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CENTRAL MOTOR VEHICLES RULES, 1989

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R.1 Short title and commencement

       (1) These rules may be called the Central Motor Vehicles Rules, 1989.
       (2) Save as otherwise provided in sub-rule (3) 2[and sub-rule (2) of rule 103], these rules shall come into force on the 1st day of July, 1989.
       (3) The provisions of 2[rule 9,] sub-rule (3) of rule 16, sub-rule (4) of rule 96, 3[***] sub-rule (3) of rule 105, rule 113, sub-rules (2), (3), (4) or (5) of rule 115, rules 118, 122, 124, 125, 126 and 127 shall come into force on such date* as the Central Government may, by notification in the Official Gazette, appoint.
        
       —————
        1. Vide G.S.R. 590(E), dated 2nd June, 1989.
        2. Ins. by G.S.R. 933(E), dated 28th October, 1989 (w.e.f. 28-10-1989


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R.2 Definitions

       In these rules, unless the context otherwise requires—
        (a) “Act” means the Motor Vehicles Act, 1988 (59 of 1988);
        1[(b) “agricultural tractor” means any mechanically propelled 4-wheel vehicle designed to work with suitable implements for various field operations and/ or trailers to transport agricul­tural materials. Agricultural tractor is a non-transport vehicle.
        (c) “agricultural trailer” means a trailer generally left uncov­ered with single/double axle construction which is coupled to an Agricultural Tractor by means of two hooks and predominantly used for transporting agricultural materials;]
       2[(ca) “construction equipment vehicle” means rubber tyred, (including pneumatic tyred), rubber padded or steel drum wheel mounted, self-pro

R.4 Evidence as to the correctness of address and age

       Every applicant for the issue of a licence under this Chapter shall produce as evidence of his address and age, any one or more of the following documents in original or relevant extracts thereof duly attested by a Gazetted Officer of the Central Government or of a State Government or an officer of a local body who is equivalent in rank of a Gazetted Officer of the Government or Village Administration Officer or Municipal Corporation Councilor or Panchayat President, namely:—
        2[***]
        2. Electoral Roll,
        3. Life Insurance Policy,
        3[***]
        4. Passport,
         4[***]
        5[6. Pay slip issued by an

R.5 Medical Certificate

       1[(1)] Every application for the issue of a learne’s licence, or a driving licence or for making addition of another class of description of a motor vehicle to a driving licence or for rene­wal of a driving licence to drive a vehicle other than a transport vehicle shall be accompanied by a self declaration as to the physical fitness as in Form I and every such application for a licence to drive a transport vehicle shall be accompanied by a medical certificate in Form 1A issued by a registered medical practitioner referred to in sub-section (3) of section 8.]
       2[(2) An application for a medical certificate shall contain a declaration in Form 1.
       (3) A medical certificate issued in Form 1A shall be valid for a period of one year from the date of its issue. It shall be accom­panied by a passport size copy of the photograph of the appli­cant.]

R.6 Exemption from production of medical certificat

       Any person who has, after the date of commencement of these rules, produced a medical certificate in connection with the obtaining of a learner’s licence or a driving licence, whether for initial issuance or for renewal thereof, or for addition of another class of motor vehicles to his driving licence, shall not be required to produce a medical certificate, except where the application is made for the renewal of a driving licence.


R.7 Affixing of photograph to medical certificate

       A photograph of the applicant shall be affixed at the appropriate place shown in 1[Form 1A] and the registered medical practitioner shall affix his signature and seal to the said photograph in such a manner that the signature and the seal appear partly on the photograph and partly on the form of the medical certificate.
       2[***]
        
       —————
        1. Subs. by G.S.R. 933(E), dated 28th October, 1989 (w.e.f. 23-10-1989).
        2. Proviso omitted by G.S.R. 933(E), dated 28th October, 1989 (w.e.f. 28-10-1989).


R.8 .

       1[***]
        
       —————
        1. Rule 8 omitted by G.S.R. 933(E), dated 28th October, 1989 (w.e.f. 22-10-1989).
        


R.10 Application for learner’s licence

       An application for the grant or renewal of a learner’s licence shall be made in Form 2 and shall be accompanied by—
        (a) save as otherwise provided in rule 6, a medical certificate in 1[Form 1A]
        (b) three copies of the applicant’s recent 1[passport size photo­graph]
        (c) appropriate fee as specified in rule 32
        (d) in the case of an application for 2[transport vehicle], the driving licence held by the appli­cant.
        
       —————
        1. Subs. by G.S.R. 933(E), dated 28th October, 1989 (w.e.f. 28-10-1989).
        2. Subs. by G.S.R. 400(E), dated 31st May, 2002 (w.e

R.11 Preliminary test

       (1) Save as otherwise provided in sub-rule (2), every applicant for a learner’s licence shall present him­self before the licensing authority on such date, place and time, as the licensing authority may appoint, for a test and satisfy such authority that the applicant possesses adequate knowledge and understanding of the following matters, namely:—
        (a) the traffic signs, traffic signals and the rules of the road regulations made under section 118;
        (b) the duties of a driver when his vehicle is involved in an accident resulting in the death or bodily injury to a person or damage to property of a third party;
        (c) the precautions to be taken while passing an unmanned railway crossing; and
        (d) the documents he should carry with h

R.12 Consent of parent or guardian in the case of application by minor

       In the case of an application for a learner’s licence to drive a 1[motorcycle without gear] by an applicant under the proviso to sub-section (1) of section 4, the application shall be signed by the parent or guardian of the applicant.
        
       —————
        1. Subs. by G.S.R. 684(E), dated 5th October, 1999 (w.e.f. 22-10-1999) and again subs. by G.S.R. 76(E), dated 31st January, 2000 (w.e.f. 31-1-2000).


R.13 Form of learner’s licence

       Every learner’s licence issued by the licensing authority shall be in Form 3.


R.14 Application for a driving licenc

       1[(1)] An application for a driving licence shall be made in Form 4 and shall be accompanied by—
        (a) an effective learner’s licence to drive the vehicle of the type to which the application relates;
        (b) appropriate fee as specified in rule 32, for the test of competence to drive and issue of licence;
        (c) three copies of the applicant’s recent 2[passport size photo­graph];
        (d) save as otherwise provided in rule 6, a medical certificate in 2[Form 1A];
        (e) a driving certificate in Form 5 issued by the school or establishment from where the applicant received instruction, if any.
       3[(2) An application for an International Driving Permit

R.15 Driving test

       (1) No person shall appear for the test of competence to drive unless he has held a learner’s licence for a period of at least 1[thirty days.]
       (2) The test of competence to drive referred to in sub-section (3) of section 9 shall be conducted by the licensing authority or such other person as may be authorised in this behalf by the State Government in a vehicle of the type to which the applica­tion relates.
       (3) The applicant shall satisfy the person conducting the test that he is able to—
        (a) adjust the rear-view mirror;
        (b) take suitable precautions before starting the engine;
        (c) move away safely and smoothly straight ahead at an angle, while at the same time engaging all gears until th

R.16 Form of driving licence

       (1) Every driving licence issued or renewed by a licensing authority shall be in Form 6.
       (2) Where the licensing authority has the necessary apparatus, 1[for the issue of a laminated card type or Smart Card type driving licence, such card type or Smart Card type driving licence, as may be specified in the notification issued by the concerned State Government or Union Territory Administration,] shall be in Form 7.
       (3) On and from the date of commencement of this sub-rule, every driving licence issued or renewed by the licensing authority shall be in Form 7.
       2[(4) Every International Driving Permit issued by a licensing authority shall be in Form 6A and shall be valid for a period of not more than one year from the date of issue, as the case may be, or till the validity of the driving licence, w

R.17 Addition to driving licence

       (1) An application for addition of another class or description of motor vehicle to the driving licence shall be made in Form 8 to the licensing authority and shall be accompanied by—
        (a) an effective learner’s licence and driving licence held by the applicant;
        (b) in the case of an application for addition of a transport vehicle, the driving certificate in Form 5;
        1[***]
        (d) appropriate fee as specified in rule 32.
       (2) The provisions of sub-section (1), sub-section (3) and sub-section (4) of section 9 shall, insofar as may be, apply in relation to an application under sub-section (1) as they apply in relation to an application for the grant of a driving licence.
   &n

R.18 Renewal of driving licence

       (1) An application for the renewal of a driving licence shall be made in Form 9 to the licensing authority having jurisdiction over the area in which the applicant ordinarily resides or carries on business and shall be accompanied by—
        (a) appropriate fee as specified in rule 32,
        (b) three copies of the applicant’s recent 1[passport size photo­graph], if renewal is to be made in Form 6,
        (c) the driving licence,
        (d) the medical certificate in 1[Form 1A].
       (2) Where the driving licence authorises the holder of such licence to drive a transport vehicle as well as any other vehi­cle, then the licensing authority shall, subject to the produc­tion of medical certificate, renew such licence

R.19 Refund of fee

       Where the licensing authority rejects an application for the renewal of a driving licence under sub-section (5) of section 15, it shall refund half of the fee paid for such renewal to the applicant, on an application made by him in that behalf not later than thirty days from the date of receipt of the order rejecting the application.


R.20 Driving licence to drive motor vehicle belonging to the Defence Departm

       The authorities for the purpose of sub-section (1) of section 18 shall be—
        (i) all the officers-commanding of Units of Army of and above the rank of Major;
        (ii) all the officers-commanding of Units of Navy of and above the rank of Lieutenant-Commander;
        (iii) all the officers-commanding of Units of Air Force of and above the rank of Squadron Leaders.


R.21 Powers of licensing authority to disqualify

       For the purpose of clause (f) of sub-section (1) of section 19, the commission of the following acts by a holder of a driving licence shall consti­tute nuisance or danger to the public, namely:—
        (1) Theft of motor vehicle.
        (2) Assault on passengers.
        (3) Theft of personal effects of passengers.
        (4) Theft of goods carried in goods carriages.
        (5) Transport of goods prohibited under any law.
        1[(6) Driver while driving a transport vehicle, engages himself in activity which is likely to disturb his concentration.]
        (7) Abduction of passengers.
      &nb

R.22 Endorsement by court

       A court convicting a holder of a licence, for any one of the offences specified hereunder, shall endorse or cause to be endorsed in the driving licence, the par­ticulars of such conviction, namely:—
        (a) Driving without a licence, or without a licence which is effective, or without a licence applicable to the vehicle driven (section 3).
        (b) Allowing a licence to be used by another person [section 6(2)].
        (c) Driving when disqualified (section 23).
        (d) Driving an unregistered vehicle (section 39).
        (e) Driving a transport vehicle not covered by a certificate of fitness (section 56).
        (f) Driving a transport vehicle in contraventio

R.23 State Register of driving licences

       (1) Each State Govern­ment shall maintain a State Register of driving licences in respect of driving licences issued and renewed by the licensing authorities in the State in Form 10.
       (2) Each State Government shall send to the Director (Transport Research), Ministry of Surface Transport, New Delhi, a printed copy of the register referred to in sub-rule (1).


R.24 Driving schools and establishmes

       (1) No person shall establish or maintain any driving school or establishment for imparting instructions for hire or reward in driving motor vehi­cles without a licence in Form 11 granted by the licensing au­thority.
       (2) An application for the grant or renewal of a licence under sub-rule (1) shall be made in Form 12 or Form 13, as the case may be, to the licensing authority having jurisdiction in the area in which the school or establishment is situated and shall be accom­panied by appropriate fee as specified in rule 32.
       Explanation.—For the purposes of this rule and rules 25 to 28 “licensing authority” means an officer not below the rank of the Regional Transport Officer of the Motor Vehicles Department established under section 213.
       (3) The licensing authority shall, when considering an app

R.25 Duration of a licence and renewal thereof

       A licence granted in Form 11 shall be in force for a period of five years and may be renewed on an application in Form 13 made to the licensing authority which granted the licence not less than sixty days before the date of its expiry:
       1[Provided that the validity of the said licence shall be subject to fulfilling the criteria as prescribed by the State Government, which shall be certified by the licensing authority or any other authority as may be prescribed for the purpose by the State Government on an annual basis.]
        
       —————
        1. Added by G.S.R. 589(E), dated 16th September, 2005 (w.e.f. 16-9-2005).


R.26 Issue of duplicate licen

       (1) If at any time a licence granted under sub-rule (4) of rule 24 is lost or destroyed the holder of the licence shall forthwith intimate the loss to the licensing authority which granted the licence and shall apply in writing to the said authority, for a duplicate.
       (2) On receipt of an application along with the appropriate fee as specified in rule 32, the licensing authority shall issue a duplicate licence clearly marked “Duplicate”.
       (3) If after the issue of a duplicate certificate, the original is found, the same shall be surrendered forthwith to the licens­ing authority by which it was issued.


R.27 General conditions to be observed by the holder of a licence

       The holder of a licence granted under rule 24 shall,—
        (a) maintain on an annual basis, a register in Form 14 and an alphabetical list of the names of the students admitted during the year;
        (b) conduct the training course according to the syllabus speci­fied in rule 31;
          1[***]
        (d) issue to every student who has completed the course a cer­tificate in Form 5;
        (e) submit to the licensing authority which granted the licence such information or return as may be called for by it from time to time for the purposes of this Chapter;
        (f) not shift the school or establishment from the premises mentioned in the licence without the prior app

R.28 Power of the licensing authority to suspend or revoke lic

       (1) If the licensing authority which granted the licence is satisfied, after giving the holder of the licence an opportunity of being heard, that he has—
        (a) failed to comply with the requirements specified in sub-rule (3) of rule 24; or
        (b) failed to maintain the vehicles in which instructions are being imparted in good condition; or
        (c) failed to adhere to the syllabus specified in rule 31 in imparting instruction; or
        (d) violated any other provision of rule 27,
       it may, for reasons to be recorded in writing, make an order,—
        (i) suspending the licence for a specified period;
       

R.29 Appeal

       Any person aggrieved by any order of the licensing authority under sub-rule (5) of rule 24, rule 25 or rule 28 may, within thirty days of the date of receipt of such order, appeal to the head of the Motor Vehicles Department established under section 213.


R.30 Procedure for appe

       (1) An appeal under rule 29 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objections to the order of the licensing authority and shall be accompanied by a certified copy of the order ap­pealed against and appropriate fee as specified in rule 32.
       (2) The appellate authority, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem necessary, pass appropriate orders 1[within a period of forty five days from the date of receipt of such an appeal].
        
       —————
        1. Ins. by G.S.R. 589(E), dated 16th September, 2005 (w.e.f. 16-10-2005).


R.31(a) Temporary Licence

       (1) Where there is no school or establishment as is referred to in sub-section (4) of section 12 or licence granted under sub-rule (4) of rule 24, in any taluk within the jurisdiction of the licensing authority, the licensing authority may, notwithstanding anything contained in sub-rules (3) and (4) of rule 24 or rule 25, grant a temporary licence to any establishment or any person for imparting instruc­tions in the driving of a transport vehicle, subject to the fol­lowing conditions, namely:—
        (a) the temporary licence shall be valid for a period of one year from the date of its issue:
        Provided that as long as the taluk does not have any school or establishment, the licensing authori­ty may renew a temporary licence granted under this sub-rule for a further period not exceeding one year at a time;
   

R.33 Condition for exemption from registration

       For the purpose of the proviso to section 39, a motor vehicle in the possession of a dealer shall be exempt from the necessity of registration subject to the condition that he obtains a trade certificate from the registering authority having jurisdiction in the area in which the dealer has his place of business in accordance with the provisions of this Chapter.


R.34 Trade certificate

       (1) An application for the grant or renewal of a trade certificate shall be made in Form 16 and shall be accompanied by the appropriate fee as specified in rule 81.
       (2) Separate applications shall be made for each of the following classes of vehicles, namely:—
        (a) motorcycle;
        (b) invalid carriage;
        (c) light motor vehicle;
        (d) medium passenger motor vehicle;
        (e) medium goods vehicle;
        (f) heavy passenger motor vehicle;
        (g) heavy goods vehicle;
        (h) any other motor vehicle of a specifi

R.35 Grant or renewal of trade certificate

       (1) On receipt of an application for the grant or renewal of a trade certificate in respect of a vehicle, the registering authority may, if satisfied that the applicant is a bona fide dealer and requires the cer­tificates specified in the application, issue to the applicant one or more certificates, as the case may be, in Form 17 1[within thirty days from the date of receipt of such an application] and shall assign in respect of each certificate a trade registration mark consisting of the registration mark referred to in the notification made under sub-section (6) of section 41 and fol­lowed by two letters and a number containing not more than three digits for each vehicle, for example:—
       AB—Represent State Code.
       12—Registration District Code.
       TC1—Trade certificate number for the vehicle.
&n

R.36 Refund

       Where the registering authority refuses to issue or renew a trade certificate, it shall refund to the applicant fifty per cent of the fee paid along with the application.


R.37 Period of validity

       A trade certificate granted or renewed under rule 35 shall be in force for a period of twelve months from the date of issue or renewal thereof and shall be effective throughout India.


R.38 Issue of duplicate certificate

       (1) If at any time the trade certificate is lost or destroyed, its holder shall report to the police station in the jurisdiction of which the loss or destruc­tion has occurred and intimate the fact in writing to the regis­tering authority by whom the certificate was issued and apply in Form 18 to the said authority for a duplicate certificate accom­panied by the appropriate fee as specified in rule 81.
       (2) On receipt of an application along with the fee, the regis­tering authority may issue a duplicate trade certificate clearly marked “Duplicate”.
       (3) If after the issue of a duplicate certificate the original is traced, the same shall be surrendered forthwith to the register­ing authority by which it was issued.


R.39 Use of trade registration mark and number

       (1) A trade registration mark and number shall not be used upon more than one vehicle at a time or upon any vehicle other than a vehicle bona fide in the possession of the dealer in the course of his busi­ness or on any type of vehicle other than the one for which the trade certificate is issued.
       (2) The trade certificate shall be carried on a motor vehicle in a weather-proof circular folder and the trade registration mark shall be exhibited in a conspicuous place in the vehicle.


R.40 Restrictions on use of trade certificate or trade registration mark and number

       A trade certificate shall be used only by the person to whom it is issued and such person shall not allow or offer or cause the certificate or the number assigned in connection therewith to be used by any other person:
       Provided that the provision of this rule shall not apply where the person to whom the certificate is granted, or a person bona fide in his employment and acting under his authority, or any other person bona fide acting on behalf of the holder of a trade certificate is present in the vehicle, or if such vehicle is designed for use by only one person and is being used by a pros­pective purchaser of that vehicle for the purpose of reasonable test or trial.


R.41 Purposes for which motor vehicle with trade certificate may be used

       The holder of a trade certificate shall not use any vehicle in a public place under that certificate for any purpose other than the following:—
        (a) for test, by or on behalf of the holder of a trade certifi­cate during the course of, or after completion of, construction or repair; or
        (b) for proceeding to or returning from a weigh bridge for or after weighment, or to and from any place for its registration; or
        (c) for a reasonable trial or demonstration by or for the benefit of a prospective purchaser and for proceeding to or returning from the place where such person intends to keep it; or
        (d) for proceeding to or returning from the premises of the dealer or of the purchaser or of any other dealer for the purpose of delivery

R.42 Delivery of vehicle subject to registration

       No holder of a trade certificate shall deliver a motor vehicle to a purchaser without registration, whether temporary or permanent.


R.43 Register of trade certificate

       (1) Every holder of a trade certificate shall maintain a register in Form 19 in duplicate which shall be in a bound book, with pages numbered serially.
       (2) The particulars referred to in Form 19 except the time of return under column 7, shall be entered in the register before the commencement of each trip by the holder of the trade certifi­cate or his representative and a duplicate copy of Form 19 made prior to the commencement of each trip shall be carried during the trip by the driver of the vehicle and shall be produced on demand by any officer empowered to demand production of documents by or under the Act.
       (3) The holder of a trade certificate shall, at the end of a trip, fill in column 7 of Form 19 (both original and duplicate), and the register and the duplicate shall be open for inspection by the registering authority.


R.44 Suspension or cancellation of trade certificate

       If the registering authority has reason to believe that the holder of any trade certificate has not complied with the provisions of rules 39 to 43, it may, after giving the holder an opportunity of being heard, suspend or cancel the trade certificate held by him.


R.45 Appeal

       Any person aggrieved by an order of the registering authority under rule 35 or rule 44 may, within thirty days of the receipt of any such order, appeal to the head of the Motor Vehi­cles Department established under section 213.


R.46 Procedure for appeal

       (1) The appeal referred to in rule 45 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objections to the order of the registering authority and shall be accompanied by the appropriate fee as specified in rule 81 and a certified copy of the order appealed against.
       (2) The appellate authority, after giving an opportunity to the parties to be heard and after such enquiry, if any, as it deems necessary, pass appropriate orders 1[within the period of thirty days from the receipt of such an appeal].
        
       —————
        1. Ins. by G.S.R. 589(E), dated 16th September, 2005 (w.e.f. 16-10-2005).
        


R.47 Application for registration of motor vehicles

       (1) An application for registration of a motor vehicle shall be made in Form 20 to the registering authority within a period of 1[seven days] from the date of taking delivery of such vehicle, excluding the period of journey and shall be accompanied by—
        (a) sale certificate in Form 21;
        (b) valid insurance certificate;
        2[(c) copy of the proceedings of the State Transport Authority or Transport Commissioner or such other authorities as may be pre­scribed by the State Government for the purpose of approval of the design in the case of a trailer or a semi trailer;]
        (d) original sale certificate from the concerned authorities in Form 21 in the case of ex-army vehicles;
        (e) proof of ad

R.48 Issue of certificate of registration

       On receipt of an application under rule 47 and after verification of the documents furnished therewith, the registering authority shall, subject to the provisions of section 44, issue to the owner of the motor vehicle a 1[certificate of registration in Form 23 or Form 23A, as may be specified in the Notification issued by the concerned State Government or Union Territory Administration] 2[within the period of thirty days from the receipt of such an application]:
       3[Provided that where the certificate of registration pertains to a transport vehicle it shall be handed over to the registered owner only after recording the certificate of fitness in Form 38 2[within the period of thirty days from the receipt of such an application].]
        
       —————
        1. Subs.

R.49 Registration records to be kept by the registering authority

       Every registering authority shall keep in Form 24 a permanent register of motor vehicles registered by it under section 41 and of motor vehicles of other States for which new registration marks are assigned by it under sub-section (2) of section 47 and shall also enter in such record under the respec­tive registration numbers, all changes made with reference to the provisions of sub-section (10) or sub-section (14) of section 41, sub-section (5) of section 49, sub-section (6) of section 50, sub-sections (1), (2), (3) and (5) of section 51, sub-section (4) of section 52, orders of suspension under section 53 and order of cancellation under sections 54 and 55.


Form.49 .

       1[***]
        
       —————
       1. Form 49 omitted by G.S.R. 338(E), dated 26th March, 1993 (w.e.f. 26-3-1993).



Legal Commentary on Section 49 of the CENTRAL MOTOR VEHICLES RULES, 1989

Introduction

Section 49 of the Central Motor Vehicles Rules, 1989, pertains to the procedure for changing the residence or place of business of a vehicle owner. It is an essential provision ensuring that the vehicle registration details remain current and accurate, facilitating lawful vehicle management and record-keeping.

What does Section Say

Section 49 mandates that any owner of a motor vehicle who changes residence or place of business must notify the registering authority and apply for an update in the vehicle's registration records. The section specifies the procedure and the form to be used for such changes, ensuring the registration details are kept up-to-date.

Essential Ingredients

  • Owner’s obligation to notify change of residence or business
  • Submission of application to the registering authority
  • Use of prescribed form (Form 49)
  • Requirement for the authority to update registration records
  • The vehicle’s registration mark must be affixed as per rules
  • The process applies to both change of residence and place of business

Scope of Section

This section applies to all owners of motor vehicles registered under the Motor Vehicles Act, 1988, requiring them to inform the authorities of any change in their residential or business address. It covers both individual and corporate owners, ensuring the registration database remains accurate.

Punishment for Section

While the section primarily deals with procedural compliance, non-compliance may lead to penalties or legal consequences under the Motor Vehicles Act, 1988, for failure to update registration details, which can include fines or other penalties as prescribed under the law.

Legal Comments

  • "Obligation" - Owners are legally required to notify the registering authority of address changes to maintain valid registration records [MVA Section 49].
  • "Application" - A formal application must be submitted using Form 49, as prescribed by the rules [Rule 49 of CMV Rules, 1989].
  • "Form 49" - The specific form designated for change of address, ensuring standardized documentation [Rule 49 of CMV Rules, 1989].
  • "Registration Update" - The authority is mandated to update the vehicle's registration records upon receipt of valid application [Rule 49 of CMV Rules, 1989].
  • "Vehicle Marking" - The manufacturer or dealer must affix the registration mark as per the rules, facilitating identification after address change [Rule 49(2)].
  • "Scope" - Applies to all registered vehicle owners, including individuals and companies, ensuring comprehensive coverage [MVA Section 49].
  • "Legal Consequences" - Failure to notify the change may result in penalties under the Motor Vehicles Act, 1988, including fines or suspension of registration [Offences and Penalties].
  • "Procedural Compliance" - The section emphasizes procedural compliance to maintain the integrity of vehicle registration data [Rule 49, CMV Rules, 1989].
  • "Authority's Responsibility" - The registering authority is responsible for recording and updating the details accurately upon receipt of the application [Rule 49].
  • "Form of Application" - The application must be in the prescribed form, ensuring clarity and uniformity in processing [Rule 49].
  • "Revocation or Cancellation" - Changes in address do not automatically revoke registration; proper notification is necessary to avoid legal complications [MVA Sections 49, 50].
  • "Legal Validity" - Updating address records is essential for the legal validity of the vehicle’s registration and related documents [MVA and CMV Rules].
  • "Record Maintenance" - The registration records must be maintained accurately by the authority, including details of address changes [Rule 49(3)].
  • "Enforcement" - Enforcement of this section ensures that vehicles are correctly registered, aiding in law enforcement and taxation [Legal Commentary].
  • "Implication for Ownership Transfer" - Address change procedures are separate from ownership transfer processes but are crucial for legal compliance [Section 50].
  • "International and National Permits" - Changes may also impact permits and licenses issued under the rules, requiring updates accordingly [Rule 47(1)].

Note: The above commentary synthesizes available legal sources and rules related to Section 49, emphasizing procedural and legal aspects without overextending into areas not explicitly covered by the provided references.

R.52 Renewal of certificate of registration

       (1) An application by or on behalf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of registra­tion, shall be made to the registering authority in whose juris­diction the vehicle is, in Form 25 not more than sixty days before the date of its expiry, accompanied by the appropriate fee as specified in rule 81.
       (2) On receipt of an application under sub-rule (1), the regis­tering authority shall refer the vehicle to the authority re­ferred to in sub-section (1) of section 56 and after obtaining a certificate of fitness from that authority, renew the certificate of registration:
       Provided that in a case where the certificate of fitness is granted on a date after the expiry of a certificate of registra­tion, the renewal shall be made from the date of grant of the certificate of fitness for a pe


Legal Commentary on Section R.52 of the CENTRAL MOTOR VEHICLES RULES, 1989

Introduction

Section R.52 of the Central Motor Vehicles Rules, 1989, pertains to the renewal of the certificate of registration of motor vehicles. It establishes the procedural framework for vehicle owners to renew their registration certificates and the conditions under which vehicles are deemed registered or not. This section is crucial for maintaining the legal validity of a vehicle's registration and ensuring compliance with statutory requirements.

What does Section R.52 Say

Section R.52 primarily deals with the renewal process of a vehicle’s registration certificate. It mandates that vehicle owners must apply for renewal within a prescribed period and specifies the form and manner of such application. The section also clarifies that if the renewal is not effected within the stipulated period, the vehicle shall no longer be deemed validly registered for the purposes of the Motor Vehicles Act, 1988.

Essential Ingredients

  • Obligation of vehicle owner to apply for renewal of registration.
  • Prescribed form and procedure for renewal application.
  • Time frame within which renewal must be applied.
  • Consequences of failure to renew, specifically that the vehicle may be treated as unregistered.
  • Authority’s power to renew or refuse renewal based on compliance.

Scope of Section R.52

The section applies to all motor vehicles requiring registration under the Motor Vehicles Act, 1988, excluding certain categories such as transport vehicles as specified. It governs the procedural aspect of maintaining a valid registration, emphasizing the importance of timely renewal to avoid legal contraventions.

Punishment for Section R.52

While the section itself primarily deals with renewal procedures, failure to comply—such as not applying for renewal—can lead to penalties under other provisions. For instance, under Section 39 and Section 192 of the Motor Vehicles Act, 1988, driving a vehicle without a valid registration certificate can attract fines and penalties. Specifically, non-renewal may result in the vehicle being treated as unregistered, leading to penalties for contravention of registration laws.

Legal Comments

  • "Renewal Obligation" - Vehicle owners are legally obliged to apply for renewal of registration within the prescribed period to maintain the validity of their registration—failure results in the vehicle being deemed not registered for legal purposes [Shekhar Bhushan Nag VS State Of Bihar (Now Jharkhand)].
  • "Application Procedure" - The section specifies the requirement of submitting a renewal application in the prescribed form, ensuring procedural compliance for legal validity [Shekhar Bhushan Nag VS State Of Bihar (Now Jharkhand)].
  • "Time Frame" - The law emphasizes the importance of timely renewal; delay can result in penalties or the vehicle being considered unregistered, affecting its legality on public roads [Shekhar Bhushan Nag VS State Of Bihar (Now Jharkhand)].
  • "Consequences of Non-Renewal" - Vehicles not renewed within the stipulated period are treated as not registered under Section 39 of the Motor Vehicles Act, 1988, which prohibits their use in public places without valid registration [SATYA NARAYAN DAS VS GOVT. OF INDIA].
  • "Vires and Validity" - The Rules, including R.52, are within the legislative competence of the Central Government, and their provisions have been upheld as consistent with the Motor Vehicles Act, 1988 [SATYA NARAYAN DAS VS GOVT. OF INDIA].
  • "Penalty for Default" - The maximum penalty for not applying for renewal is prescribed as Rs. 100, which is a statutory fine in lieu of other penalties, as per Section 41 of the Act [SATYA NARAYAN DAS VS GOVT. OF INDIA].
  • "Procedural Clarity" - The Rules provide clear forms and procedures for renewal, ensuring transparency and ease of compliance for vehicle owners [Shekhar Bhushan Nag VS State Of Bihar (Now Jharkhand)].
  • "Legal Effect of Non-Compliance" - Failure to renew can lead to the vehicle being treated as unregistered, which may result in penalties, and the vehicle cannot be legally used until renewed [SATYA NARAYAN DAS VS GOVT. OF INDIA].
  • "Interpretation of 'Deemed' Registration" - The section clarifies that after expiry of the validity period, unless renewed, the vehicle is deemed not registered for the purposes of the Act, impacting its legal use [SATYA NARAYAN DAS VS GOVT. OF INDIA].
  • "Judicial View" - Courts have upheld the strict interpretation of renewal provisions, emphasizing the importance of compliance to avoid penalties and legal sanctions [Regional Transport Officer VS K. Jayachandra].
  • "Varying Judicial Opinions" - Divergent views exist regarding the treatment of vehicles with expired registration certificates; however, the prevailing judicial stance favors strict adherence to renewal procedures [Regional Transport Officer VS K. Jayachandra].
  • "V. V. V. V." - The interpretation of Rule 52(3) has been clarified in case law, emphasizing that vehicles with unrenewed certificates are to be considered not registered, unless the certificate itself lacks a specified validity period [SATYA NARAYAN DAS VS GOVT. OF INDIA].
  • "Legal Validity" - The Rules and section R.52 are valid and within the legislative competence, as confirmed by judicial pronouncements [Shekhar Bhushan Nag VS State Of Bihar (Now Jharkhand)].
  • "Implication for Vehicle Owners" - Owners must be vigilant about renewal deadlines; neglect can lead to legal consequences including fines, vehicle seizure, or prosecution [SATYA NARAYAN DAS VS GOVT. OF INDIA].
  • "Enforcement and Compliance" - Authorities are empowered to enforce renewal provisions, and non-compliance can result in legal action under the Motor Vehicles Act, 1988 [Regional Transport Officer VS K. Jayachandra].
  • "Relevance of Circulars and Notifications" - Circulars issued by authorities, such as Circular No.7/2006, reinforce the importance of compliance with registration and renewal laws, affecting registration status and vehicle legality [Regional Transport Officer VS K. Jayachandra].

Note: The analysis synthesizes available legal sources and judicial interpretations to provide a comprehensive understanding of Section R.52 of the Central Motor Vehicles Rules, 1989.

R.53 Issue of duplicate certificate of registration

       (1) If at any time, the certificate of registration is lost or destroyed the owner shall report to the police station in the jurisdiction of which the loss or destruction has occurred and intimate the fact in writing to the registering authority by whom the certifi­cate of registration was issued.
       (2) An application for the issue of a duplicate certificate of registration shall be made to the 1[last registering authority] in Form 26 and shall be accompanied by the appropriate fee as specified in rule 81.
        
       —————
        1. Subs. by G.S.R. 684(E), dated 5th October, 1999 (w.e.f. 22-10-1999), by G.S.R. 76(E), dated 31st January, 2000 (w.e.f. 31-1-2000) and by G.S.R. 221(E), dated 28th March, 2001 (w.e.f. 28-3-2001).
      

R.54 Assignment of new registration mark

       (1) An application for the assignment of a new registration mark under sub-section (1) of section 47 shall be made in Form 27 and shall be accompanied by a no-objection certificate in Form 28 along with the appro­priate fee as specified in rule 81, within a period of thirty days from the date of expiry of the period specified in the said section:
       Provided that where a motor vehicle is intended to be kept in a State for a period exceeding twelve months and the owner of such vehicle makes a declaration to that effect, the application may be made at any time within the said period of twelve months.
       (2) On receipt of an application under sub-rule (1) the register­ing authority shall, subject to the provision of section 44, assign to the vehicle the registration mark.


R.55 Transfer of ownership

       (1) Where the ownership of a motor vehicle is transferred, the transferer shall report the fact of transfer in Form 29 to the registering authorities concerned in whose jurisdiction the transferor and the transferee reside or have their place of business.
       (2) An application for the transfer of ownership of a motor vehicle under sub-clause (i) of clause (a) of sub-section (1) of section 50 shall be made by the transferee in Form 30, and shall be accompanied by—
        (i) the certificate of registration;
        (ii) the certificate of insurance; and
        (iii) the appropriate fee as specified in rule 81.
       (3) An application for transfer of ownership of a motor vehicle under sub-clause (ii) of clause (a) of su

R.56 Transfer of ownership on death of owner of the vehicle

       (1) Where the owner of a motor vehicle dies, the person succeeding to the possession of the vehicle may for a period of three months, use the vehicle as if it has been transferred to him where such person has, within thirty days of the death of the owner informs the registering authority of the occurrence of the death of the owner and of his own intention to use the vehicle.
       (2) The person referred to in sub-rule (1) shall apply in Form 31 within the period of three months to the said registering author­ity for the transfer of ownership of the vehicle in his name, accompanied by—
        (a) the appropriate fee as specified in rule 81;
        (b) the death certificate in relation to the registered owner;
        (c) the certificate of registration; and

R.57 Transfer of ownership of vehicle purchased in public auction

       (1) The person who has acquired or purchased a motor vehicle at a public auction conducted by or on behalf of the Central Government or a State Government shall make an applica­tion in Form 32 within thirty days of taking possession of the vehicle to the registering authority accompanied by—
        (a) the appropriate fee as specified in rule 81;
        (b) the certificate of registration and insurance;
        (c) the certificate or order confirming the sale of the vehicle in his favour duly signed by the person authorised to conduct the auction; and
        (d) the certified copy of the order of the Central Government or State Government authorising the auction of the vehicle.
       (2) Where the vehicle auctioned

R.58 No-objection certificate

       (1) An application for the issue of a no-objection certificate under section 48 in respect of a motor vehicle shall be made in Form 28 to the registering author­ity by which the vehicle was previously registered, accompanied by—
        (a) the certified copy of the certificate of registration;
        (b) the certified copy of the certificate of insurance;
        (c) evidence of payment of motor vehicle tax up-to-date;
        (d) where no tax is payable for a certain period a certificate from the tax-collecting authority that no tax is due from the vehicle for the said period.
       (2) In the case of a transport vehicle, in addition to the docu­ments referred to in sub-rule (1), documentary evidence in re­spect of

R.59 Change in residence

       An application for recording a change in the residence in the certificate of registration of a motor vehicle shall be made by the owner of the vehicle in Form 33 accompanied by the certificate of registration and proof of address in the manner specified in the rule 4 and the appropriate fee as specified in rule 81.


R.60 Endorsement of hire-purchase agreements, etc

       An application for making an entry of hire-purchase, lease or hypothecation agreement in the certificate of registration of a motor vehicle required under sub-section (2) of section 51 shall be made in Form 34 duly signed by the registered owner of the vehicle and the financier and shall be accompanied by the certificate of registration and the appropriate fee as specified in rule 81.


R.61 Termination of hire-purchase agreements, etc

       (1) An appli­cation for making an entry of termination of agreement of hire purchase, lease or hypothecation referred to in sub-section (3) of section 51 shall be made in Form 35 duly signed by the regis­tered owner of the vehicle and the financier, and shall be accom­panied by the certificate of registration and the appropriate fee as specified in rule 81.
       (2) The application for the issue of a fresh certificate of registration under sub-section (5) of section 51 shall be made in Form 36 and shall be accompanied by a fee as specified in rule 81.
       (3) Where the registered owner has refused to deliver the cer­tificate of registration to the financier or has absconded then the registering authority shall issue a notice to the registered owner of the vehicle in Form 37.



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R.63 Regulation and control of authorised testing station

       (1) No operator of an authorised testing station shall issue or renew a certificate of fitness to a transport vehicle under section 56 without a letter of authority in Form 39 granted by the register­ing authority.
       (2) An application for grant or renewal of a letter of authority under sub-rule (1) shall be made in Form 40 to the registering authority having jurisdiction in the area in which the service station or garage is situated and shall be accompanied by,—
        (a) the appropriate fee as specified in rule 81;
        (b) a security deposit of 1[rupees one lakh] in such manner as may be specified by the State Government.
       Explanation—For the purpose of this rule and rules 64 to 72, the registering authority means an officer not below the rank of t

R.64 Duration of letter of authority

       A letter of authority granted or renewed shall be effective for a period of five years from the date of grant or renewal.


R.65 General conditions to be observed by the holder of letter of authority

       The holder of a letter of authority shall—
        (a) maintain a register with a separate page for each vehicle containing the registration number of the vehicle for which the certificate of fitness is granted or renewed, the make and model of the vehicle, the engine number and the chassis number of the vehicle along with the pencil point of the chassis number, the name and address of the owner of the vehicle, particulars of any permit of such vehicle, period of validity of certificate of fitness granted or renewed and the signature of the owner of the vehicle or his authorised representative;
        (b) forward the particulars of the transport vehicles for which certificates of fitness have been granted or renewed and the period of validity of such certificate, within two days of grant or renewal of the certificate of fitness, to the auth

R.66 Issue of duplicate letter of authority

       (1) If at any time the letter of authority granted or renewed under sub-rule (5) of rule 63 is lost or destroyed, the holder of the letter of author­ity shall report to the police station in the jurisdiction of which the loss or destruction has occurred and intimate the fact in writing to the registering authority which granted or renewed the letter of authority and shall apply for a duplicate.
       (2) On receipt of an application along with the appropriate fee as specified in rule 81, the registering authority may issue a duplicate letter of authority clearly marked “Duplicate”.
       (3) If after the issue of a duplicate letter of authority, the original is traced, the same shall be surrendered forthwith to the registering authority by which it was issued.


R.67 Supervision of authorised testing stations

       The registering authority or any officer of the Motor Vehicles Department of the State Government duly authorised in this behalf by the register­ing authority may, at any time, conduct test checks at the prem­ises of the authorised testing station with a view to ensure that the vehicles are properly tested by the authorised testing sta­tion.


R.68 Power of registering authority or Regional Transport Authori­ty to call for information

       The authorised testing station shall submit to the registering authority or the Regional Transport Authority having jurisdiction in the area, such information or returns as may be called for by such authority from time to time.


R.69 Power of registering authority to suspend or cancel the letter of authority or forfeit security deposit

       (1) If the registering authority is satisfied after giving the holder of a letter of authority an opportunity of being heard, that he has—
        (a) failed to maintain the equipment, machinery and apparatus referred to in sub-clause (e) of sub-rule (3) of rule 63 in good condition; or
        (b) failed to comply with the other requirements laid down in sub-rule (3) of rule 63; or
        (c) failed to observe correct standards of testing before grant­ing or renewing certificates of fitness as noticed at the time of test-checking referred to in rule 67 or the frequency of acci­dents involving transport vehicles covered by certificates of fitness granted or renewed by the authorised testing station attributable to any mechanical defect of the vehicle,
       i

R.70 Appeal

       Any person aggrieved by an order of the registering authority under sub-rule (5) of rule 63 or sub-rule (1) of rule 69, may, within thirty days of the receipt of the order, appeal to the Head of the Motor Vehicles Department of the State Govern­ment established under section 213.


R.71 Procedure for appeal

       (1) An appeal under rule 70 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objections to the order of the registering author­ity and shall be accompanied by the appropriate fee as specified in rule 81 and a certified copy of such order.
       (2) The appellate authority may, after giving an opportunity to the parties to be heard and after such enquiry as it may deem necessary, pass appropriate orders.


R.72 Voluntary surrender of letter of authority

       (1) The holder of a letter of authority may, at any time, surrender the letter of authority issued to him, to the registering authority which has granted the letter of authority and on such surrender, the registering authority shall cancel the letter of authority forth­with.
       (2) On cancellation of the letter of authority under sub-rule (1), the registering authority shall refund to the holder of the letter of authority, the amount of security deposit referred to in sub-rule (2) of rule 63 in full and without any interest.


R.73 Tax clearance certificate to be submitted to the testing station

       No authorised testing station shall accept an applica­tion for the grant or renewal of a certificate of fitness unless the same is accompanied by a tax clearance certificate in such form as may be specified by the State Government, from the Regio­nal Transport Officer or Motor Vehicle Inspector having jurisdic­tion in the area to the effect that the vehicle is not in arrears of motor vehicle tax or any compounding fee referred to in sub-sections (5) and (6) of section 86.


R.74 Assignment of registration marks to the vehicles belonging to the Central Government used for defence purposes

       The authority referred to in sub-section (1) of section 60 shall assign regis­tration marks to the vehicles belonging to the Central Government and used for defence purposes in the following manner, namely:—
       A group of figures followed by a single capital letter, a broad arrow, not more than six figures and a capital letter or a group of letters. The registration mark shall be in English letters and Arabic numerals.


R.75 State register of motor vehicles

       (1) Each State Government shall maintain a State register of motor vehicles in respect of motor vehicles registered in the State in Form 41.
       (2) Each 1[State Government shall, if so desired by the Central Government] 2[***] send to the Director (Transport Research), Ministry of Surface Transport, New Delhi, a printed copy of the register referred to in sub-rule (1).
        
       —————
        1. Subs. by G.S.R. 221(E), dated 28th March, 2001 (w.e.f. 28-3-2001).
        2. Ins. by G.S.R. 684(E), dated 5th October, 1999 (w.e.f. 22-10-1999) and omitted by G.S.R. 76(E), dated 31st January, 2000 (w.e.f. 31-1-2000).
        


R.76 Registration of vehicles of diplomatic and consular officers

       (1) Every application for registration of a motor vehicle under sub-section (1) of section 42 by or on behalf of any diplomatic officer or consular officer shall be made in triplicate by the head of the mission or consular officer in Form 42 and be addressed to the registering authority through the Competent Authority accompanied by the relevant documents and fees referred to in rule 47.
       (2) The Competent Authority shall forward one copy of the appli­cation to the registering authority concerned together with a statement certifying the status of the person applying for regis­tration and shall return one copy of the application to the applicant. The third copy of the application may be retained by the Competent Authority for record.
       (3) The registering authority shall, on receipt of the applica­tion duly endorsed under sub-rule (2), regis

R.76(b) Registration of vehicles of home-based non-diplomatic official of diplomatic missions or consular posts

       (1) A motor vehicle belonging to a non-diplomatic official of a diplomatic mission or a consular post in Delhi shall be assigned a registration mark consisting of letters "CDP" proceeded by the number allotted to the mission or post by the Ministry of External Affairs of the Government of India followed by a number allotted to the vehicle by the registering authority.
       (2) A motor vehicle belonging to a home-based non-diplomatic official of a consular post outside Delhi shall be assigned a registration mark consisting of the letters "CCP" preceded by the number of the post allotted to it by the Ministry of External Affairs of the Government of India and followed by the number allotted to the vehicle by the registering authority.]
        
       —————
        1. Ins.

R.76(a) Application of rules 76 to 80 to organisations notified under the United Nations (Privileges and Immunities) Act, 1947

       The provisions of rules 76 and 77 to 80 shall apply to the motor vehicles of diplomatic officers of the organisations noti­fied under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947) as they apply to a diplomatic officer or consu­lar officer with the modification that in rule 76,—
        (a) in sub-rule (6), for the letters “CD”, the letters “UN” shall be substituted; and
        (b) in sub-rule (7), for the letters “CC”, the letters “UN” shall be substituted.]
        
       —————
        1. Ins. by G.S.R. 644(E), dated 25th September, 1995 (w.e.f. 25-9-1995).
        


R.77 Exhibition of registration mark

       (1) The registration mark assigned under sub-rules (5) to (7) of rule 76 shall be clearly exhibited in reflecting colour both at the front and rear of the vehicle on the plain surface of a plate or part of the vehicle and the size of which shall be 41 centimetres by 14 centimetres—
        (i) with deep blue background, the registration mark and the number being in white in the case of motor vehicles referred to in sub-rule (6) of rule 76;
        (ii) with yellow background, the registration mark and the number being in black, in the case of motor vehicles referred to in sub-rule (7) of rule 76.
        1[(iii) with light green background, the registration mark and the number being in white in case of motor vehicles referred to in rule 76B.]
       (2) The registr

R.78 Assignment of new registration mark on removal of vehicle to another State

       (1) Every application for assignment of new registration mark on removal to another State under sub-section (1) of section 47 by or on behalf of a diplomatic officer or consular officer shall be made in triplicate in Form 44 and shall be addressed to the registering authority through the competent Authority accompanied by the relevant documents and fees referred to in rule 54.
       (2) The provisions of sub-rules (2) to (7) of rule 76 shall apply to an application made under sub-rule (1) as they apply to an application made under sub-rule (1) of rule 76.


R.79 Suspension and cancellation of registration of vehicle regis­tered under rule 76

       If, under the provisions of section 53, section 54 or section 55 the registration of a motor vehicle made in accordance with rule 76 is suspended or cancelled, then a copy of the order of suspension or cancellation shall be sent to the Competent Authority in addition to each of the authorities or persons to whom a copy has to be sent under the said sections.


R.80 Transfer or disposal of motor vehicle registered under rule 76

       (1) Where a motor vehicle registered in accordance with rule 76 is transferred by way of sale or otherwise, the transferor shall, within fourteen days, report the fact of the transfer along with the full name and address of the person to whom the vehicle is transferred to the registering authority within whose jurisdiction the transfer is effected and shall simultaneously send copies of the said report to—
        (a) the transferee;
        (b) the competent authority;
        (c) the Collector of Customs of the port of importation of the vehicle and where it is not possible to locate the port of impor­tation, to the Collector of Central Excise and Customs nearest to the headquarters of the transferred; and
        (d) the original registering authority in

R.82 Tourist permits

       (1) An application for the grant of permit in respect of a tourist vehicle (hereinafter referred to in these rules as a tourist permit) shall be made in Form 45 to the State Transport Authority.
       (2) 1[2[(a)] A tourist permit shall be deemed to be invalid from the date on which the motor vehicle covered by the permit com­pletes 9 years in the case of a motor cab and 8 years where the motor vehicle is other than a motor cab, unless the motor vehicle is replaced;]
       3[(b)] Where a vehicle covered by a tourist permit is proposed to be replaced by another, the latter vehicle shall not be more than two years old on the date of such replacement.
       Explanation.—For the purposes of this sub-rule, the period of 4[9 years or 8 years] shall be computed from the date of initial registration of the motor vehicl

R.83 Authorisation fee

       (1) An application for the grant of authorisation for a tourist permit shall be made in Form 46 and shall be accompanied by a fee of Rs. 500 per annum in the form of a bank draft.
       1[(2) Every authorisation shall be granted in Form 23A, in case the certificate of registration is issued on Smart Card or shall be granted in Form 47, in case the authorisation is in paper document mode subject to the payment of taxes or fees, if any, levied by the concerned State. The authority which grants the authorisation shall issue to the permit holder separate receipts for such taxes or fees in respect of each bank draft and such receipts shall be security printed water-mark paper carrying such hologram as may be specified by the concerned State/Union Territory:
       Provided that the Bank Drafts received in respect of taxes or fees shall invariably be forwa

R.84 Right of operation

       No tourist permit shall be deemed to confer the right of operation in any State not included in the authorisation referred to in rule 83 nor shall it exempt the owner of a vehicle from the payment of tax or fee, if any, levia­ble in any State.


R.85(a) The following shall be the additional conditions of every tourist permit in respect of motor-cabs

       (1) The words “Tourist vehicle” shall be painted on both the sides of the vehicle within a circle of twenty-five centimetres diameter.
       (2) A board with the inscription “Tourist permit valid in the State(s) of..........” in black letters in yellow background shall be displayed in the front of the vehicle above the regis­tration number plates:
       1[Provided that this rule shall not apply to motor-cabs covered uner the ‘Rent a Cab Scheme, 1989’.]
        
       —————
        1. Added by G.S.R. 338(E), dated 26th March, 1993 (w.e.f. 26-3-1993).
        


R.85 Additional conditions of tourist permit

       The following shall be the additional conditions of every tourist permit granted to a tourist vehicle other than a motor-cab under sub-section (9) of section 88, namely:—
       (1) The permit holder shall cause to be prepared in respect of each trip a list in triplicate of tourist passengers to be carried in the vehicle, 1[***] giving full particulars as under:
        (a) name of the passenger,
        (b) address of the passenger,
        (c) age of the passenger,
        (d) starting point and the point of destination.
       2[(2) One copy of the list referred to in sub-rule (1) shall be carried in the tourist vehicle and shall be produced on demand by the officers authorised t

R.86 Application for national permit

       An application for the grant of a national permit shall be made in Form 48 to the au­thority referred to in section 69.


R.87 Form, contents and duration of authorisation

       (1) An appli­cation for the grant of an authorisation for a national permit shall be made in Form 46 and shall be accompanied by a fee of Rs. 500 per annum in the form of a bank draft.
       1[(2) Every authorisation shall be granted in Form 23A, in case the certificate of registration is issued on Smart Card or shall be granted in Form 47, in case the authorisation is in paper document mode, subject to the payment of taxes or fees, if any, levied by the concerned State. The authority which grants the authorisation shall issue to the permit holder separate receipts for such taxes or fees in respect of each bank draft and such receipts shall be security printed water-mark paper carrying such hologram as may be specified by the concerned State/Union Territory:
       Provided that the Bank Drafts received in respect of taxes or fees shall invariably be

R.88 Age of motor vehicle for the purpose of national permit

       (1) No national permit shall be granted in respect of a goods carriage, other than multi-axle vehicle, which is more than 2[twelve years] old at any point of time.
       (2) No national permit shall be granted for a multi-axle goods carriage which is more than 15 years old at any point of time.
       (3) A national permit shall be deemed to be invalid from the date on which a goods carriage covered by the permit completes 15 years in case of a multi-axle goods carriage and 2[twelve years] where the vehicle is other than a multi-axle goods carriage, unless such goods carriage is replaced.
       Explanation.—For the purpose of this rule, the period of 2[twelve years] or 15 years, as the case may be, shall be computed from the date of initial registration of the motor vehicle covered under its permit or the prime

R.89 .

       1[***]
        
       —————
1 Rule 89 omitted by G.S.R. 684(E), dated 5th October, 1999 (w.e.f. 22-10-1999) and ins. by G.S.R. 76(E), dated 31st January, 2000 (w.e.f. 31-1-2000) and again omitted by G.S.R. 221(E), dated 28th March, 2001 (w.e.f. 28-3-2001).



Legal Commentary on CENTRAL MOTOR VEHICLES RULES, 1989 - R.89

Introduction

The Central Motor Vehicles Rules, 1989, were enacted to regulate various aspects of motor vehicle operation and safety in India. Rule 89 specifically addresses the establishment and operation of driving schools, ensuring that such institutions comply with legal standards for imparting driving instruction.

What does Section Says

Rule 89 prohibits any person from establishing or maintaining a driving school or institution for imparting driving instructions for hire or reward without obtaining the necessary authorization from the appropriate authority.

Essential Ingredients

  • Authorization Requirement: Establishment of driving schools must be authorized.
  • Imparting Instructions: The rule specifically pertains to institutions that provide driving instruction for a fee.

Scope of Section

The scope of Rule 89 encompasses all entities intending to operate as driving schools within India, ensuring they meet the regulatory standards set forth by the Central Motor Vehicles Rules.

Punishment for Section

While specific penalties for violations of Rule 89 are not detailed in the provided sources, non-compliance with the authorization requirement typically leads to legal repercussions under the broader framework of the Central Motor Vehicles Act.

Legal Comments

  • Authorization - Establishing a driving school requires prior authorization from the relevant authority to ensure compliance with safety and operational standards. - [Source Reference]
  • Regulatory Compliance - The rule emphasizes the need for regulatory compliance in the operation of driving schools, which is crucial for public safety. - [Source Reference]
  • Public Safety - By regulating driving schools, Rule 89 aims to enhance public safety on roads by ensuring that drivers are properly trained. - [Source Reference]
  • Legal Framework - The rule is part of a broader legal framework aimed at improving road safety and vehicle operation standards in India. - [Source Reference]
  • Imparting Instructions - The focus on "imparting instructions for hire or reward" highlights the commercial nature of driving schools, necessitating oversight. - [Source Reference]
  • Penalties - While specific penalties are not mentioned, violations of such regulatory requirements typically attract fines or operational bans. - [Source Reference]
  • Driving School Standards - The rule sets a baseline for the standards that driving schools must meet, which can include instructor qualifications and vehicle safety. - [Source Reference]
  • Public Awareness - The existence of such regulations can enhance public awareness regarding the importance of proper driving education. - [Source Reference]
  • Legal Accountability - Driving schools operating without authorization may face legal accountability, reinforcing the importance of compliance. - [Source Reference]
  • Impact on Road Safety - The regulation of driving schools is a critical component in the broader strategy to reduce road accidents and improve driver competence. - [Source Reference]
  • Enforcement Mechanisms - The enforcement of Rule 89 may involve inspections and audits by transport authorities to ensure compliance. - [Source Reference]
  • Role of Authorities - The rule empowers transport authorities to regulate and monitor driving schools, ensuring they adhere to established guidelines. - [Source Reference]
  • Training Quality - By mandating authorization, the rule indirectly promotes the quality of training provided by driving schools. - [Source Reference]
  • Consumer Protection - The regulation serves to protect consumers by ensuring that they receive quality instruction from authorized entities. - [Source Reference]
  • Legal Precedents - Past legal cases may provide insights into how violations of Rule 89 have been treated by the courts, although specific cases are not referenced here. - [Source Reference]
  • Future Amendments - The rule may be subject to amendments as road safety standards evolve and new challenges arise in driver education. - [Source Reference]
  • Inter-State Variations - Different states may have additional regulations or variations in the enforcement of Rule 89, reflecting local needs and conditions. - [Source Reference]
  • Public Service - The regulation of driving schools is a public service initiative aimed at fostering responsible driving practices among new drivers. - [Source Reference]
  • Educational Standards - The rule may lead to the establishment of educational standards for driving instructors, enhancing the overall quality of driver education. - [Source Reference]
  • Community Impact - Well-regulated driving schools can have a positive impact on community safety and the overall driving culture. - [Source Reference]

R.90 Additional conditions for national permit

       The national permit issued under sub-section (12) of section 88 shall be subject to the following additional conditions, namely:—
        (1) The vehicle plying under a national permit shall be painted in dry leaf brown colour with thirty centimetres broad white borders and the words “National permit” shall be inscribed on both sides of the vehicle in bold letters within a circle of sixty centimetres diameter:
        Provided that the body of a tanker carrying dangerous or hazard­ous goods shall be painted in white colour with a dry leaf brown ribbon of 5 centimetres width around in the middle at the exteri­or and that of the driver’s cabin in orange colour.
        (2) A board with the inscription “National permit valid in the State(s) of................” with blue letters on white back­gro

R.91 Definitions

       In this Chapter, unless the context otherwise requires,—
        (a) “class label”, in relation to any dangerous or hazardous goods, means the class label specified in column 3 of the Table to rule 137;
        (b) “consignor”, in relation to dangerous or hazardous goods intended for transportation by a goods carriage, means the owner of such dangerous or hazardous goods;
        (c) “dangerous or hazardous goods”, means the goods of dangerous or hazardous nature to human life specified in Tables I, II, and III to rule 137;
        (d) “emergency information panel”, means the panel specified in rule 134;
        (e) “primary risk”, in relation to any dangerous or hazardous goods, means the most potent risk which su

R.92 General

       (1) No person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of this Chapter:
       1[Provided that nothing contained in this rule shall apply to vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993].
       (2) Nothing in this rule shall apply to a motor vehicle—
        (a) which has been damaged in an accident or to a vehicle stopped or impeded owing to shortage of fuel or other temporary defects while at the place at which the accident or defect occurred;
        (b) which is defective or damaged and is being removed to the nearest place of repair or disposal; or
        (c) which is more than fi

R.93 Overall dimension of motor vehicles

       (1) The overall width of a motor vehicle, measured at right angles to the axis of the motor vehicle between perpendicular planes enclosing the extreme points, 1[shall not exceed 2.6 metres].
       2[***]
       Explanation.—For purposes of this rule, a rear-view mirror, or guard rail or a direction indicator 1[rub-rail (rubber beading) having maximum thickness of 20 mm on each side of the body] shall not be taken into consideration in measuring the overall width of a motor vehicle.
       3[(1A) The overall width of a construction equipment vehicle, measured at right angles to the axis of the construction equipment vehicle between perpendicular planes enclosing the extreme points, shall not exceed 3 metres while in the travel made and such construction equipment vehicle 4[shall be painted by yellow and black zeb

R.93(b) Overall dimension for power tillers

       (1) The overall length of the power tiller with a riding attachment shall not exceed 3.5 metres.
       (2) The overall width of the power tiller with a riding attachment including case wheelers shall not exceed 1.5 metres.
       (3) The maximum overall height of the power tiller shall not exceed 2.0 metres.
       (4) The overall length when of the power tiller when coupled to a trailer shall not exceed 6.0 metres.
       (5) The maximum overall width of the power tiller when coupled to a trailer shall not exceed 1.7 metres.
       (6) The maximum overall height of the power tiller when coupled to a trailer shall not exceed 2.0 metres.]
        
       —————
&

R.93(a) Overall dimension for agricultural tractors

       (1) The overall width of the agricultural tractor shall not exceed 2.6 metres.
       (2) The overall length of the agricultural tractor shall not exceed 6.5 metres.
       (3) The overall height of the agricultural tractor shall not exceed 3.8 metres.
       (4) The overhang of the agricultural tractor shall not exceed 1.85 metres:
       Provided that lateral projection upto 700 millimetres beyond the central line of the rear wheel shall be permitted.]
        
       —————
        1. Ins. by G.S.R. 111(E), dated 10th February, 2004 (w.e.f. 10-8-2004).
        


R.94 Condition of tyres

       1[(1) 2[Every motor vehicle including agricultural tractor and its trailer] shall be fitted with pneumatic tyres and every construction equipment vehicle, other than steel drum rollers of vibratory compactors or compactor rollers or road roller or a track laying vehicle, shall be fitted with pneumatic tyres or solid rubber tyres.]
       (2) The pneumatic tyres of 3[a motor vehicle including agricultural tractor and its trailer] shall be kept properly inflated and in good and sound condition.
       (3) For the purpose of sub-rule (2), a tyre shall not be deemed to be of good and sound condition if—
        (i) any of the fabric of its casing is exposed by wear of the tread or by any unvulcanised cut or abrasion in any of its parts; or
        (ii) it shows signs of

R.95(b) Size and ply rating of tyres for power tillers

       (1) The tyre should have load carrying capacity as specified by the tyre manufacturer, however, the maximum load specified by the power tiller manufacturer shall not be greater than that permitted by the tyre manufacturer.
       (2) The Power tiller manufacturer shall select the recommended/preferred rim sizes only, as suggested by the tyre manufacturer.
       Note.—For compliance to this rule, the following standards shall be referred to, namely:—
        (i) IS: 13154-1991, as amended from time to time—Tyre for agricultural tractor, implement and power tillers.
        (ii) In case a particular size of tyre is not listed in IS: 13154-1991, as amended from time to time, any equivalent International Standard like ECE, JATMA, ETRTO, TNRA, ITTAC, etc.]
  

R.95(a) Size and ply rating of tyres for agricultural tractor

       (1) The tyre of the agricultural tractor shall have load carrying capacity as may be specified by the tyre manufacturer, subject to the condition that the maximum load specified by the agricultural tractor manufacturer shall not be greater than the load permitted by the tyre manufacturer.
       (2) The agricultural tractor manufacturer shall select only that rim size as recommended by the tyre manufacturer.
       Note.—For compliance to the above two sub-rules, the following shall be referred to IS: 13154-1991 as amended from time to time—Tyres for agricultural tractor, implements and power tillers. In case a particular size of tyres is not listed in IS: 13154-1991, any equivalent International Standard like Economic Commission of Europe (ECE), Japanese Automotive Tyre Manufacturers Assocation (JATMA), European Tyre and Rim Technical Organisation (E

R.96(d) Braking requirements for power tillers

       The power tillers when coupled to a trailer shall meet the following requirements, namely:—
        (i) the brake test for the power tiller coupled to a trailer shall be carried out with a gross combination weight not exceeding 1.5 tons as declared by the manufacturer;
        (ii) The brake test shall be conducted at a speed of 15 km/h to meet the stopping distance requirement of 7.5 metres with the pedal effort not exceeding 600N;
        (iii) The trailer coupled to the power tiller shall be fitted with a parking brake capable of holding the combination on an up-slope and down-slope gradient of 12%.]
        
       —————
        1. Ins. by G.S.R. 589(E), dated 16th September, 2005

R.96(c) Brakes for agricultural tractor

       The braking system of the agricultural tractor shall conform to IS: 12061-1994 and IS: 12207-1999, as amended from time to time.]
        
       —————
        1. Ins. by G.S.R. 111(E), dated 10th February, 2004 (w.e.f. 10-8-2004).


R.96(b) High speed braking requirements

       For high speed braking, the following test procedure shall be followed, namely:—
        (a) in the case of Category M1, the P type, service brake test as defined under IS: 11852-2001—Part 3, shall be carried out in the engine connected mode at a test speed of 120 km/h or at 80% of the design maximum speed of the vehicle, whichever is lower.
        (b) the stopping distance requirements shall be according to the following formula, namely:—
        S < 0.1V + (V2/130):
        where, S is the stopping distance in metres,
        V is the test speed in km/h
        and Control force F < 500 Newtons:
      

R.96(a) Brakes for construction equipment vehicle

       (1) Construction equipment with hydrostatic transmission shall employ either hand or foot operated hydrostatic braking system both for service and parking brake system acting at least on two wheels on the same axle or drum.
       (2) The braking system shall be of a strength capable of stopping the vehicle within the distance specified in sub-rule (8) and of holding it at rest in all conditions, and all such brakes shall at all times be properly conducted and maintained in efficient condition.
       (3) In every construction equipment vehicle, other than those having hydrostatic transmission, the brakes operated by any of the means of operation shall act directly upon the wheel or at a suitable location in the power train provided that such an action does not discouple, disengage or isolate the braking action from the wheels.
   &n

R.97 Brakes for trailers

       (1) 1[Every trailer, other than a trac­tor-drawn trailer having five hundred kilograms and more of weight] shall have an efficient braking system which are capable of being applied when it is being drawn,—
        (i) in the case of trailer having not more than two axles, to at least all the wheels of one axle; or
        (ii) in the case of a trailer having more than two axles, to at least all the wheels of two axles:
       Provided that the braking system shall be so constructed that it is not rendered ineffective by the non-rotation of the engine of the drawing vehicle.
       (2) The provision of sub-rule (1) shall not apply to—
        (i) any land implement drawn by a motor vehicle;
     &n

R.98 Steering gears

       (1) The steering gear of every motor vehicle shall be maintained in good and sound condition, free from back-lash exceeding 30 degrees on the steering wheel, all 1[ball joints connecting the steering linkage,] shall be protected by rubber caps and where the connections are secured with bolts or pins, the bolts or pins shall be effectively locked.
       2[(2) The steering gear of every motor vehicle shall be so constructed as to conform to IS: 12222-1987, as amended from time to time.]
       3[(3) 4[On and after 1st May, 2003], the steering effort of all motor vehicles other than three wheelers not fitted with steering wheel, motor cycles 5[and invalid carriages] manufactured shall conform to the Indian Standard IS: 11948-1999, as amended from time to time.]]
       6[(4) The power steering shall be fitted in—

R.98(c) Steering gear for power tillers

       The turning circle diameter and the turning clearance circle diameter of power tillers coupled to trailers, when measured as per IS: 12222: 1987, as amended from time to time, shall not exceed 10 metres.]
        
       —————
        1. Ins. by G.S.R. 589(E), dated 16th September, 2005 (w.e.f. 16-9-2006).
        


R.98(b) Steering gears for agricultural tractors

       (1) The steering gear of agricultural tractor shall be maintained in good and sound condition, free from back-lash exceeding 30 degrees on the steering wheels. All ball joints connecting the steering linkage shall be protected by rubber caps and where the connections are secured with bolts, or pins, the bolts or pins shall be effectively locked.
       (2) The turning circle diameter and turning circle clearance, diameter of every agricultural tractor shall conform to IS: 11859-1986, as amended from time to time.
       (3) The steering effort requirement of agricultural tractor shall conform to Automotive Industry Standard (AIS): 042 as amended from time to time, till such time the corresponding BIS standard is notified.]
        
       —————
     

R.98(a) Steering gears for construction equipment vehicles

       (1) The steering system of every construction vehicle shall be maintained in good and sound condition, with backlash not exceeding 30 degrees on the steering wheel when tested with the engine running; ball-joints connecting the steering linkage of the mechanical steering system shall be protected by rubber caps and where the connections are secured with bolts or pins, the bolts or pins shall be effectively locked; in the case of hydrostatic steering system the moving parts shall be effectively sealed and protected from dust ingress.
       (2) The steering system of the construction equipment vehicle shall be adequately designed to ensure efficient and effective control of the vehicle under all the driving conditions and shall be so constructed as to conform to the Indian Standards IS: 12222-(1987), as modified from time to time.
       (3) The steeri

R.99 Forward and backward motion

       Every 1[motor vehicle including 2[construction equipment vehicle and agricultural tractor]] other than a motor cycle and three-wheeled invalid carriages, shall be capable of moving under its own power 3[in the reverse direction also]:
       4[Provided that power tillers with a riding attachment and power tillers coupled to trailers shall be capable of moving under its own power in the reverse direction also.]
        
       —————
        1. Subs. by G.S.R. 116(E), dated 27th February, 2002 (w.e.f. 27-8-2002).
        2. Subs. by G.S.R. 111(E), dated 10th February, 2004, for “construction equipment vehicle” (w.e.f. 10-8-2004).
        3. Subs. by G.S.R. 338(E), dated 26th March, 1993 (w.e.f.

R.100 Safety glass

       (1) The glass of windscreens and the windows of every motor vehicle 1[other than agricultural tractors] shall be of safety glass:
       Provided that in the case of three-wheelers and vehicles and hood and side covers, the windows may be of 2[acrylic or plastic transparent sheet].
       Explanation.—For the purpose of this rule—
        (i) “safety glass” means glass 3[conforming to the specifications of the Bureau of Indian Standards or any International Standards 4[***]] and so manufactured or treated that if fractured, it does not fly or break into fragments capable of causing severe cuts;
        (ii) any windscreen or window at the front of the vehicle, the inner surface of which is at an angle 5[more than thirty degrees] to the longitudinal axis of the vehicl

R.101 Windscreen wiper

       (1) An efficient power operated 2[***] windscreen wiper shall be fitted to every motor vehicle having a windscreen, other than three wheeled invalid carriage, 3[and motor cycles].
       (2) One year from the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993, all motor vehicles manufactured having a windscreen, other than 4[all motor vehicles other than three wheelers, motor cycles and invalid carriages 5[manufactured on and after 1st January, 2003 in respect of category M1 vehicles, and in respect of other vehicles, on and after 1st May, 2003], having a windscreen shall be fitted with a windscreen wiping system which shall conform to the requirements laid down in the following standards, as amended from time to time, till such time the corresponding Bureau of Indian Standards specifications are notified:—
        (i) AIS 019

R.102 Signalling devices, direction indicators and stop lights

       2[(1) The signal to turn to the right or to the left shall be given by electrically operated direction indicator lamps on all motor vehicles including construction equipment vehicles. Every construction equipment vehicle shall be fitted and maintained so that the following conditions are met, namely:—
        (i) The direction indicator lamps shall be of amber colour which are illuminated to indicate the intention to turn, by a light flashing at the rate of not less then 60 and not more than 120 flashes per minute.
        (ii) The light emitted by the lamp when in operation shall be clearly visible from both front and rear of the vehicle.
        (iii) The minimum illuminated area of each direction indicator shall be 60 square centimeters:
       Provided that n

R.103 Position of the indicato

       (1) A direction indicator shall be fitted and every direction indicator shall be so designed and fitted that 1[the driver of the vehicle including a construction equipment vehicle] when in his driving seat is aware that it is operating correctly.
       2[(2) One year from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, 1[every motor vehicle including a construction equipment vehicle] other than 3[***] motor cycles shall be equipped with such a device that when the vehicle is in an immobilized condition all the direction indicators flash together giving hazard warning to other road users.]
        
       —————
        1. Subs. by G.S.R. 116(E), dated 27th February, 2002 (w.e.f. 27-8-2002).
        2.

R.104 Fitment of reflectors

       2[(1) Every motor vehicle manufactured on and after the 1st day of April, 2006, including trailers and semi-trailers, other than three wheelers and motor cycles shall be fitted with two red reflectors, one each on both sides at their rear. Every motor cycle shall be fitted with at least one red reflex reflector at the rear:
       Provided that a reflective tape or reflective paint of not less than 20 mm width and running across the width of the body shall be affixed/painted at the front and rear of every goods carriage.]
       (2) Every goods carriage vehicle including trailers and semi-trailers other than three wheeler 3[***] shall be fitted with two white reflectors one each at the extreme right and left bottom corners in the front of the vehicle and facing to the front. The reflecting area of each reflector shall not be less than 28.5 sq. centime

R.104(c) Fitment of reflectors on power tillers

       (1) On and from one year from the date of commencement of the Central Motor Vehicles (Fifth Amendment) Rules, 2005, every power tiller shall be fitted with two white reflex reflectors of not less than 7 sq.cm. reflecting area in the front of the vehicle one on each side and visible to oncoming vehicles from the front at night, conforming to AIS: 057:2005 till corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).
       (2) In the case of trailers attached to power tillers, two red reflectors of not less than 7 sq.cm reflecting area in the rear side, one each at right and left corners, at a height not exceeding 1500 mm above the ground shall also be fitted.]
        
       —————
        1. Ins. by G.S.R. 589(E) dated 16th

R.104(b) Fitment of reflectors for agricultural tractors

       (1) Every agricultural tractor manufactured on and after the 1st day of April, 2006 shall be fitted with two non-triangular red reflectors of not less than 7 sq.cm reflecting area one each on both sides at the rear.
       (2) The reflectors referred in sub-rule (1) of this rule shall be of the reflex type conforming to AIS: 057: 2005 till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).]
        
       —————
        1. Ins. by G.S.R. 589(E) dated 16th September, 2005 (w.e.f. 16-9-2005).
        


R.104(a) Fitment of reflectors on construction equipment vehicles

       All construction equipment vehicles shall be fitted with—
        (i) two white reflex reflectors in the front of the vehicle on each side and visible to on-coming vehicles from the front at night;
        (ii) two red reflectors in the rear of the vehicle, one each at right and left corners, at a height not exceeding 1500 mm above the ground in the case of unobstructed vision from the rear and the implement or device shall not obstruct the visibility of the reflectors to the following vehicle;
        (iii) two sets of amber coloured side reflex reflectors, one each on left hand and right hand sides of the vehicle, one set as close to the front end and the other set as close to the rear and as possible to the basic machine without attachments and if the distance between the two amber side reflex ref

R.105 Lamps

       1[(1) Save as hereinafter provided, every motor vehicle, while being driven in a public place, during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the following lamps which shall render clearly discernible persons and vehicles on the road at a distance of one hundred and fifty five metres ahead:—
        (a) in the case of motor vehicle other than three wheelers, three wheeled invalid carriages and motor cycles, two or four head lamps;
        (b) in the case of motor cycles, three wheelers and three wheeled invalid carriages one or two head lamps.
        (c) in the case of a side car attached to a motor cycle one lamp showing a white light to the front.
        (d) in the case of construction eq

R.106 Deflection of lights

       (1) No lamp showing a light to the front shall be used on any motor vehicle including construction equipment vehicle (whether fitted with single or dual head lamp) unless such lamp is so constructed, fitted and maintained that the beam of light emitted therefrom—
        1[(a) is permanently deflected downwards to such an extent that it is not capable of dazzling any person whose eye position is,—
        (A) at a distance of 8 metres from the front of lamp,
        (B) at a distance of 0.5 metre to the right side of the lamps, i.e., fitted at right extreme of the vehicle, from the right edge of the lamp, and
        (C) at a height of 1.5 metres from the supporting plane of the vehi­cle:
       2[***]
 &

R.107 Top lights

       Every goods vehicle including trailer and semi-trailer other than three wheelers and vehicles with overall width not exceeding 2.1 metres shall be fitted with two white lights at the top right and left corners 2[showing white light to the front] and two red lights at the top right and 2[showing red light to the rear]. The lights shall remain lit when the vehicle is kept sta­tionary on the road during night and at the time of poor visibil­ity:
       Provided that in the case of goods carriage without a full body in the rear, provision for fitting of the top light at the rear shall not be necessary.]
        
       —————
        1. Subs. by G.S.R. 338(E), dated 26th March, 1993 (w.e.f. 26-3-1993).
        2. Subs. by G.S.R. 214(E),

R.107(a) Implement lights for construction equipment vehicle

       Construction equipment vehicle having implements with front overhang greater than 60% of wheelbase shall be fixed with additional implement light of amber colour at a location nearest to the extreme edge of the implement without affecting the functions of showing light in all directions and where the implement is more than 3 metres in length, additional amber coloured lamps shall be fixed at a distance of not exceeding 3 metres for the entire length of the implement:
       Provided that in case of rear overhang the additional implement lights shall be in red colour.]
        
       —————
        1. Ins. by G.S.R. 642(E), dated 28th July, 2000 (w.e.f. 28-7-2000).


R.108 Use of red, white or blue light

       (1) No motor vehicle shall show a red light to the front or light other than red to rear:
       Provided that the provisions of this rule shall not apply to—
        (i) the internal lighting of the vehicle; or
        (ii) the amber light, if displayed by any direction indicator or top light or as top light used on vehicle for operating within the premises like airports, ports without going outside the said premises on to public roads;
        (iii) a vehicle carrying high dignitaries as specified by the Central Government* or the State Government, as the case may be, from time to time;
        (iv) the blinker type of red light with purple glass fitted to an ambulance van used for carrying patients; or
  

R.108(a) Use of red or white light on construction equipment vehicles

       No construction equipment vehicle shall show a red light to the front or light other than red to the rear:
       Provided that the provision of this rule shall not apply to—
        (i) the internal lighting of the vehicle;
        (ii) the amber light, if displayed by any direction indicator or top light;
        (iii) white light illuminating the rear or side registration number plate;
        (iv) white light used while reversing.
        (v) light provided for illuminating the implements working area on the ground in off highway or construction operations.]
        
       —————
   

R.109 Parking light

       2[Every construction equipment vehicle and every motor vehicle other than 3[***]] motor cycles and three wheeled invalid carriages shall be provided with one white or amber parking light on each side in the front. In addition to the front lights, two red parking lights one on each side in the rear shall be provided. The front and rear parking lights shall remain lit even when the vehicle is kept stationary on the road:
       Provided that these rear lamps can be the same as the rear lamps referred to in rule 105 sub-rule (2):
       4[***]]
       5[Provided also that construction equipment vehicles, which are installed with flood light lamps or sport lights at the front, rear or side of the vehicle for their off-highway or construction operations, shall have separate control for such lamps or lights and these sh

R.110 2[Lamps on three wheelers.]

       Every 3[three wheeler] shall be fitted with one front head lamp and 4[two side white or amber lights] or two front lamps on the body. In addition to the front lamp or side lights, it shall be fitted with 4[two rear lamp showing to the rear red light] visi­ble from a distance of 75 metres and a white light illuminating the registration mark exhibited on the rear of the vehicle so as to render it legible from a distance of 15 metres: and also two red reflex reflectors each having a reflecting area of not less than seven square centimetres:
       Provided in case where these vehicles are attached with trailers, the rear fitments mentioned in this rule and direction indicator system mentioned in rule 102 shall also be provided at the rear of the trailer]:
       5[Provided further that fitment of one head lamp shall be applicable only in case of three wh

R.111 Prohibition of spot lights, etc

       No spot-light or search-light shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of the regis­tering authority.


R.112 Exhaust gases

       Every motor vehicle shall be so constructed or equipped that the exhaust gases from the engine are discharged neither downward nor to the left side of the vehicle and shall be so fitted as to allow the gases to escape to the right side or rear of the vehicle:
       Provided that in the case of tankers carrying explosives and inflammable goods, the fitment of exhaust pipe shall be according to the specification of the Inspector of Explosives:
       1[Provided further that, in the vehicles where the exhaust gases are discharged to the right of the vehicle, slight downward angle shall be permitted, provided the exhaust gases do not kick up any dust when the vehicle is stationary and engine running and in any case the angle of the pipe to the horizontal should not be more than 30 degrees:
       Provided also that w

R.113 Location of exhaust pipes

       On and from the date of commen­cement of this sub-rule, 1[no exhaust pipe of a motor vehicle including construction equipment vehicle] shall be located within a distance of 35 millimetres from the fuel line connecting to the fuel tank and engine.
        
       —————
        1. Subs. by G.S.R. 116(E), dated 27th February, 2002 (w.e.f. 27-8-2002)


R.114 Exhaust pipes of public service vehicles

       The exhaust pipe of every public service vehicle shall be so fitted or shielded that no inflammable material is thrown upon it from any other part of the vehicle and that it is not likely to cause a fire through proximity to any inflammable material on the vehicle.


R.116 Test for smoke emission level and Carbon Monoxide level for vehicles

       (1) Notwithstanding anything contained in sub-rule (7) of rule 115 any officer not below the rank of Sub-Inspector of Police or the Inspector of Motor Vehicles who has reason to believe that a motor vehicle is not complying with the provisions of sub-rule (2) or sub-rule (7) of rule 115, may in writing direct the driver or any person incharge of the vehicle to submit the vehicle for conducting the test to measure the standards of emission in any one of the authorised testing sta­tions, and produce the certificate to an authority at the address mentioned in the written direction within 7 days from the date of conducting the check.
       (2) The driver or any person in-charge of the vehicle shall upon such direction by the officer referred to in sub-rule (1) submit the vehicle for testing for compliance of the provisions of 2[sub-rule (2) and sub-rule (7) of rule 115], at any authorised te

R.117 Speedometer

       (1) 1[Every motor vehicle (including construction equipment vehicles), other than an invalid carriage] or a vehicle, the designed speed of which does not exceed thirty kilometres per hour, shall be fitted with an in­strument (hereinafter referred to as “speedometer”) so con­structed and fixed in such a position as to indicate to the driver of the vehicle the speed at which the vehicle is travell­ing:
       2[Provided that every agricultural tractor shall be fitted with an Engine RPM-cum-Hour Meter:]
       3[Provided further that requirement of provision of speedometer is exempted for construction equipment vehicle in which the drivers cabin rotates about a vertical axis.]
       4[(2) On an expiry of one year and three months from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1999, ev

R.118 Speed governor

       (1) On and from the commencement of this rule1, such transport vehicles as may be notified by 2[the State Governments] in the Official Gazette shall be fitted by the opera­tor of such transport vehicle with a speed governor (speed con­trolling device)* 3[conforming to the Standard AIS:018, as amended from time to time,] in such a manner that the speed governor can be sealed with an official seal of the State Transport Authority or a Regional Transport Authority in such a way that it cannot be removed or tampered with or without the seal being broken.
       (2) The speed governor of every transport vehicle 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 down an incline.
        
       —————
      

R.119 Horns

       (1) 1[On and after expiry of one year from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1999, 2[every motor vehicle, agricultural tractor, power tiller and construction equipment vehicle] manufactured shall be fitted with an electric horn or other devices conforming to the requirements of IS: 1884-1992, specified by the Bureau of Indian Standards] for use by the driver of the vehicle and capable of giving audible and sufficient warning of the approach or position of the vehicle:
       3[Provided that on and from 1st January, 2003, the 4[horn installation requirements for motor vehicle] shall be as per 5[AIS-014] specifications, as may be amended from time to time, till such time as corresponding Bureau of Indian Standards specifications are notified.]
       (2) No 6[motor vehicle including agricultural tractor] shall be

R.121 Painting of motor vehicles

       (1) 1[No motor vehicle including 2[agricultural tractor and construction equipment vehicle]] shall be painted in olive green colour except those belonging to the Defence Department.
       (2) No contract carriage other than a tourist vehicle covered by permit under sub-section (9) of section 88 shall be painted in the manner specified in sub-rule (11) of rule 128.
       (3) No goods carriage other than a goods carriage covered by national permit shall be painted in the manner specified in sub-rule (1) of rule 90.
        
       —————
        1. Subs. by G.S.R. 642(E), dated 28th July, 2000 (w.e.f. 28-7-2000).
        2. Subs. by G.S.R. 111(E), dated 10th February, 2004, for “construction equipment

R.122 Embossment of the Chassis number and Engine number or in the case of Battery Operated Vehicles, motor number and month of manufacture

       (1) On and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, 3[every motor vehicle including agricultural tractor and construction equipment vehicle other than trailers and semi-trailers] shall bear the identification number including month and year of manufacture, embossed or etched or punched on it:
       Provided that in such vehicles where space is insufficient for etching, embossing or punching the 4[engine number/motor number, chassis number and month of manufacture], the etching, embossing or punching of year and month of manufacture shall be on an identi­fication plate welded or riveted to the body of the vehicle.
       5[(1A) On and from the date of commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000 every construction equipment vehicle shall bear the identification number including mo

R.123 Safety devices in motor cycle

       No motor cycle 1[which has provision for pillion rider] shall be constructed without provi­sion for a permanent hand grip on the side or behind the driver’s seat and a foot rest and a protective device covering not less than half of the rear wheel so as to prevent the clothes of the person sitting on the pillion from being entangled in the wheel:
       2[Provided that on and from 1st January, 2003, the pillion hand holds shall be governed by IS:14495-1998 specifications, as may be amended from time to time.]
        
       —————
        1. Ins. by G.S.R. 338(E), dated 26th March, 1993 (w.e.f. 26-3-1993).
        2. Ins. by G.S.R. 400(E), dated 31st May, 2002 (w.e.f. 31-5-2002).
        


R.124 Safety standards of components

       2[(1) The Central Govern­ment may, from time to time, specify, by notification* in the Offi­cial Gazette, the standards or the relevant standards specified by the Bureau of Indian Stan­dards of any part, component or assembly to be used in the manu­facture of a vehicle including construction equipment vehicle and the date from which such parts, compo­nents or assemblies are to be used in the manufacture of such vehi­cle and on publication of such notification every manufacturer shall use only such of these parts, components or assemblies in the manufacture of such vehicle:]
       3[Provided that any notification issued under this sub-rule before the commencement of the Central Motor Vehicles (6th Amendment) Rules, 2001, shall not be applicable after such commencement upto and including 4[26th August, 2002] in respect of any construction equipment.]
      

R.124(b) Safety standards of components for power tillers

       (1) The lamps and bulbs used on power tillers for—
        (a) the head light main and dip;
        (b) the parking light;
        (c) the direction indicator lamp;
        (d) the tail lamp;
        (e) the reversing lamp;
        (f) the stop lamp;
        (g) the rear Registration mark illuminating lamp,
       shall be in accordance with AIS:034:2004 as amended from time to time till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).
       (2) The lighting and signaling devices shall be in ac

R.124(a) Safety standards of components for agricultural tractors

       (1) The bulbs of the 2[following lamps used] on agricultural tractors shall conform to IS: 1606-1979, as amended from time to time.
       (a) Head light main and dip; (b) Parking light; (c) Direction indicator lamp; (d) Tail lamp; (e) Reversing lamp; (f) Stop lamp; (g) Rear Registration mark indicating lamp; and (h) Top light.
       (2) The lighting and light signalling devices for agricultural tractor shall be in accordance with AIS: 030, as amended from time to time, till such time the corresponding BIS standard is notified:
       Provided that the performance requirements of the lighting, light signalling and indicating systems of agricultural tractor manufactured on and from 3[1st October, 2005] shall be in accordance with safety standard AIS: 062, as amended from time to time, till such time corresponding

R.125 Safety-belt, collapsible steering column, auto-dipper and padded dashboards

       2[(1)] One year from the date of commencement of the Central Motor Vehicles (Amendment) Rules 1993, the manufacturer of every motor vehicle other than motor cycles and three-wheelers of engine capacity not exceeding 500 cc. shall equip every such vehicle with a seat belt for the driver and for the person occu­pying the front seat.
       3[(1A) The manufacturer of every motor vehicle of M1 category shall equip every motor vehicle with a seat belt for a person occupying the front facing rear seat:
       Provided that the specifications of Safety Belt Assemblies and Safety Belt Anchorages in motor vehicles shall conform to AIS:005-2000 and AIS:015-2000 specifications, respectively, as may be amended from time to time, till such time as corresponding Bureau of Indian Standards specifications are notified:
       Pr

R.125(c) Body building and approval

       (1) On a date to be notified, the testing and approval for body building of buses shall be in accordance with AIS:052:2001 as amended from time to time for vehicles mentioned therein, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).
       (2) The testing and approval for the body building of school buses shall be in accordance with AIS: 063: 2005 as amended from time to time for vehicles mentioned therein, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).]
        
       —————
        1. Ins. by G.S.R. 589(E), dated 16th September, 2005 (w.e.f. 16-9-2005).
        


R.125(b) Special requirements for transport vehicles that are driven on hills

       (1) On and from the 1st day of October, 2006, such four wheeled transport vehicles as may be notified by State Governments in the Official Gazette plying on such routes or areas in hilly terrains shall be fitted with fog lamp, power steering, defogging and demisting system and that the State Government would provide a lead time of six months for this purpose.
       (2) Anti-lock braking system shall be introduced in all M-2 category buses including those plying on All India Tourist Permit on and from the 1st day of October, 2007 in hill areas.]
        
       —————
        1. Ins. by G.S.R. 589(E), dated 16th September, 2005 (w.e.f. 16-9-2005).
        


R.125(a) Safety belt, etc., for construction equipment vehicles

       One year from the date of commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000, the manufacture of every construction equipment vehicle other than an agriculture tractor shall equip every such vehicle with a seat belt for the driver and for the person occupying the front seat, and with a rear-view mirror.]
        
       —————
        1. Ins. by G.S.R. 642(E), dated 28th July, 2000 (w.e.f. 28-7-2000).
        


R.126 Prototype of every motor vehicle to be subject to test

       On and from the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993, every 2[manufacturer or importer] of motor vehicles other than trailers and semi-trailers shall submit the prototype of the vehicle 3[to be manufactured or imported by him] for test by the Vehicle Research and Development Establishment of the Minis­try of Defence of the Government of India or Automotive Research Association of India, Pune, or the Central Machinery Testing and Training Institute, Budni (MP), or the Indian Institute of Petro­leum, Dehradun, and such other agencies as may be specified by the Central Government for granting a certificate by that agency as to the compliance of provisions of the Act and these rules:]
       4[Provided that the procedure for type approval and certification of motor vehicles for compliance to these rules shall be in accordance with the AIS:017-2000, as amended

R.126(b) Prototype of every construction equipment vehicle to be subject to test

       (1) On and from the date of commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000, every manufacturer of construction equipment vehicle shall submit the prototype of the construction equipment vehicle to be manufactured by him for test by any of the agencies referred to in rule 126 for granting a certificate by that agency as to the compliance of provisions of the Act and these rules.
       (2) The testing agencies referred to in rule 126 shall in accordance with the procedure laid down by the Central Government conduct tests on vehicles drawn from the production line of the manufacturer to verify whether the vehicles conform to the provisions of the Act, or rules or orders issued thereunder shall be re-numbered as sub-rule (1) thereof and after sub-rule (1) as so, renumbered:]
       2[Provided that the provisions of this sub-rule

R.127 Quality certificate by manufacturer

       1[(1)] On and from the date of commencement of this rule2, the sale of every motor vehicle manufactured shall be accompanied by a certificate of road-wor­thiness issued by the manufacturer in Form 22.
       3[(2) On and from the date of commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000, the sale of every construction equipment vehicle manufactured shall be accompanied by a certificate of road-worthiness issued by the manufacturer in Form 22.]
        
       —————
        1. Rule 127 re-numbered as sub-rule (1) thereof by G.S.R. 642(E), dated 28th July, 2000 (w.e.f. 28-7-2000).
        2. 1st day of April, 1991 vide S.O. 941(E), dated 11th December, 1990.
        3. Ins. by G

R.128 Tourist vehicles other than motor cabs, etc

       A tourist vehicle other than motor cab, taxi-cab, campers van house trai­ler, shall conform to the following specifications, namely:—
        1[(1) The dimensions shall conform to the dimensions specified in rule 93.]
        (2) Structure.—Structure of the tourist vehicle should be sturdy and strong, structural frame work using suitable material of adequate sectional area and an aerodynamical shape. For exterior panelling, aluminium sheet or good quality panelling material should be used. As regards interior panelling it should cover the entire interior roof, sides, back and bulk head portions. The body should be made completely leakproof and dustproof. The vehicle should also be rattle proof. Sound deadening should also be done for all panelling including the floor.
        2[(3) Passenger entrance and

R.128(a) Special provision for M3 category of vehicles

       The provisions of sub-rule (4) of rule 128 shall apply to all M3 category of vehicles.]
        
       —————
        1. Ins. by G.S.R. 589(E), dated 16th September, 2005 (w.e.f. 16-9-2007).
        


R.129 Transportation of goods of dangerous or hazardous nature to human life

       (1) Every owner of a goods carriage transporting any dangerous or hazardous goods shall, in addition to complying with the provisions of any law for the time being in force in relation to any category of dangerous or hazardous goods, comply with the following conditions, namely:—
        (i) every such goods carriage, carrying the same type of dan­gerous or hazardous goods (whether in bulk or in packages), shall display a distinct mark of the class label appropriate to the type of dangerous or hazardous goods specified in column 3 of the Table I to rule 137;
        (ii) in the case of packages containing goods listed in Table III in rule 137 and which represents two hazards as given in column 2 thereof, such packages shall display distinct labels to indicate both the hazards;
        (iii) every pac

R.129(a) Spark arrester

       Six months from the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993, every goods carriage carrying goods of dangerous or hazardous nature to human life shall be fitted with a spark arrester.]
        
       —————
        1. Ins. by G.S.R. 338(E), dated, 26th March, 1993 (w.e.f. 26-3-1993).
        


R.130 Manner of display of class labels

       (1) Where a class label is required to be displayed on a vehicle, it shall be so posi­tioned that the size of the class label is at an angle of 45 degrees to the vertical and the size of such label shall not be of less than twenty-five millimetres square which may be divided into two portions, the upper half portion being reserved for the pictorial symbol and the lower half for the text:
       Provided that in the case of smaller packages a suitable size of the label may be adopted.
       (2) Where the class label consists of adhesive material, it shall be waterproof and where it consists of metal or other substance on which the pictorial symbol and the text are printed, painted or affixed, they shall be affixed directly on such material and in every case, the surface of the vehicle surrounding the label shall be of a colour that contrasts vividly w

R.131 Responsibility of the consignor for safe transport of dangerous or hazardous goods

       (1) It shall be the responsibility of the consignor intending to transport any dangerous or hazard­ous goods listed in Table III, to ensure the following, namely:—
        (a) the goods carriage has a valid registration to carry the said goods;
        (b) the vehicle is equipped with necessary first-aid, safety equip­ment and antidotes as may be necessary to contain any accident;
        (c) that the transporter or the owner of the goods carriage has full and adequate information about the dangerous or hazardous goods being transported; and
        (d) that the driver of the goods carriage is trained in handling the dangers posed during transport of such goods.
       (2) Every consignor shall supply to the owner of th

R.132 Responsibility of the Transporter or owner of goods car­riage

       (1) It shall be the responsibility of the owner of the goods carriage transporting any dangerous or hazardous goods to ensure the following, namely:—
        (a) that the goods carriage has a valid registration to carry the said goods and the said carriage is safe for the trans­port of the said goods; and
        (b) the vehicle is equipped with necessary first-aid, safety equipment, tool box and antidotes as may be necessary to contain any accident.
       (2) Every owner of a goods carriage shall, before undertaking the transportation of dangerous of hazardous goods in his goods car­riage, satisfy himself that the information given by the consig­nor is full and accurate in all respects and corresponds to the classification of such goods specified in rule 137.
      &nbs

R.133 Responsibility of the driver

       (1) The driver of a goods carriage transporting dangerous or hazardous goods shall ensure that the information given to him in writing under sub-rule (3) of rule 132 is kept in the driver’s cabin and is available at all time while the dangerous or hazardous goods to which it relates, are being transported.
       (2) Every driver of a goods carriage transporting any dangerous or hazardous goods shall observe at all times all the directions necessary for preventing fire, explosion or escape of dangerous or hazardous goods carried by him while the goods carriage is in motion, and when it is not being driven he shall ensure that the goods carriage is parked in a place which is safe from fire, explosion and any other risk, and at all times the vehicle re­mains under the control and supervision of the driver or some other competent person above the age of 18 years.]
    

R.135 Driver to be instructed

       The owner of every goods carriage transporting dangerous or hazardous goods shall ensure to the satisfaction of the consignor that the driver of the goods car­riage has received adequate instructions and training to enable him to understand the nature of the goods, being transported by him, the nature of the risks raising out of such goods, precautions he should take while the goods carriage is in motion or stationary and the action he has to take in case of any emergency.


R.136 Driver to report to the police station about accident

       The driver of a goods carriage transporting any dangerous or hazard­ous goods shall, on the occurrence of an accident involving any dangerous or hazardous goods transported by this carriage, report forthwith to the nearest police station and also inform the owner of the goods carriage or the transporter regarding the accident.]
       —————
        1. Subs. by G.S.R. 338(E), dated, 26th March, 1993 (w.e.f. 26-3-1993).


R.138 Signals and additional safety measures for 1[motor vehicle]

       (1) The driver of a 1[motor vehicle] shall make such signals and on such occasions as are specified in the regulations made under section 118.
       (2) The driver of a motor cycle shall, in addition to the safety measures mentioned in sub-section (I) of section 128, comply with the requirements of rule 123.
       2[(3) In a motor vehicle, in which seat-belts have been pro­vided under sub-rule (1) or sub-rule (1A) of rule 125 or rule 125A, as the case may be, it shall be ensured that the driver, and the person seated in the front seat or the persons occupying front facing rear seats, as the case may be, wear the seat belts while the vehicle is in motion.]
       (4) On and after expiry of one year from the date of commence­ment of the Central Motor Vehicles (Amendment) Rules, 1999, the driver of every vehicle sh

R.139 Production of licence and certificate of registration

       The driver or a conductor of a motor vehicle shall produce certifi­cates of registration, insurance, fitness and permit, the driving licence and any other relevant documents on demand by any police officer in uniform or any other officer authorised by the State Government in this behalf, and if any or all of the documents are not in his possession, he shall produce in person an extract or extracts of the documents duly attested by any police officer or by any other officer or send it to the officer who demanded the documents by registered post within 15 days from the date of demand.]
        
       —————
        1. Subs. by G.S.R. 684(E), dated 5th October, 1999 (w.e.f. 22-10-1999) and again subs. by G.S.R. 76(E), dated 31st January, 2000 (w.e.f. 31-1-2000).


R.140 Definitions

       In this Chapter, unless the context otherwise requires,—
        (i) “accounting year” means the year commencing on the first day of April, and ending with the 31st day of March of the following year;
        (ii) “approved list” means the list of foreign insurers and their guarantors maintained by the Central Government under these rules;
        (iii) “Authority” means the Central Government or a State Gov­ernment or any local authority or any State Transport Undertak­ing, motor vehicles owned by whom have been exempted from compul­sory insurance under sub-section (2) of section 146;
        (iv) “bank” means a company which accepts, for the purposes of lending or investment, deposits of money from the public repaya­ble on demand or otherwise, and withdrawa

R.141 Certificate of insurance

       An authorised insurer shall issue to every holder of a policy of insurance, a certificate of in­surance in Form 51 in respect of each such vehicle.


R.142 Cover notes

       (1) Every cover note issued by an authorised insurer shall be in Form 52.
       (2) A cover note referred to in sub-rule (1) shall be valid for a period of sixty days from the date of its issue and the insurer shall issue a policy of insurance before the date of expiry of the cover note.


R.143 Issue of certificates and cover notes

       Every certificate of insurance or cover note issued by an insurer in compliance with the provisions of this Chapter shall be duly authenticated by such person as may be authorised by the insurer.


R.144 Transfer of certificate of insurance

       When the ownership of a motor vehicle covered by a valid insurance certificate is transferred to another person together with the policy of in­surance relating thereto the policy of insurance of such vehicle shall automatically stand transferred to that other person from the date of transfer of ownership of the vehicle and the said person shall within fourteen days of the date of transfer inti­mate to the authorised insurer who has insured the vehicle, the details of the registration of the vehicle, the date of transfer of the vehicle, the previous owner of the vehicle and the number and date of the insurance policy so that the authorised insurer may make the necessary changes in his record.


R.145 Exclusion of advertising matter

       No certificate of in­surance or cover note issued in pursuance of Chapter XI of the Act and of this Chapter shall contain any advertising matter either on the face or on the back thereof.


R.146 Certificates or cover notes lost, destroyed, torn, soiled, defaced or mutilated

       (1) Where the holder of a policy—
        (a) lodges with an authorised insurer a declaration in which he declares that a certificate of insurance or cover note issued to him by such insurer has been lost, destroyed, torn, soiled, defaced or mutilated and sets out full particulars of the circum­stances connected with the loss or destruction of the certificate or cover note and the efforts made to find it; or
        (b) returns to the authorised insurer the certificate of in­surance or cover note issued to him by such insurer in a torn, soiled, defaced or mutilated condition; and
        (c) pays to the insurer a fee of rupees twenty in respect of each such certificate or cover note, the authorised insurer shall, if satisfied that such certificate or cover note has been lost or destroyed and that a

R.147 Records to be maintained by authorised insurers

       Every authorised insurer shall keep a record of the following particu­lars in respect of every policy of insurance issued by him for a period of five years, namely:—
        (i) full name and address of the person to whom the policy is issued;
        (ii) in the case of a policy relating to a specified motor vehicle, the registration mark and the number of such vehicle and in other cases, description of the vehicle covered;
        (iii) the date on which the policy of insurance comes into force and the date of its expiry;
        (iv) the conditions subject to which the persons or classes of persons specified in the policy of insurance will be indemnified;
        (v) the number and date of issue of every certifica

R.148 Records of exempted vehicles

       (1) In the case of a motor vehicle owned by any of the authorities specified in sub-section (2) of section 146 as also in the case of motor vehicles exempted under sub-section (3) of section 146, a certificate in Form 53 signed by a person authorised in that behalf by such authorities may be produced in evidence that the motor vehicle is not being driven in contravention of section 146.
       (2) The authority referred to in sub-section (2) or exempted under sub-section (3) of section 146 shall keep a record of the motor vehicles owned by it in respect of which a policy of in­surance has not been obtained and of any certificates issued by it under these provisions in respect of such vehicles, and of the names and addresses of the persons to whom such certificates have been issued and of the cancellation of any such certificates.


R.149 Supply of information

       Any person, authority or authorised insurer required under the provisions of this Chapter to keep records of the documents shall furnish on request without any charge any particulars thereof to the Central Government or a State Government or to any police officer authorised in this behalf by the State Government.


R.150 Furnishing of copies of reports to Claims Tribunal

       (1) The police report referred to in sub-section (6) of section 158 shall be in Form 54.
       (2) A registering authority or a police officer who is required to furnish the required information to the person eligible to claim compensation under section 160, shall furnish the informa­tion in Form 54, within seven days from the date of receipt of the request and on payment of a fee of rupees ten.


R.151 Establishment of fund

       (1) Each of the authorities referred to in sub-section (3) of section 146 shall establish a fund for meeting any liability arising out of the use of any motor vehicle of that authority or any person in its employment may incur to third parties including liability arising under the Workmen’s Compensation Act, 1923 (8 of 1923).


R.152 Amount of the fund

       (1) The fund shall be established with an initial amount of not less than rupees five lakhs and the said amount shall be kept in deposit with a bank or the Government.
       (2) Subject to the provisions of sub-rule (3), the authority shall pay into the fund at the beginning of each accounting year in respect of its vehicles in running condition a sum of not less than rupees two hundred per vehicle.
       Explanation.—In this sub-rule “vehicles in running condition” means all the vehicles of the authority which are expected to be in operation at any time during the accounting year.
       (3) When the fund exceeds rupees twenty lakh or rupees two thou­sand and five hundred per vehicle for the entire fleet of vehi­cles, whichever is less, annual payment referred in sub-rule (2) shall cease provided that if therea

R.153 Investment of the fund

       From the amount at the credit of the fund the authority shall keep and maintain a cash deposit of not less than rupees fifty thousand in the bank and the rest of the amount at the credit of the fund shall be invested in Govern­ment securities.


R.154 Securities held as a deposit in the fund

       (1) All Government securities in which the fund is invested shall be transferred to the bank by the authority.
       (2) It shall be competent for the authority at any time to ex­change the Government securities for cash or for other Government securities of equal or greater market value, or both, and the bank shall carry out the instructions issued by the authority for such exchange after charging the usual commission to the authori­ty. The securities so exchanged shall also be transferred to the bank.


R.155 Deposit procedure

       (1) As soon as the fund is established, the bank shall send to the authority a statement specifying the assets held by it on behalf of the authority and shall also send a copy thereof to the Central Government in the Ministry of Surface Transport or the State Government concerned, as the case may be.
       (2) The statement referred to in sub-rule (1) shall be sent in the same manner and to the same authorities whenever there is a change in the assets of the authorities held by the bank.


R.156 Interest on deposits

       Interest realised on each deposit or the securities held in the fund shall be paid by the bank to the authority.


R.157 Withdrawal

       (1) No amount shall be withdrawn from the fund except for the purpose of meeting any liability arising out the use of any motor vehicle of the authority which the authority or any person in the employment of the authority may incur to third parties including liability arising under the Workmen’s Compensa­tion Act, 1923 (8 of 1923).
       (2) The authority shall, subject to such conditions and restric­tions as it may impose in this behalf, authorise one of its officers to draw money from the fund for the purpose mentioned in sub-rule (1).
       (3) A copy of the authorisation referred to in sub-rule (2) duly authenticated by a competent officer of the authority shall be sent to the bank which shall permit withdrawal only by the offi­cer named in such authorisation subject to the conditions and restrictions contained therein.


R.158 Settlement of claims

       The authority shall comply with such directions as the Central Government or the State Government, as the case may be, may, from time to time, issue, with respect to the procedure to be followed for settlement of claims which are to be met out of the funds.


R.159 List of foreign insurers

       (1) The Central Government shall publish in the Official Gazette a list (hereinafter referred to as the approved list) of foreign insurers who have been guar­anteed in accordance with the provisions of this Chapter, to­gether with the name of the guarantor or guarantors in each case and shall also publish from time to time any addition to or removal from the approved list.
       (2) No foreign insurer’s name shall be added to the approved list until such foreign insurer has been guaranteed by at least one insurer and the name of the foreign insurer who ceases to have at least one guarantor shall be removed from the list.


R.160 Guarantor of foreign insurer

       (1) An insurer who desires to guarantee a foreign insurer shall make application therefor to the Central Government in Form 55.
       (2) The Central Government may, if it is satisfied that the application referred to in sub-rule (1) is in order and that it is expedient that the foreign insurer be placed in the approved list or, where the name of the foreign insurer is already includ­ed in the approved list, that the insurer should be added to the approved list as guarantor of the foreign insurer, and the name of the foreign insurer to the approved list if it is not already included, and include the insurer as a guarantor of such foreign insurer.
       (3) A guarantor desiring to cease guaranteeing a foreign insurer shall give notice of not less than two months to the Central Government in Form 56, and where such notice has been given, the guarantor

R.161 Endorsement of certificate of foreign insurance

       (1) A visitor wishing to have a certificate of foreign insurance en­dorsed or re-endorsed shall produce such certificate in Form 57 before the Customs Collector at a port of entry or land customs post or to such other officer as the Central Government may, by notification in the Official Gazette appoint, for the purpose of endorsement in accordance with the provisions of this Chapter or for the purpose of the renewal of any endorsement already made on the certificate in accordance with this chapter.
       (2) Such officer shall, if satisfied that the certificate of foreign insurance complies with the requirements of the provi­sions of this Chapter, that the period of validity of such cer­tificate in India has not expired, that the certificate has been issued by a foreign insurer in the approved list and that the guarantor specified in the certificate is shown in the approved list as a gu

R.162 Validity of certificate of foreign insurance

       A certificate of foreign insurance carrying an endorsement in accordance with the provisions of rule 161 shall have effect as if it were a certificate of insurance issued by the guarantor specified in it and shall be deemed to comply with the requirements of Chapter XI of the Act; and the policy to which it relates shall also be deemed to have been issued by such guarantor and to comply with the requirements of Chapter XI of the Act.


R.163 Maintenance of records by the guarantor

       Every guarantor shall in respect of certificates of foreign insurance issued under his guarantee by the foreign insurer whom he has guaranteed and every person who has ceased to be a guarantor shall, in respect of the certificate of foreign insurance issued under his guaran­tee by the foreign insurer whom he had guaranteed at any time in the preceding five years, keep a record of such particulars relating to the policies in connection with which the certifi­cates of foreign insurance were issued as are required to be kept by insurers under the provisions of rule 147 in respect of po­licies, and the necessary additions to those records required to make them up-to-date shall be made as soon as is reasonably possible in the circumstances.


R.164 Offences for the purpose of section 208

       The offences for the purpose of sub-section (1) of Section 208 shall be—
        (a) Driving during the period of disqualification (section 23);
        (b) Failure to stop the vehicle when it is involved in an acci­dent (section 132);
        (c) Obtaining or applying for a driving licence without giving particulars of endorsement (section 182);
        (d) Driving dangerously (section 184);
        (e) Driving while under the influence of drinks or drugs (sec­tion 185);
        (f) Abetment of an offence under section 184 or section 185 or section 188;
        (g) Taking part in unauthorised race or trial of speed of any kind (s

ANNEXURE.VI SPECIMEN OF OBJECTIVE EXAMINATION OF A DRIVER

       1[ANNEXURE VI
       [See rule 11(1A)]
       1. You are driving up an intersection where there is no signal, people are crossing in front of your car, you should—
        (a) continue into the intersection without reducing speed
        (b) slow down and be careful
        (c) stop and allow persons to cross the road.
       2. You wish to take a “U” turn at an intersection con­trolled by a traffic light, you should—
        (a) drive to another intersection that has no traffic light
        (b) wait until the light turns green before making the “U” turn
      &n

ANNEXURE.X Safety and Procedural Requirements for type Approval of CNG and LPG operated Vehicles

       1[Annexure X
       2[See Item F of rule 115B and sub-rule (10) of rule 115(c)]
       Ministry of Road Transport and Highways has prescribed Safety Code of Practice and Procedure to be followed by the test agencies prescribed under CMVR for the purposes of issuing type approval certificates for CNG and LPG operated vehicles. The safety code of practice and type approval procedure to be followed for CNG and LPG operated vehicles is given in AIS 024 (Safety and Procedural Requirements for Type Approval of CNG Operated Vehicles) and AIS 025 (Safety and Procedural Requirements for Type Approval of LPG Operated Vehicles) standards respectively. These documents contain safety code of practice and procedure to be followed for installation of CNG/LPG kits by vehicle manufacturers (OE), kit installers or kit manufacturers or kit suppliers or kit importers. Th


Legal Commentary on Central Motor Vehicles Rules, 1989 - Annexure X

Introduction

The Central Motor Vehicles Rules, 1989 (CMVR) were enacted to regulate various aspects of motor vehicle operation and safety in India. Annexure X specifically addresses the procedural requirements for type approval of CNG (Compressed Natural Gas) and LPG (Liquefied Petroleum Gas) operated vehicles, ensuring compliance with safety and environmental standards.

What does Section Say

Annexure X outlines the necessary safety and procedural requirements that must be met for the type approval of vehicles powered by CNG and LPG. This includes specifications for vehicle design, emissions, and operational safety.

Essential Ingredients

  • Type Approval: Vehicles must undergo a rigorous testing process to ensure they meet the specified safety and emissions standards.
  • Safety Standards: Detailed guidelines are provided to ensure that vehicles are safe for public use.
  • Environmental Compliance: The rules aim to minimize the environmental impact of vehicles using alternative fuels.

Scope of Section

The scope of Annexure X extends to all manufacturers and importers of CNG and LPG vehicles, mandating compliance with the outlined standards before vehicles can be sold or operated in India.

Punishment for Section

While specific penalties for non-compliance with Annexure X are not detailed in the provided sources, violations of the CMVR can lead to fines, suspension of vehicle registration, or other legal actions as per the overarching Motor Vehicles Act.

Legal Comments

  • Type Approval - The requirement for type approval ensures that only vehicles meeting safety and environmental standards are allowed on the roads. - [Source Reference]
  • Safety Compliance - Manufacturers must adhere to stringent safety protocols to protect users and the environment. - [Source Reference]
  • Environmental Standards - The focus on CNG and LPG vehicles reflects a commitment to reducing vehicular emissions and promoting cleaner fuel alternatives. - [Source Reference]
  • Regulatory Framework - The CMVR provides a comprehensive regulatory framework that governs the operation of motor vehicles in India. - [Source Reference]
  • Testing Procedures - Detailed testing procedures are essential for verifying compliance with safety and emissions standards. - [Source Reference]
  • Manufacturer Responsibility - It is the responsibility of manufacturers to ensure that their vehicles comply with the requirements set forth in Annexure X. - [Source Reference]
  • Public Safety - The rules are designed to enhance public safety by ensuring that vehicles are safe for operation. - [Source Reference]
  • Impact on Industry - Compliance with these regulations may require significant investment from manufacturers, impacting the overall cost of vehicle production. - [Source Reference]
  • Innovation Encouragement - The focus on alternative fuels encourages innovation in vehicle design and technology. - [Source Reference]
  • Legal Accountability - Manufacturers failing to comply with Annexure X may face legal repercussions, emphasizing the importance of adherence to the rules. - [Source Reference]
  • Consumer Awareness - Consumers should be aware of the standards that vehicles must meet, promoting informed purchasing decisions. - [Source Reference]
  • Government Oversight - The enforcement of these rules is crucial for maintaining standards and ensuring compliance across the industry. - [Source Reference]
  • Future Developments - As technology evolves, the CMVR may need to adapt to incorporate new safety and environmental standards. - [Source Reference]
  • International Standards - The rules may align with international standards for vehicle emissions and safety, promoting global best practices. - [Source Reference]
  • Training and Certification - Adequate training and certification for manufacturers and operators are essential for compliance with the rules. - [Source Reference]
  • Public Awareness Campaigns - Government initiatives to raise awareness about the benefits of CNG and LPG vehicles can enhance public acceptance. - [Source Reference]
  • Monitoring and Evaluation - Continuous monitoring and evaluation of compliance with Annexure X are necessary to ensure ongoing safety and environmental protection. - [Source Reference]
  • Collaboration with Stakeholders - Engaging with industry stakeholders can facilitate better implementation of the rules and standards. - [Source Reference]
  • Legal Framework - The legal framework established by the CMVR supports the enforcement of safety and environmental standards in the automotive sector. - [Source Reference]
  • Penalties for Non-Compliance - While specific penalties are not detailed, the overarching legal framework suggests significant consequences for non-compliance. - [Source Reference]

ANNEXURE.XI I. Smart Card specifications for Driving Licence, Registration Certificate, Regional Transport Office cards, endorsing authority cards, reviewing authority cards, key generation authorities cards, etc.

       1[ANNEXURE XI
       [See clause (s) of rule 2]
       (a) Microprocessor based Integrated Circuit Card with contacts and with a minimum of 4 kbyte available Electrically Erasable Programmable Read Only Memory (EEPROM)
       (b) Compliant to ISO/IEC 7816-1, 2 and 3
       (c) Compliant to SCOSTA vl.2b, dated March 15, 2002
       (d) Supply voltage 3V nominal
       (e) T=0 or T=1 transport protocol
       (f) Min 10 years data; retention
       (g) Min 300,000 EEPROM write cycles
       (h) Operating ambient temperature range -25°C to +55°C
       (i)

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