Notification, 2016

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. 439] NEW DELHI, FRIDAY, JUNE 24, 2016/ASHADHA 3, 1938

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 24th June, 2016

G.S.R. 629(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. 203 (E), dated the 29 th February, 2016 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 29th February, 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 (m) 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 Rules, 1989, namely: —

1. (1) These rules may be called the Central Motor Vehicles (Seventh 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, for rule 115D, the following rule shall be substituted, namely:- “115D: Retro-fitment of hybrid electric system or electric kit to vehicles.—

(1) The Retro-fitment of hybrid electric system kit to vehicles having Gross Vehicle Weight not exceeding 3500 kg. shall be permitted if---

(a) the vehicle intended for retro-fitment complies with following conditions, namely:-

(i) it conforms to Bharat Stage-II or subsequent emission norms;

(ii) it belongs to category M1 or category M2 or category N1 with Gross Vehicle Weight not exceeding 3500 kg.;

(iii) it is fuelled by either gasoline or diesel fuel;

(iv) it was not retrofitted earlier;

(v) it shall not be fuelled by any other alternate fuel;

(b) the mass emission standards for vehicles so retrofitted shall be the same as prevalent for corresponding petrol or diesel vehicles as applicable for the year of manufacture of the said vehicle;

(c) the vehicle, after retro-fitment, shall meet the requirement of AIS-123 (Part 1): 2013 as amended from time to time till such time as corresponding Bureau of Indian Standard specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986): Provided that for the purpose of hybrid electric system kit approval, kit manufacturer or supplier shall obtain the type approval certificate from a test agency specified in rule 126 and the validity of such certificate shall be three years from the date of its issue;

(d) the installation of type approved hybrid electric system kit shall be done only by an installer authorised by the hybrid electric system kit manufacturer or supplier, and the installer shall adhere to the installer’s responsibilities and the Code of Practice detailed in the AIS-123 (Part 1): 2013, as amended from time to time, till such time as corresponding Bureau of Indian Standards (BIS) specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986):

(e) the vehicle is manufactured in the period of manufacture of the prototype retrofitted vehicle on which kit has been tested, type approved and the date of validity of applicable emission norms prescribed for such category of vehicles:

Provided that responsibility of vehicle retro-fitted with Hybrid Electric System Kit shall be transferred from OEM to kit manufacturer or supplier, for the parts added or affected by Hybrid Electric System kit retro- fitment , except in case of zero kilometer fitment.

(2) The Retro-fitment of hybrid electric system kit to vehicles having Gross Vehicle Weight exceeding 3500 kg. shall be permitted if---

(a) the vehicle intended for retro-fitment complies with following conditions, namely:-

(i) it conforms to Bharat Stage-II or subsequent emission norms;

(ii) it belongs to category M & N with Gross Vehicle Weight exceeding 3500 kg.;

(iii) it was not retrofitted earlier;

(iv) it is not provided with permits for carrying dangerous or hazardous good, as defined in Central Motor Vehicle Rules, 1989;

(b) the vehicle, after retro-fitment, shall meet the requirement of AIS-123 (Part 2): 2016, as amended from time to time, till such time as corresponding Bureau of Indian Standard specifications are notified under the Bureau of Indian Standards Act. 1986 (63 of 1986): Provided that for the purpose of hybrid electric system kit approval, kit manufacturer or supplier shall obtain the type approval certificate from a test agency specified in rule 126 and the validity of such certificate shall be three years from the date of its issue;

(c) the installation of type approved hybrid electric system kit shall be done only by an installer authorised by the hybrid electric system kit manufacturer or supplier, and the installer shall adhere to the installer’s responsibilities and the Code of Practice detailed in the AIS-123 (Part 2): 2016, as amended from time to time, till such time as corresponding Bureau of Indian Standards (BIS) specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).

(d) The vehicle is manufactured after the year of manufacture of the prototype retrofitted vehicle on which such kit has been tested and type approved.

Provided that responsibility of vehicle retro-fitted with Hybrid Electric System Kit shall be transferred from OEM to kit manufacturer or supplier, for the parts added or affected by Hybrid Electric System kit retro- fitment, except in case of zero kilometer fitment.

(3) The conversion of vehicles for pure electric operation with fitment of electric kit shall be permitted if-

(a) The vehicle intended for conversion complies with following conditions, namely:-

(i) It belongs to category L5 or category M or category N1 or category N2;

(ii) It was manufactured on or after 1 st January 1990;

(iii) It is not provided with permits for carrying dangerous or hazardous goods, as defined in CMV Rules, 1989;

(b) the vehicle, after retro-fitment, shall meet the requirement of AIS-123 (Part 3): 2016, as amended from time to time, till such time as corresponding Bureau of Indian Standard specifications are notified under the Bureau of Indian Standards Act. 1986 (63 of 1986): Provided that for the purpose of electric kit approval, kit manufacturer or supplier shall obtain the type approval certificate from a test agency specified in rule 126 and the validity of such certificate shall be three years from the date of its issue;

(c) the installation of type approved electric kit shall be done only by an installer authorised by the electric kit manufacturer or supplier, and the installer shall adhere to the installer’s responsibilities and the Code of Practice detailed in the AIS-123 (Part 3): 2016, as amended from time to time, till such time as corresponding Bureau of Indian Standards (BIS) specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986):

(d) the vehicle is manufactured after the year of manufacture of the prototype converted vehicle on which such kit has been tested and type approved.

Provided that the responsibility of vehicle converted with Electric Propulsion Kit shall be transferred from OEM to kit manufacturer / supplier for the parts added or affected by Electric Propulsion Kit, except in case of zero kilometer fitment.” 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 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