in place of AIS: 053:2005 shall continue to be valid.” shall be substituted.

(iv) in clause (o), -

(a) for the letters and figures “AIS 053:2005”, the letters and figures “IS 14272: 2011” shall be substituted;

(b) for the words, letters, figures and brackets “time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).” the words, letters, and figures “time to time. Certificates issued prior to the date of implementation of IS: 14272:2011 in place of AIS: 053:2005 shall continue to be valid.” shall be substituted;

(v) in clause (r), in the Note, -

(a) for the letters and figures “AIS 053:2005,”, the letters and figures “IS 14272: 2011,” shall be substituted;

(b) for the words, letters, figures and brackets “time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).” the words, letters and figures “time to time. Certificates issued prior to the date of implementation of IS: 14272:2011 in place of AIS: 053:2005 shall continue to be valid.” shall be substituted.

3. In the principal rules, in rule 96, in sub-rule (4), after clause (i) the following clauses shall be inserted, namely- “(ia) for three wheelers manufactured on and after the 1 st day of April, 2020 as per IS: 14664:2010, as amended from time to time;

(ib) for two wheelers manufactured on and after six months from the date of notification or the 1st day of April or October, whichever comes earlier, as per IS: 14664:2010, as amended from time to time.”.

4. In the principal rules, in rule 104, -

(i) sub-rule (2) shall be omitted;

(ii) for sub-rule (4), the following sub-rule shall be substituted, namely: - “(4) The reflectors referred to in this rule and in rule 110 fitted with motor vehicles, manufactured on and after the 1 st day of October, 2019, shall be of reflex type conforming to AIS-057 (Rev. 1): 2010 standard as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016).”;

(iii) sub-rule (5) shall be omitted.

5. In the principal rules, in rule 104-A, for sub-rule (vi), the following sub-rule shall be substituted, namely: - “(vi) the reflect reflectors referred to in this sub-rule, shall be reflex type conforming to AIS-057 (Rev.1):2010 standard as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016) for the vehicles manufactured on and after the 1 st day of October, 2019.”.

6. In the principal rules, in rule 104-B, for sub-rule (2), the following sub-rule shall be substituted, namely: - “(2) The reflectors referred to in sub-rule (1) fitted with agricultural tractors manufactured on and after the 1 st day of October, 2019, be of reflex type conforming to AIS-057 (Rev.1): 2010 standard as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016).”.

7. In the principal rules, in rule 104C, for sub-rule (1), the following sub-rule shall be substituted, namely: - “(1) Every power tiller manufactured on and after the 1 st day of October, 2019, shall be fitted with two white reflex reflectors of not less than seven square centimeters reflecting area in front of the power tiller, and one on each side and visible to oncoming vehicles from the front at night, conforming to AIS-057 (Rev.1): 2010 standards as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016).”.

8. In the principal rules, in rule 110, after the second proviso, the following proviso shall be inserted, namely: - “Provided also that the first and second proviso shall not apply to three wheelers with overall width not exceeding 1400 mm manufactured on and after the 1 st day of October, 2019.”.

9. In the principal rules, in rule 124A, -

(i) after sub-rule (1), the following sub-rule shall be inserted, namely: - “(1A) The bulbs of the lighting and light-signaling devices specified in sub-rule (1) used on agricultural tractors manufactured on and after the 1 st day of October, 2019, shall conform to AIS-034 (Part 1) (Rev.1): 2010 standard as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016): Provided that S1 and C21 categories of bulbs specified in AIS-034 (Part 1) (Rev.1): 2010 standard shall not be used in lighting and light-signaling devices of agricultural tractors manufactured on and after the 1 st day of October, 2019:

Provided further that R2 category of bulbs specified in AIS-034 (Part 1) (Rev 1): 2010 standard shall not be used in headlamps of agricultural tractors manufactured on and after the 1 st day of October, 2019.”;

(ii) after sub-rule (2), the following sub-rule shall be inserted, namely: - “(2A) The lighting and light-signaling devices of agricultural tractors manufactured on and after the 1st day of October 2019, shall be in accordance with AIS-030 (Rev.1): 2012 standard as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016).”;

(iii) for sub-rule (5), the following sub-rules shall be substituted, namely: - “(5) The tow hook wherever used in combine harvester shall be in accordance with IS: 12362 (part 2) standard as amended from time to time.

(5A) On and after the 1 st day of October 2019, the mechanical couplings for agricultural tractor shall be in accordance with AIS-091(Part 2): 2012 standard as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016). (5B) On and after the 1 st day of October 2019, the front coupling device where ever provided for agricultural tractor shall be in accordance with AIS-109:2012 standard as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016).”.

10. In the principal rules, in rule 124B, for sub-rule (1), the following sub-rule shall be substituted, namely: - “(1) For the power tillers manufactured on and after the 1 st day of October, 2019, the bulbs used for lighting and light signaling devices on power tillers, -

(a) the head light main and dip;

(b) the parking light;

(c) the direction indicator lamp;

(d) the tail lamp;

(e) the reversing lamp;

(f) the stop lamp;

(g) the rear registration mark illuminating lamp, shall be in accordance with AIS-034(Part 1) (Rev. 1): 2010 standard as amended from time to time till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016): Provided that S1 and C21 categories of bulbs specified in AIS-034(Part 1) (Rev. 1): 2010 standard as amended from time to time, shall not be used in lighting and light-signaling devices of power tillers manufactured on and after the 1st day of October, 2019:

Provided further that R2 category of bulbs specified in AIS-034(Part 1) (Rev. 1): 2010 standard as amended from time to time, shall not be permitted for use in head lamps for power tillers manufactured on and after the 1 st day of October, 2019.”.

11. In the principal rules, in rule 125, in sub-rule (2), -

(i) for the first and second proviso, the following provisos shall be substituted, namely: - “Provided that -

(a) for L5 category (three wheeled vehicles) without body work and L1 and L2 categories (two wheeled vehicles) manufactured on and after the 1st day of October, 2019, the rear view mirror specification and installation requirements shall be as specified in AIS-001 (Part 2) (Rev.1):2011 and AIS-002 (Part 2)(Rev.1):2011 standard respectively, as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016);

(b) for L5 category (three wheeled vehicles) with body work manufactured on and after the 1st day of October, 2019, the rear view mirror specification and installation requirements shall be as specified in AIS-001 (Part 1) (Rev.1): 2011 and AIS-002 (Part 1) (Rev.1): 2011 standard respectively, as amended from time to time, till such time corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016);

(c) for M and N category vehicles manufactured on and after the 1 st day of October, 2019, the rear view mirror specification and installation requirements shall be as specified in AIS-001 (Part 1) (Rev.1): 2011 and AIS-002 (Part 1) (Rev.1): 2011 standard respectively, as amended from time to time, till such time corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016):

Provided further that, for L7 category vehicles manufactured on and after the 1 st day of October, 2019, the rear view mirror specification and installation requirements shall be as specified in AIS-001 (Part 1) (Rev.1): 2011 and AIS-002 (Part 1) (Rev.1): 2011 standard respectively, as amended from time to time, till such time corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016):”

(ii) after the third proviso, the following proviso shall be added- “Provided also that on and after the 1st October, 2019, for agricultural tractors, the rear view mirror specifications and installation requirements shall conform to AIS-001 (Part 1) (Rev.1): 2011 and AIS:114-2009 standards respectively as amended from time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016).”.

12. In the principal rules, in rule 126, after the second proviso, the following proviso shall be inserted, namely: - “Provided also that the procedure for type approval and certification of agricultural tractors shall be in accordance with AIS-017 (Part 2) (Rev.2): 2016 standard as amended from time to time.”. [No. RT-11028/11/2014-MVL Part- 1] 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 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