Notification, 2016

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 817] NEW DELHI, MONDAY, NOVEMBER 28, 2016/AGRAHAYANA 7, 1938

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 28th November, 2016

G.S.R. 1095(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. 478 (E), dated the 2nd May, 2016 in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), inviting objections and suggestions from affected persons 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 public;

And whereas, copies of the said Gazette notification were made available to the public on the 2nd May, 2016; 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 clause (k) of sub-section (1) of section 110 of the Motor Vehicles Act, (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 (Twentieth Amendment) Rules, 2016.

(2) They shall come into force on the 1st day of April, 2018.

2. In the Central Motor Vehicles Rules, 1989, after rule 125 G, the following rule shall be inserted, namely.- “125 H. Provision of vehicle location tracking device and emergency button.-

(1) All public service vehicles, as defined under clause (35) of section 2 of the Act, shall be equipped with or fitted with vehicle location tracking device and one or more emergency buttons: Provided that this rule shall not apply to the following category of vehicles, namely:-

(i) two wheelers;

(ii) E-rickshaw;

(iii) three wheelers; and

(iv) any transport vehicle for which no permit is required under the Act.

(2) The specifications, testing and certification of the vehicle location tracking device and emergency button referred to in sub-rule (1) shall be in accordance with AIS-140: 2016, as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of

(3) The vehicle location tracking device and emergency button referred to in sub-rule (1) shall be fitted by the manufacturer or their dealer or the respective operator, as the case may be, in accordance with AIS-140: 2016, as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986.”.

ABHAY DAMLE, 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 2nd June, 1989 and last amended vide notification number

G.S.R.1034(E) dated the 2nd November, 2016 and Published by the Controller of Publications, Delhi-110054.

ALOK KUMAR

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