Rule, 2012

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.

J No. 6731

NEW DELBI, MONDAY, DECEMBER 31, 2012/PAUSA 10, 1934

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1'f<ll I 4 1HE GAZETI'E OF INDIA : EXTRAORDINARY

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 31st December, 2012

G.S.R. 943(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 631 (E), dated the 19thAugust, 2011 in the Gazette of India, Extraordina1y, 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 forty five 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 19thAugust, 2011;

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 (f) of sub-section (1) of 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 Ru!es, 1989, namely: -

1. (1) These rules may be called the Central Motor Vehicles (Fourth Amendment) Rules, 2012.

(2) They shall come into force with effect from the 1st day of April,

2. In the Central Motor Vehicl':!s Rules, 1989, for rule 118, the following rule shall be substituted, namely:a •111.Speed governor.- (1) All types of transport vehicles notified by the Central Government under sub-section (4) of section 41 of the Motor Vehicles Act, 1988 (59 of 1988) save as provided herein, and manufactured with effect from the 1st April, 2014 shall be equipped or fitted with a speed governor (speed limiting device or speed limiting function) with a-maximum pre-set speed of 80 kilometer per hour by the · vehicle manufactuter in the manufacturing stage or at the dealership · stage, conforming to the Standard AIS:018/2001, as amended from time to time:

Pr.cvided that the transport vehicles registered prior to .

the date specified in sub-rule (1) and as may be notified by the 1 State GG>vernments in their Official Gazette, if not already. fitted with a speed limiting device or speed limiting function, shall be equipped, or fitted by the operator of such transport vehicle with a speed governor or speed limiting function . having maximum pre-set speed of 80 kilometer per hour, conforming to the Standard AIS: 018/2001, as amended from time to time:

Provided further that transport category vehicles that are - (I)two wheelers;

{iii) vehicles with at least four wheels used for the carriage of passengers and their luggage, not exceeding 3500 kilogram gross vehide weight;

(iv) vehicles with at least four wheels used for carrying goods which may also carry persons in addition to the goods subject to the conditions specified in para 3.2 of AIS 053-2005, as amended from time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986) not exceeding 3500 kg gross vehicle weight;

(viii) vehicles operating on State permit or National , Goods Permit o, All India Tourist Permit; and

(xi) those transport vehicles whose maximum rated speed does not exceed the pre-set speed of 80 kilometer per hour, need not require installation of such speed governor (speed limiting device or speed limiting function).

(2) The speed limiting device on all applicable vehicles shall be fitted by the manufacturer or the dealer or the operator, as the case may be, in such a manner that the said device can be sealed with an official seal of the State Transport Authority or a Regional Transport Authority so that it cannot be removed or tampered with without breaking the seal:

i'rovided that the transport vehicles which are eq·?lpped or fitted with a speed limiting function, as specified in clause 3.4 of AIS 018/2001, which controls the speed of vehicles by an electronic control unit, shall not require to be sealed.

(3) The speed governor (speed limiting device or speed limiting function) shall be so set that the vehicle is incapable of being driven at a speed in excess of the maximum pre-set speed of the vehicle, except -

(i) down an incline; or ['11'1 II-? 3(i)] 7

(ii) as specified in clause 5. 7 .3.4.2 of AIS 018/2001.

Explanation.- For the purpose of this rule, it is clarified that on and from the date of commencement of the Central Motor Vehicles (Fourth Amendment) Rules, 2012, this rule shall prevail over all notifications issued by the State Governments in respect of speed governors." SANJAY BANDOPADHYAYA, Jl Secy.

Foot Note: The principal rules were notified in the Gazette oflndia vide

GS.R. 590(E) dated 2nd June, 1989 and last amended vide

GS.R. 625(E) dated the 8th August, 2012. Printed by the Manager. <:1overnmentof India Press, Ring Roa.!. Mayapilri, New Delhi-l IOOM and Published by the Controller of Publications, Delbi-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.

Other instruments under the same Act

All of the The Motor Vehicles Act, 1988