Notification, 2016

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 314] NEW DELHI, MONDAY, MAY 2, 2016/ VAISAKHA 12, 1938

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 2nd May, 2016

G.S.R. 473(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. 789(E), dated the th October, 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 19 th October, 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 (Fifth 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 (hereafter referred as the said rules), in rule 123, after the first proviso, the following proviso shall be inserted, namely:- “Provided that on and after 1st October, 2016, a light weight container may be fitted on a motorcycle provided it meets the following requirements:

(i) the dimensions of the container shall not exceed 550 mm in length, 510 mm in width and 500 mm in height;

(ii) weight of the container including its mounting and the load carried in the container shall not exceed 30 kgs;

(iii) if such container is fitted on the pillion rider space, then no pillion rider shall be allowed: Provided that the weight of container including its mounting and the load carried in the container, shall be within the permissible Gross Vehicle Weight in kg, specified by the vehicle manufacturer and also approved by the test agency referred to in rule 126;

(iv) if such container is fitted behind the pillion rider space then no pillion rider should be allowed to be seated:

Provided that the weight of the pillion rider, and weight of the container including its mounting and the load carried in the container, shall be within permissible Gross Vehicle Weight in kg, specified by the vehicle manufacturer and also approved by the test agency referred to in rule 126.”. [No. RT-11036/53/2012-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 2 nd June, 1989 and last amended vide notification number and Published by the Controller of Publications, Delhi-110054.

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