Notification, 2018

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.

4120 DG/2018 (1) REGISTERED No. D.L.-33002/99

GOVERNMENT OF INDIA

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 156] DELHI, WEDNESDAY, JULY 18, 2018/ASHADHA 27, 1940 [N.C.T.D. No. 584 —IV

GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI

¼1½ ¼2½ ¼3½ 2 DELHI GAZETTE : EXTRAORDINARY PART IV] ¼1½ ¼2½ ¼3½ cl

TRANSPORT DEPARTMENT

NOTIFICATION

Delhi, the 17th July, 2018 F. No. MLO(VIU)/TPT/2017/165/315.—In exercise of the powers conferred by sub-rule (2) of rule 118 of the Central Motor Vehicles Rules, 1989 and clause (41) of section 2 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) the Lieutenant Governor of the National Capital Territory of Delhi, in supersession of earlier notification bearing No. PCO/STA/II/2001/PF-2/194, dated 24.02.2003, hereby orders that, every transport vehicle registered prior to the 1 st October, 2015, which are not already fitted with a speed governor (speed limiting device or speed limiting function), and are not covered under the first proviso to sub-rule (1) of rule 118 of the Central Motor Vehicles Rules, 1989 shall be equipped or fitted by the operator of those vehicles [PART IV DELHI GAZETTE : EXTRAORDINARY 3 with a speed governor (speed limiting device or speed limiting function) conforming to the AIS Standard 018/2001, as amended from time to time, having maximum pre-set speed as specified below:

TABLE

S.

No. Vehicle category Maximum Pre-set speed in Kilometer per hour

(i) Transport vehicles covered with All India Tourist Permits, Interstate Permits and National Permits, save as provided in (ii) below

(ii) Dumpers, tankers and vehicles carrying hazardous goods. 60

(iii) School buses covered by any permit, all transport vehicles covered with permits to ply only within the National Capital Territory of Delhi or National Capital Region and all transport vehicles exempted from the necessity of permits

(iv) Airport Passenger bus referred to in rule 93-C of the Central Motor Vehicles Rules, Provided that out of the categories of vehicles mentioned in (iii) tabulated above and registered on or after 1st October, 2015 & covered by the Hon’ble Supreme Court Order dated 20TH November 1997, in the matter of M.C. Mehta Vs Union of India & Ors. in WP(C)

No.13029 of 1985 i.e. heavy and medium transport vehicles, and light goods vehicles being four wheeler shall also be equipped or fitted with a speed governor (speed limiting device or speed limiting function) having maximum pre-set speed of 40 Kilometer per hour.

(2) Every speed governor (speed limiting device or speed limiting function) shall be type approved for the particular model of the vehicle by any one of the testing agencies specified under rule 126 of the Central Motor Vehicles Rules, 1989.

(3) The retro-fitment of Speed Limiting Device shall be in accordance with guidelines issued by the Ministry of Road Transport and Highways, Govt of India and Hon’ble Supreme Court Committee on Road Safety from time to time.

(4) Every speed limiting device shall be sealed by the concerned vehicle manufacturer or the manufacture of concerned speed limiting device or their authorized representative, whosoever fitted the speed limiting device with a type of seal specified by the Transport Department, Government of NCT of Delhi.

(5) The owner / driver of every vehicle equipped with the speed governor (speed limiting device or speed limiting function) shall produce a certificate issued by the concerned vehicle manufacturer or the manufacturer of concerned speed governor (speed limiting device or speed limiting function) or their authorized representative, whosoever fitted the speed governor, confirming the maximum pre-set speed specified herein above, at the time of production of vehicle for grant or renewal of certificate of fitness.

Provided that the issuance of said certificate should have been made within fifteen days prior to the date of production of vehicle for grant or renewal of certificate of fitness. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, and Published by the Controller of Publications, Delhi-110054.

ALOK KUMAR

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