Rule, 2016
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 AUTHORITY
No. 120] NEW DELHI, MONDAY, FEBRUARY 22, 2016/ PHALGUNA 3 , 1937
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 22nd February, 2016
G.S.R. 188(E).—Whereas, the draft rules further to amend the Central Motor Vehicles Rules, 1989 were published, as required by 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. 914(E), dated the 26th November, 2015, 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 said notification containing the draft rules were made available to the public;
And whereas, copies of the said Gazette notification were made available to the public on the 26th November, 2015;
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 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. (1) These rules may be called the Central Motor Vehicles (Second Amendment) Rules, 2016.
(2) 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 to as principal rules) in rule 105, in sub-rule (1),--
(i) in clause (b), the words “motor cycles,” shall be omitted;
(ii) after clause (b), the following clause shall be inserted, namely:- “(bb) every two wheeler manufactured on and after the 1st April, 2017, shall have one or two head lamps, conforming to the applicable standards in force for performance and installation requirements as notified by the Central Government from time to time vide according to sub-rule (1) of rule 124, which shall automatically switch on when the engine is running:
Provided that, the above condition of the head lamp being lit when the engine is running is deemed to be satisfied if daytime running lamp is provided, conforming to the applicable standards in force for performance and installation requirements as notified by the Central Government from time to time, which shall be lit automatically if the engine is running:
Provided further that the daytime running lamp shall be lit off automatically if the engine is running and the head lamp is switched on;”. [No. RT-11036/14/2015-MVL] 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 2ndJune, 1989 and last amended vide notification number
G.S.R. 133(E), dated the 29th January, 2015. and Published by the Controller of Publications, Delhi-110054.
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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