Rule, 2015
A rule made under the The Motor Vehicles Act, 1988.
Made under The Motor Vehicles Act, 1988.
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 AUTHORHTY
REGD. NO. D. L.-33004/99
'ft. 3951 No. 395] NEW DELHI, TUESDAY, JUNE 16, 2015/JY AIS'fHA 26, 1937 2645 Gl/20 15 (1) J ~~m"
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 16th June, 2015
G.S.R.498(E).-Whereas, the draft rules further to amend the Central Motor Vehicles Rules, 1989, were published as required under sub-section (I) of section 2!2 of the Motor Vehicles Act, 1988 (59 of 198&) vide 28thNovember, 2014, and number G.S.R.Sl(E) dated the 23rd January, 2015, in the Gazette ofindia, Extraordinary, Part H, section 3, sub-se'ction (i), inviting objections and suggestions from ail persons before the expiry uf thirty days n-onl the date on which copies of the Gazette containing the said notifications were made available to public; And whereas, copies of the said Gazette notifications were made available to the public on 28th November, 2014 and the 23rd January, 2015, respectively;
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 (1) of section 110 read with sub-section(!) of section 52 of the Motor Vehicles Act, 1988 (59 of 19&8), the Central Government hereby makes the following rules further to amend the Central Motor Vehicles Rules, 1989, namely:-
I. (I)
These rules may be called the Central Motor Vehicles (Tenth Amendment) Rules, 2015. They shall come into force on the date of their final publication in the Official Gazette.
2. In the Central Motor Vehicles Rules, 1989 (hereinafter refened to as the principal rules), in rule 115, in sub-rule (2), in clause (ii), for the entries below the "TABLE (DIESEL VEHICLES)", the following entries shall be substituted, namely:- "The free acceleration test shall be canied out using meter type-approved under sub-rule (3) of rule 116 as given under:-
(a) three times flushing by free acceleration to be undertaken with or without the sampling probe in the vehicle exhaust, and average maximum rpm of the three flushings to be recorded;
(b) thereafter, with sample probe inserted in vehicle exhaust during each free acceleration, maximum no-load rpm reached shall be within the bandwidth of ±500 rpm of the average value in respect of 3cwheeled vehicles and ±300 rpm of the average value for all other categories of vehicles;
(c) the free acceleration test, mentioned in (b) above, shall be repeated minimum three times;
(d) the smoke density to be recorded shall be arithmetic mean of these three readings;
(e) In case the smoke density recorded is not within the limits, then, the test may be .repeated with engine oil temperature measured by a probe in the oil level dipstick tube to be at least 60° C: Provided that.the above test shall not be carried out if the On Board Diagnostic (OBD) Malfunction Indicator Lamp (MIL) of BS-IV vehicles is switched on; in such cases, the vehicle shall be re-submitted for the above test after repair or servicing:
·' Provided further that only for Type Approval purposes, all new models type-approved on or before the commencement of the Central Motor Vehicles (Tenth Amendment) Rules, 2015 and complying with the req11iremcnts of free acceleration smoke as provided in the Central Motor Vehicles (Amendment) Rules, 2012, published vide notification number GSR 1 03(E) dated 23rd February 2012, need not be re type: approved for compliance to tl1is sub rule."
3. In the principal mles, in rule 115B,- (A) after the opening portion beginning with the words "Mass emission standards for vehicles when operating on" and ending with the words, brackets, letters and figures "shall be replaced by Non-Methane Hydrocarbon (NMHC), where NMHC ~ 0.3 x HC.", the following provisos shall be inserted, namely:- "l'rovided that bio-compressed natural gas (bio-CNG) shall be permitted for motor vehicles as an alternate compo~ition of the compressed natural gas (CNG):
Provided· further that the mass emission standards applicable to compressed natural gas (CNG) vehicles under these rules shall be applicable to respective vehicles when they use bio-compressed naturai gas (bio-CNG): Provided also that lhe. bio-eon1pressed natural gas (bfu-C"t~G) composition meets the fuel· spcdficativn for bin compressed natural gas (bio-CNG) as per IS 16087 and meets the requirement ofSiloxanes max 0.1 ppm (calculated as Si)." (B) in sub-rule A, in clause (II) relating to "For in-use Gasoline Vehicles", in sub-clause (a), for paragraph (ii), the following paragraph shall be substituted, namely:- "(ii) for the vehicles manufactured on or after the lst April, 2000, and up to the 30th September, 2010, the type approval norms as specified in the Bharat Stage-II norms.";
(C) in sub-rule B, in clause (II) relating to "For conversion by modification of engines of In-use Diesel Vehicles", in sub-clause (c), for paragraph (ii),·the following paragraph shall be substituted, namely:- "(ii) for the vehicles manufactured on and after the 1st April, 2000 and up to the 30th September, 2010, the type approval norms as specified in the Bharat Stage ll norms;". ;
4. In the principal rules, in rule ll5C, in sub-rule (3), in clause (a), for sub-clause (ii), the~following sub-clause shall be substituted, namely:- "(ii) for the vehicles manufactured on or after the lstApril, 2000, and up to the 30th September, 2010, the type approval norms as specified in the Bharat Stage-II norms;".
[No. RT-11028/13/2012-MVL] Note : The principal rules were published in the, Gazette of India, Extraordinary, Part il, Section 3, Sub-section (i) vide
G.S.R 590(E) dated the 2nd June, 1989 and last amended vide number
G.S.R. 492(E) dated the 15-6-2015. ' Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Dclhi-110064 and Published by the Controller of Publications, Delhi-!! 0054.
Provisions this rule 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.
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