MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 29th May, 2020
G.S.R. 336(E).— Whereas, the following draft rules further to amend the Central Motor Vehicles Rules, 1989, which the Central Government proposes to make in exercise of the powers conferred by Sections 27(q), 8(2), 8(6), 9(2), 11(2),15(2), 15(4), 19(1A), 25A, 41(1), 41(3), 41(8), 41(10), 43, 44(1), 49(1A), 50(1), 62B, 63, 64(p) 211A of the Motor Vehicles Act, 1988 ( 59 of 1988) were published, as required under sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notification of the Government of India in the Ministry of Road Transport and Highways vide number G.S.R.184 (E), dated the 18th day of March, 2020, in the Gazette of India, Extraordinary, Part II, Section (3), Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date of which copies of the Official Gazette containing the draft rules were made available to the public. However, due to outbreak of COV ID-19 these draft rules are being published again for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of Sixty days from the date on which the copies of this notification as published in the Gazette of India, are made available to the public.
Objections or suggestions, if any, may be sent to the Joint Secretary (MVL), Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001, Email: jspb[email protected] n.
The objections or suggestions received earlier against the GSR 184(E) dated 18th March 2020 would be considered and are not required to be sent again. Any objections or suggestions which may be received from any person with respect to the said draft rules before the expiry of the period aforesaid will be considered by the Central Government;
DRAFT RULES
1. Short title and commencement. – (1) These rules may be called as the Central Motor Vehicles (……………….. Amendment) Rules, 2020.
(2) Save as otherwise provided in these rules, they shall come into force on the date of their final publication in the Official Gazette.
2. In the Central Motor Vehicles Rules, 1989 (herein after referred as the said rules), in rule 2,
(a) For clause (i), the following shall be substituted, namely: –
“(i) Category L1 means a motor cycle without gear or a light two wheeled powered vehicle with maximum speed 70 kilometres per hour and engine capacity not exceeding 50cc if fitted with a thermic engine or motor power not exceeding 4.0 kilowatts if fitted with electric motor”;
(b) Clause (ia) shall be omitted;
(c) For clause (ib), the following shall be substituted, namely:-
“(ib) Category L2 means a motorcycle or a light two wheeled powered vehicle with engine capacity exceeding 50cc if fitted with a thermic engine or motor power exceeding 4.0 kilowatts if fitted with electric motor”;
(d) after clause (cc), the following clause shall be inserted, namely: –
“(cd) “Facilitation Centre” means any physical facility which may be notified by the Central Government or a State Government or both as the case may be, containing necessary resources and authorized persons to facilitate access to and use of Portals by any person, either for a charge or otherwise.”;
(e) in clause (e), after the words “appended to these rules”, the following shall be inserted, namely “including a corresponding electronic form made available on Portal”
(f) after clause (x), the following clause shall be inserted, namely: –
“(xa) “Portal” means a web and/or mobile based electronic system, notified, set up and maintained by the Central Government for carrying into effect all or any of the matters referred to under Section 211A, such as:
(i) facilitating licensing, registration, issuance of certificate of fitness and permits of motor vehicles;
(ii) recording of offences including compounding, impounding, making endorsements, suspension and revocation of licenses and registrations;
(iii) preserving, retaining and granting access to machine readable, printable, shareable, verifiable and secure electronic records;
(iv) for carrying out such other functions and for such purposes as may be notified by the Central Government or as prescribed by these rules.
Provided that the Central Government may notify different Portals for serving different functions.
Provided further that any reference to a Portal in any rule or notification shall be construed as a reference to the relevant notified Portal serving that function.”
3. In the said rules, in rule 5, in sub-rule (1): –
(a) for the words “be accompanied by”, the word “include” shall be substituted.
(b) for the words “in Form 1”, the words “appended to Form 2” shall be substituted.
(c) after the words “medical certificate in Form 1A issued” and before the words “by a registered medical practitioner”, the following shall be inserted, namely: –
“electronically on the Portal”
(d) the following proviso shall be inserted, namely: –
“Provided that every application for renewal of a driving license to drive a vehicle other than a transport vehicle shall be accompanied by a medical certificate in Form 1A issued electronically on the Portal by a registered medical practitioner referred to in sub-section (3) of section 8, in case the applicant has attained the age of forty years.”.
4. In the said rules, in rule 5, sub-rule (2) shall be omitted.
(5) In the said rules, in rule 5, –
(i) in sub-rule (3): –
(a) for the words “one year”, the words “six months” shall be substituted.
(b) after the words “It shall be accompanied by a passport size copy of the photograph of the applicant”, the following shall be inserted, namely: –
“to be submitted electronically on the Portal.”
(ii) after sub-rule (3), the following sub-rule shall be inserted, namely: –
“(4) Every medical certificate issued by a registered medical practitioner referred to in sub-section (3) of section 8 in Form 1A, shall only be issued electronically on the Portal.”
(6) In the said rules, rule 8 shall be omitted;
(7) In the said rules, for rule 8A, the following rule shall be substituted, namely: –
“8A. Minimum training required for driving E-rickshaw or E-cart. -Every applicant for obtaining a license to drive E-rickshaw or E-cart shall undergo training for a period of at least ten days and obtained a certificate of training from any institution authorized by the State Government.”;
(8) In the said rules, in rule 9: –
(a) in the heading, for the words “Educational qualifications”, the words “Minimum training and language comprehension requirement” shall be substituted.
(b) In sub-rule (2), the words “the minimum educational qualification or” shall be omitted.
(c) In sub-rule (2), for the words “the licensing authority in whose jurisdiction”, the words “any licensing authority in the State in which” shall be substituted.
(9) In the said rules, in rule 10: –
(a) after the words “shall be accompanied by”, the following shall be inserted, namely: –
“the following documents and fees, submitted electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre—”
(b) for clause (a), the following clause shall be substituted, namely-
“(a) a medical certificate in Form 1A in case of an application for learner’s license to drive a transport vehicle;”
(c) in clause (b), the words “three copies of” shall be omitted;
(d) in clause (e), after the words “proof of residence”, the words “and age” shall be inserted.
(e) clauses (f) and (g) shall be omitted.
(f) after clause (g), the following clause shall be inserted, namely:-
“(h) in case of an application for a learner’s license to drive an adapted vehicle, a medical certificate in Form 1A along with a certificate of disability, if any.”
(10) In the said rules, for rule 11, the following rule shall be substituted, namely: –
“11. Conditions to be satisfied for learner’s license.-(1) Within seven days of submitting an application under Rule 10, every applicant for a learner’s licence shall complete a tutorial on safe driving, electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre.
(2) The tutorial on safe driving shall contain information on 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;
(d) the documents he should carry with him while driving a motor vehicle;
(3) After undertaking the tutorial on safe driving, every applicant shall undertake a test within seven days of submitting an application under Rule 10, electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre consisting of questions of objective type as specified in Annexure VI, to test the applicant’s knowledge and understanding of the matters specified in sub-rule (2).
(4) applicant shall be deemed to have successfully passed the test specified under sub-rule (3), if the applicant correctly answers at least 60 per cent of the questions put to him.
(5) Nothing contained in sub-rule (1) and (3) shall apply to the following class of applicants, namely: –
(a) the holder of an effective driving licence,
(b) the holder of a driving licence which has expired,
(c) the holder of a learner’s licence issued or reissued prior to the commencement of these
(d) the holder of a certificate to the effect of the possession of adequate knowledge and understanding of the matters referred to in rule 24, issued by any driving school or establishment referred to in Section 12.”
(11) In the said rules, in rule 13, the words “Every learner’s license issued by the licensing authority shall be in Form 3.”, shall be substituted by,
“(1) Subject to Section 8(4), Every learner’s licence shall be issued electronically by the licensing authority in printable Form 3, immediately upon the successful satisfaction of the conditions prescribed under Rule 11.
(2) Pursuant to Section 8(6), learner’s license may be issued in electronic form by the licensing authority after verifying the identity of the applicant through e-signature as specified under the provisions of the Information Technology Act, 2000 or verified by any other mode of signature or verification as notified by the Central Government.”
(12) In the said rules, in rule 14, –
(i) in sub-rule (1): –
(a) In clause (c), the words “three copies of” shall be omitted.
(b) In clause (d), after the words, “a medical certificate in 1 [Form 1A]” the following shall be inserted, namely: –
“in case of an application for license to drive a transport vehicle”
(c) In clause (e), before the words, “a driving certificate in Form 5” the following shall be inserted, namely: –
“in the case of an application for driving license to drive a transport vehicle,”
(d) In clause (e), the words “if any” shall be omitted.
(e) In clause (f), after the words “proof of residence”, the words “and age” shall be inserted.
(f) Clause (g) shall be omitted.
(ii) in sub-rule (2), –
(a) after the words “shall be made in Form 4A” and before the words “and shall be accompanied by”, the following shall be inserted, namely-
“electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre, or otherwise”;
(b) in clause (c), the words, “three copies of” shall be omitted.
(13) In the said rules, in rule 15, –
(i) in sub-rule (1), after the words “for a period of at least thirty days”, the words “, except in case of a test of competence required for renewal of driving license” shall be inserted.
(ii) after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A) No person shall appear for the test of competence to drive an adapted vehicle unless he brings a duly registered adapted vehicle for the driving test.”
(14) In the said rules, in rule 16, in sub-rule (4), after the words “issued by a licensing authority shall be” and before the words, “in Form 6-A”, the following shall be inserted, namely: –
“issued either electronically or otherwise”
(15) In the said rules, in rule 17, –
(i) in sub-rule (1), after clause (d), the following clause shall be inserted, namely: –
“(e) save as otherwise provided in rule 6, a medical certificate in 1 [Form 1A] in case of an application for addition to license to drive a transport vehicle;”
(ii) after sub-rule (2), the following sub-rule shall be inserted, namely: –
“(3)Pursuant to Section 11(2), the license with additions may be issued by the licensing authorityafter verifying the identity of the applicant through e-signature as specified under the provisions of the Information Technology Act, 2000 or verified by any other mode of signature or verification as notified by the Central Government.”
(16) In the said rules, after rule 17, the following rule shall be inserted, namely: –
“17A. Permanently surrendering a class or classes of vehicles from the driving licence. –(1) Any person holding a driving license to drive one or more classes of motor vehicles, whether effective or expired, may apply, to any licensing authority in the State in which he resides or carries on business, for permanently surrendering a class or classes of vehicles from the driving license, in Form 8 along with the driving licence held by the applicant and appropriate fee as specified in Rule 32.
(2) Within seven days from the receipt of the application under sub-rule (1), the licensing authority shall delete the class or classes of motor vehicle from the applicant’s driving license, for which the application has been made.
(3) For the purposes of surrendering a class or classes of motor vehicles for which the license has expired, its renewal shall not be required.”
(17) In the said rules, in rule 18,
(i) in sub-rule (1),
(a) for the words, “the licensing authority having jurisdiction over the area” the words, “to any licensing authority in the State” shall be substituted.
(b) for clause (d), the following clause shall be substituted, namely: –
“(d) in the case of an application for renewal of license to drive a transport vehicle the medical certificate in Form 1A or in the case of an application for renewal of license to drive a non-transport vehicle if the applicant has attained the age of forty years.”
(ii) in sub-rule (3), the first and second proviso shall be substituted by the following, namely: –
“Provided that recording of the renewal of driving license on the Portal for driving license or the Portal for National Register of Driving License shall be deemed to be sufficient intimation to the licensing authority who issued the driving license for the purpose of sub-rule (3).
(iii) after sub-rule (3), the following sub-rule shall be inserted, namely: –
“(4)If the application for renewal of a driving license is made after the date of its expiry, the licensing authority shall not require an effective learner’s license to drive the vehicle of the type to which the application relates”;
(18) In the said rules, after rule 18, the following rule shall be inserted, namely: –
“18A. Issuance of duplicate driving licence. –In case of an application for issuance of a duplicate driving licence which has been lost, torn or mutilated such that the identification or authenticity of the document cannot be reasonably established, the licensing authority receiving such application shall, in case the driving license details are available on the Portal, issue the duplicate driving licence:
Provided that if the driving license details are not available on the Portal, the licensing authority receiving the application for issuance of a duplicate driving license shall issue the driving license on confirmation from the original licensing authority, electronically through the Portal:
Provided further that if such confirmation is not received within 60 days, from the original licensing authority, in case the driving license details are not available on the Portal, the duplicate licence shall be issued by the licensing authority receiving the application, without waiting for the confirmation”;
(19) In the said rules, in rule 21, clauses (9), (16) and (25) shall be omitted.
(20) In the said rules, after rule 21, the following rule shall be inserted, namely: –
“21A. Placing names in public domain. –(1) Subject to sub-rules (2) and (3), upon revocation of a driving licence by an order passed by the licensing authority under Section 19(1A),
(i) if an appeal is made by any person aggrieved by the order against the order under Section 19(3) and the appeal is dismissed by the appellate authority or
(ii) if an appeal is not made by any person aggrieved within one month from the date of the order passed by the licensing authority then, such licensing authority may display the particulars of the holder of such licence on the Portal, in a separate section titled ‘Revocation of Driving License under Section 19(1A) of the Act’, in a machine readable electronic, printable, shareable form in portable document format (pdf), for access by the general public.
(2) For the purposes of sub-rule (1), the following particulars about the holder of the revoked driving license shall be displayed on the Portal for six months:
i. the name;
ii.the driving licence number which has been revoked;”
(21) In the said rules, after rule 23, the following rules shall be inserted, namely: –
“23A. National Register of Driving Licenses. -(1) The Central Government shall notify and maintain a Portal for National Register of Driving Licenses, which shall be a repository of electronic records containing all particulars pertaining to licenses issued and renewed in each State in Form 10A.
(2) Data on such Portal shall be retained, stored and preserved in a machine readable electronic, printable, shareable form as may be notified by the Central Government.
(3) From the date of commencement of the Motor Vehicles (Amendment) Rules, 2020, those states which have not transmitted all information including contained data in the State Register of Driving Licenses to the Central Government, shall electronically transmit all information including contained data in the State Register of Driving Licenses in Form 10A to the Central Government within six months from the date of commencement of the Central Motor Vehicles (…..Amendment) Rules, 2020for collating electronic records on the Portal for National Register of Driving Licenses. ;
23B. Access and Updation of the National Register of Driving Licenses by Licensing Authorities. -(1) The Portal for National Register of Driving Licenses shall be used by Licensing Authorities or such authorized officers designated by the State Government in each State to:
(i) access electronic records available on the Portal for National Register of Driving Licenses;
(ii) electronically update any particulars pertaining to licenses, in real time, in accordance with the provisions of the Act and these rules;
(iii) create a new electronic record in real time, in respect of any driving license issued or renewed by the licensing authority.
(2) The Portal for National Register of Driving Licenses shall, at all times, display the date and time of the creation of or last updation made to any electronic record contained in the Portal for National Register of Driving Licenses, by any licensing authority.
(3) In order to access the Portal for National Register of Driving Licenses for the purposes of sub-rule (1), any licensing authority or such authorized officers designated by the State Government shall require valid login credentials.
(4) The Central Government may specify the manner of authentication of every electronic record created or updated by any licensing authority on the Portal for National Register of Driving Licenses.
23C. Duty of licensing authorities to Update National Register of Driving Licenses. -Every licensing authority or prescribed authority shall be responsible for:
(i) electronically updating any change in particulars pertaining to licenses on the Portal for National Register of Driving Licenses immediately, in real time.
(ii) creating a new electronic record in real time, in respect of any driving license issued or renewed by the licensing authority.
23D. Access to National Register of Driving Licenses. -Electronic records preserved and retained in the Portal for National Register of Driving Licenses may be accessed by such agencies or organizations as the Central Government may deem fit.”;
(22) In the said rules, in rule 27, in clause (a), after the words, “a register in Form 14” and before the words “and an alphabetical list”, the words “electronically on a Portal” shall be inserted.
(23) In the said rules, in rule 32, in the table,
(i) in serial no. 9: –
(a) in the column purpose, for the words “the grace period”, the words “1 year from the date of expiry of driving license” shall be substituted.
(b) in the column amount, for the words “reckoned from the date of expiry of the grace period shall be levied”, the words “shall be levied after one year from the date of expiry of driving license.”
(ii) in serial no. 13, for the column purpose, after the words “any application for” and before the words “change in address”, insert the following, namely: – “permanent surrender of class or classes of motor vehicles from the driving license,”
(iii) after serial no. 13, the following serial no. 14 shall be inserted, namely: –
| “14 | Issue of duplicate license | Fees prescribed by the State Government | 18(4) | 28(2)(c)” |
(24) In the said rules, in rule 34, in sub-rule (2), for clause (b) the following clause shall be substituted, namely: –
“(b) adapted vehicle”
(25) In the said rules, in rule 41, after sub-clause (h), the following sub-clause shall be inserted, namely: –
“(i) for proceeding to or returning from the manufacturing plant, regional sales office, godown, work shop, authorised dealer or any place of sale.
(j) for the purpose of export till the place of embarkment”;
(26) In the said rules, in rule 43, –
(i) in sub-rule (1):
(a) after the words “Every holder of a trade certificate shall maintain a register”, the word “electronically” shall be inserted.
(b) for the words “in duplicate which shall be in a bound book, with pages numberedserially”, the words “on the Portal for motor vehicles” shall be substituted.
(ii) in sub-rule (2), for the word “duplicate”, the word “printed” shall be substituted.
(iii), in sub-rule (3), –
(a) after the words “The holder of a trade certificate shall, at the end of a trip,”, the word “electronically” shall be inserted.
(b) the words “(both original and duplicate), and the register and the duplicate shall be open for inspection by the registering authority.” shall be omitted.
(27) In the said rules, in rule 47, –
(i) (i) in sub-rule (1),for the words “(1) An application for registration of a motor vehicle shall be made in Form 20 to the registering authority within a period of seven days from the date of taking delivery of such vehicle, excluding the period of journey and shall be accompanied by—” shall be substituted by the following words, namely: –
“(1) An application for registration of a motor vehicle shall be made in Form 20 to any registering authority in the State in which the owner has the residence or place of business where the vehicle is normally kept:
(i) in case of motor vehicle, purchased as a fully built motor vehicle, which is being registered in a State other than the State in which the dealer is situated, shall be made by the owner, within a period of 1[seven days] from the date of taking delivery of such vehicle, excluding the period of journey or;
(ii) in case of a motor vehicle, purchased as a chassis to which body is fabricated separately, which is being registered in a State other than the State in which the dealer is situated, shall be made by the owner, after the body is fabricated separately or;
(iii) in case of motor vehicle, purchased as a fully built motor vehicle, which is being registered in the same State in which the dealer is situated, shall be made by the dealer, prior to the delivery of the vehicle or;
(iv) in case of a motor vehicle, purchased as a chassis to which body is fabricated separately, which is being registered in the same State in which the dealer is situated, shall be made by the dealer, after the body is fabricated separately;
Form 20 shall be accompanied by the following documents and fees, submitted electronically on a Portal for registration of motor vehicles”;
(ii) in sub-rule (1), after clause (ia), the following clause shall be inserted, namely: –
“(ib) proof of fitment of vehicle tracking device for public service vehicles;”
(iii) in sub-rule (1), clause (j) shall be omitted.
(iv) after sub-rule (1) the following sub-rule shall be inserted, namely: –
“(1A) For the purposes of sub-rule (1), in case the application for the registration is made by the dealer under clauses (iii) or (iv) of sub-rule (1), the buyer of such vehicle shall submit the required documents specified under sub-clauses (b), (e) and (k) of sub-rule (1) to the dealer, electronically or otherwise, to facilitate the dealer in making the application under sub-rule (1).”
(vi) in sub-rule (2), “https://www.vahan.nic.in/makermodel/” shall be omitted.
(vii) in sub-rule (5), “https://www.vahan.nic.in/makermodel/” shall be omitted.
(28) In the said rules, after rule 47, the following rules shall be inserted, namely: –
“47A. Prior Approval for Alteration or Retrofitment under Section 52(1). -(1) Where the owner of a motor vehicle intends to alter or retrofit the motor vehicle in accordance with sub-rule (1) and (3) of rule 112, the owner shall seek the prior approval of the registering authority, either electronically through the Portal or in physical form, in Form 22C;
(2) The registering authority shall, within seven days from the date of receipt of Part I of Form 22C grant the prior approval in Part II of Form 22C, either electronically on the Portal or in physical form to the owner, if the proposed alteration is permissible under notified conditions, standards and specifications issued under sub-section (1) of section 52;
(3) In case the registering authority does not approve or reject the application for prior approval within seven days from the date of receipt of Form 22C, the prior approval shall be deemed to be granted;
47B. Endorsement of alteration or retrofitment.- (1) Where any motor vehicle is altered or retrofitted as per sub-rules (1) or (2) of rule 112, the owner of the vehicle shall make an application, within fourteen days from the date of issuance of certificate of compliance, for making an entry of alteration or retrofitment in the certificate of registration of the motor vehicle or for recording any change in the particulars contained in the certificate of registration as a result of any alteration or retro-fitment, to any registering authority in the State in which he has the residence or place of business where the vehicle is normally kept or in which the alteration is made, in Form 22D electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre, or otherwise, which shall be accompanied by the certificate of registration and the appropriate fee as specified in Rule 81:
Provided that in case of an application for endorsement of alteration or retrofitment, for any alteration or retrofitment made as per sub-rule (2) of rule 112, pursuant to directions issued by the Central Government under sub-section (2) of section 52, no fees shall be payable under Rule 81:
Provided further that in case no application for prior approval is made under sub-rule (1) of rule 47A, the application for endorsement of alteration or retrofitment shall be made within fourteen days from the date of making of the alteration or retrofitment;
(2) Where any motor vehicle is altered to convert it into an adapted vehicle, as per rule 112A, the owner of the vehicle shall make an application for making an entry of the adapted vehicle in the certificate of registration, in the State in which he has the residence or place of business where the vehicle is normally kept or in which the alteration is made, in Form 22E electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre, or otherwise, along with the certificate of registration;
(3) Upon receipt of an application under sub-rule (1) or (2), the registering authority shall, subject to receipt of certificate of compliance in Form 22F or Form 22G, make an entry of alteration or retrofitment or adapted vehicle in the certificate of registration, within seven days from the date of receipt of the application;
(4) A registering authority other than the original registering authority making any such endorsement under sub-rule (2) shall intimate the original registering authority about the endorsement:
Provided that recording of the entry of the alteration in the certificate of registration on the Portal for motor vehicles or the Portal for National Register of Motor Vehicles shall be deemed to be sufficient communication to the original registering authority”;
(29) In the said rules, for rule 48, the following rule shall be substituted, namely:-
“48. Issue of certificate of registration for a fully built motor vehicle.- (1)On submission of an application by a dealer for registration of a fully built new motor vehicle in accordance with the second proviso of sub-section (1) of section 41 or, by the owner for registration of a fully built new motor vehicle if it is being registered in State other than the State in which the dealer is situated, and payment of fees and taxes in accordance with rule 47 on the Portal, for registration of a fully built motor vehicle, a registration mark shall be generated immediately;
(2) The dealer of the vehicle manufacturer shall affix the mark of registration as per Rule 50;
(3) A certificate of registration, in the name of the owner, in Form 23A shall be issued electronically;
(4) The effective date of registration of motor vehicle shall be the date of generation of the registration mark under sub-rule (1)”;
(30) In the said rules, after rule 48, the following rules shall be inserted, namely: –
“48A. Issue of certificate of registration for a motor vehicle whose body has been fabricated separately to the purchased chassis. – On submission of an application by the dealer or ownerfor registration of a motor vehicle whose body has been fabricated separately to the purchased chassis, and payment of fees and taxes in accordance with rule 47 on the Portalsubject to the inspection of the motor vehicle by the registering authority and sub-section (1) of Section 62A, a registration mark shall be generated and a certificate of registration in Form 23A shall be issued electronically within two days from the date of receipt of the application;
(1) Thedealer of the vehicle manufacturer shall affix the mark of registration as per Rule 50;
(2) The effective date of registration of motor vehicle shall be the date of generation of the registration mark under sub-rule (1);
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 within the period of seven days from the date of receipt of such an application.;
48B. Production of vehicle at the time of registration. – A motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time if it is a fully built motor vehicle.
Provided that an officer with minimum technical qualifications specified on serial number (ii) of S.O. 1215 (E) dated 08 March 2019 and not below the rank of motor vehicle inspector of the Motor Vehicles Department, may randomly inspect any vehicle in the inventory at the premises of the dealer.”
(31) In the said rules, for rule 49, the following rule shall be substituted, namely: –
“49. Registration records to be maintained by the registering authority.- Every registering authority shall electronically maintain in Form 24, a 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, of motor vehicles temporarily registered by it under Section 43 and shall also enter the temporary registration mark, 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, subsection (6) of section 50, subsections (1), (2), (3) and (5) of section 51, (1), (1A), (2) and (4) of section 52, orders of suspension under section 53 and order of cancellation under sections 54 and 55.”;
(32) In rule 52, –
(i) in sub-rule (1), –
(a) For the words “the registering authority in whose jurisdiction”, the words “anyregistering authority in the State in which” shall be substituted.
(ii) in sub-rule (2), –
(a) after the words “renew the certificate of registration”, the words “, for a period of five years” shall be inserted.
(b)after the first proviso, the following provisos shall be inserted, namely: –
“Provided further that in case where the certificate of fitness is granted on a date before theexpiry of a certificate of registration, the renewal shall be effective from the date of expiry of certificate of registration for a period of five years:
Provided also that recording of the renewal of the certificate of registration on the Portal for motor vehicles or the Portal for National Register of Motor Vehicles shall be deemed to be sufficient intimation to the original registering authority for the purpose of Section 41(10)”;
(iii) after sub-rule (3), the following sub-rule shall be inserted, namely: –
“(4) In case of transport vehicles, the validity of certificate of registration shall be co-terminus with the validity of certificate of fitness.”;
(33) In the said rules, in rule 53, in sub-rule (2), for the words “the last registering authority”, the words “any registering authority in the State in which the vehicle was last registered” shall be substituted.
(34) In the said rules, after rule 53, the following rules shall be inserted, namely: –
“53A. Application for temporary registration.– An application for temporary registration in case the motor vehicle is being registered in a state other than the state in which the dealer is situated or in case of a purchased chassis on which the body has to be fabricated separately, shall be made electronically on the Portal by the owner toany registering authority or other authority as may be prescribed by the State Government in Form 20, and shall be accompanied by the documents required to be submitted along with an application for registration of motor vehicles as per sub-rule (1) of Rule 47 along with the appropriate fee as specified in rule 81;
53B- Issue of temporary certificate of registration. – (1) The temporary registration certificate shall be generated electronically in Form 23B immediately on receipt of application for temporary registration along with requisite fees;
(2) Any temporary registration granted under sub-rule (1) shall be valid for an initial period of six months from the date of its issue:
Provided that where the motor vehicle registered under sub-rule (1), is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of six months for being fitted with a body or due to any unforeseen circumstances beyond the control of the owner, the registering authority may, on submission of application in Form 20B and payment of appropriate fee as specified in rule 81 by the owner, extend the initial period of validity one or more times by 30 days each, as the registering authority may deem fit;
(3) Upon granting an extension of the initial period of validity of certificate of temporary registration by any further period or periods under sub-rule (2), the registering authority shall make an appropriate entry in Form 23B;
53C- Assignment of temporary registration marks. – (1) The authority granting a temporary certificate of registration shall assign a temporary registration mark to the vehicle, for example: –
T- Represent temporary certificate
08- Month of issuance of temporary certificate of registration
20- Year of issuance of temporary certificate of registration
AB- Represent State Code
1234- Serial Number of Temporary Registration
AB- Alphabet of Temporary Registration (Except O and I)
(2) The owner shall ensure that the said mark is affixed to the front and rear of the motor vehicle.”;
(35) In the said rules, in rule 55, –
(i) in sub-rule (1), for the words “transferor and the transferee reside or have their place of business”, the words “transfer is effected” shall be substituted.
(ii) after sub-rule (3), the following sub-rule shall be inserted, namely: –
“(4) Recording of the transfer of ownership of any motor vehicle on the Portal for motor vehicles or the Portal for National Register of Motor Vehicles shall be deemed to be sufficient intimation to the original registering authority for the purpose of Section 50(7).”;
(36) In the said rules, for rule 59, the following rule shall be substituted, namely: –
“59. Change in residence.– (1) 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, submitted electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre, or otherwise;
(2) Pursuant to Section 49(1A), the application submitted in sub-rule (1) may be authenticated after verifying the identity of the applicant through e-signature as specified under the provisions of the Information Technology Act, 2000 or verified by any other mode of signature or verification as notified by the Central Government;
(3) Recording of the entry of the altered address in the certificate of registration, on the Portal for motor vehicles or the Portal for National Register of Motor Vehicles shall be deemed to be sufficient communication to the original registering authority for the purpose of Section 49(6).”;
(37) In the said rules, for rule 60, the following rule shall be substituted, namely: –
“60. Endorsement of hire-purchase agreements, etc.- (1) 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;
(2) The recording of endorsement of hire purchase agreement, lease or hypothecation agreement in the certificate of registration on the Portal for registration of motor vehicles or the Portal for National Register of Motor Vehicles shall be deemed to be sufficient intimation to the original registering authority for the purpose of Section 51(12).”;
(38) In the said rules, in rule 61, after sub-rule (3), the following sub-rule shall be inserted, namely: –
“(4) The recording of termination of hire purchase agreement, lease or hypothecation agreement in the certificate of registration on the Portal for registration of motor vehicles or the Portal for National Register of Motor Vehicles shall be deemed to be sufficient intimation to the original registering authority for the purpose of Section 51(12).”;
(39) In the said rules, in rule 62, after sub-rule (3), the following sub-rules shall be inserted, namely: –
“(4) The application for renewal of certificate of fitness may be made not more than sixty days before the date of expiry of the certificate of fitness;
(5) Where the renewal of certificate of fitness is granted on a date after the expiry of the certificate of fitness, the renewal shall be effective from the date of grant of the certificate of fitness:
Provided that where the renewal of certificate of fitness is granted on a date before the expiry of a certificate of fitness, the renewal shall be effective from the date of expiry of certificate of fitness.”;
(40) In the said rules, after rule 75, the following rules shall be inserted, namely: –
“75A. National Register of Motor Vehicles. – (1) The Central Government shall notify and maintain a Portal for National Register of Motor Vehicles, which shall be a repository of electronic records containing all particulars pertaining of motor vehicles registered in each State in Form 24;
(2) Data on such Portal shall be retained, stored and preserved in a machine readable electronic, printable, shareable form as may be notified by the Central Government;
(3) From the date of commencement of the Motor Vehicles (…. Amendment) Rules, 2020, those states which have not transmitted all information including contained data in the State Register of Motor Vehicles to the Central Government, shall electronically transmit all information including contained data in the State Register of Driving Licenses in Form 24 to the Central Government within six months from the date of commencement of the Central Motor Vehicles (………………. Amendment) Rules, 2020 for collating electronic records on the Portal for National Register of Motor Vehicles;
75B. Access and Updation of the National Register of Motor Vehicles by Registering Authorities. – (1) The Portal for National Register of Motor Vehicles shall be used by Registering Authorities or such authorized officers designated by the State Government in each State to:
(i) access electronic records available on the Portal for National Register of Motor Vehicles;
(ii) electronically update any particulars pertaining to motor vehicles, in real time, in
accordance with the provisions of the Act and these rules;
(iii) create a new electronic record in real time, in respect of any motor vehicle registered by the registering authority.;
(2) The Portal for National Register of Motor Vehicles shall, at all times, display the date and time of the creation of or last updation made to any electronic record contained in the Portal for National Register of Motor Vehicles, by any registering authority;
(3) In order to access the Portal for National Register of Motor Vehicles for the purposes of sub-rule (1), any registering authority or such authorized officers designated by the State Government shall require valid login credentials;
(4) The Central Government may specify the manner of authentication of every electronic record created or updated by any registering authority on the Portal for National Register of Motor Vehicles.;
75C. Duty of registering authorities to Update National Register of Motor Vehicles. Every registering authority or prescribed authority shall be responsible for:
(i) electronically updating any change in particulars pertaining to registration of motor vehicles on the Portal for National Register of Motor vehicles immediately, in real time.
(ii) creating a new electronic record in real time, in respect of any motor vehicle registered by the licensing authority.
75D- Access to National Register of Motor Vehicles. – Electronic records preserved and retained in the Portal for National Register of Motor Vehicles may be accessed by such agencies or organizations as the Central Government may deem fit.”;
(41) In the said rules, in rule 81, in the table,
(i) after serial no. 4 and before serial no. 5, the following shall be inserted, namely: –
| 4A
|
Issue or extension of temporary certificate of registration | Half of the fee mentioned against Serial No. 4 | 53A |
(ii) in serial no. 8, in column number (2), after the words “Recording alteration in the certificate of registration”, the words “, except for alteration made under Sections 52(1A) and 52(2)” shall be inserted”;
(42) In the said rules, for rule 112, the following rule shall be substituted, namely: –
“112. Alterations to motor vehicle. –(1) Any alteration or retrofitment to a motor vehicle under subsection (1) of Section 52 of the Act including but not limited to change in fuel, conversion of propulsion system, replacement of engine, replacement of chassis or modification in body structure, shall be in compliance with the conditions, standards and specifications notified by the Central Government, and shall be carried out by either,-
(i) original equipment manufacturer or
(ii) dealer of the vehicle manufacturer or
(iii) workshop authorized by the State Government or
(iv) service station authorized by the State Government:
Provided that for alterations to chassis, any alteration involving replacement of chassis may be permitted provided the new chassis is supplied by the same manufacturer, is of the same type and the conversion of chassis meant for one type of motor vehicle shall not be permitted for another type of motor vehicle;
(2) Any alteration or retrofitment of safety equipment or any other equipment pursuant to any direction issued by the Central Government under sub-section (1A) of section 52 of the Act shall be in compliance with the standards and specifications notified by the Central Government under the appropriate rule, and shall be carried out by either-
(i) original equipment manufacturer or
(ii) dealer of the vehicle manufacturer or
(iii) workshop authorized by the State Government or
(iv) service station authorized by the State Government;
(3) The compliance of any alteration or retrofitment to a motor vehicle made under sub-rule (1), shall be tested and validated by testing agencies notified under Rule 126 or self-certified by either the original equipment manufacturer or dealer of the vehicle manufacturer or workshop authorized by the State Government or service station authorized by the State Government, making the alteration under sub-rule (1), which shall issue a certificate of compliance in Form 22F, either electronically on the Portal or in physical form to the owner;
(4) The compliance of any alteration or retrofitment of safety equipment or other any other equipment made under sub-rule (2), shall type approved by testing agencies notified under Rule 126 in accordance with the relevant rule and the compliance of such alteration or retrofitment shall be self-certified by either the original equipment manufacturer or dealer of the vehicle manufacturer or workshop authorized by the State Government or service station authorized by the State Government, making the alteration under sub-rule (1), which shall issue a certificate of compliance in Form 22F, either electronically on the Portal or in physical form to the owner.”
(43) In the said rules, after rule 112, the following rules shall be inserted, namely: –
“112A. Alteration to Motor Vehicle for conversion into Adapted Vehicle. –(1) Any alteration to a motor vehicle under sub-section (2) of Section 52 of the Act, to convert it to an Adapted Vehicle shall be in compliance with the conditions notified by the Central Government under this rule or any other applicable rule, and shall be carried out by either-
(i) original equipment manufacturer or
(ii) dealer of the vehicle manufacturer or
(iii) workshop authorized by the State Government or
(iv) service station authorized by the State Government;
(2) Either the original equipment manufacturer or dealer of the vehicle manufacturer or workshop authorized by the State Government or service station authorized by the State Government, making the alteration under sub-rule (1), shall issue a certificate of compliance in Form 22G, either electronically on the Portal or in physical form to the owner.”;
(44) In the said rules, rule 113 shall be omitted.
(45) In the said rules, for rule 114, the following rule shall be substituted, namely: –
“114. Exhaust gases, exhaust pipes. – (1) 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:
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 where the exhaust gases are discharged to the left of the vehicle the inclination of exhaust pipe should not cross 30 degrees in downward and 30 degrees in left direction against the vertical plane which includes the vehicle centre line, provided the exhaust gases do not take up any dust when the vehicle is stationary and engine running:
Provided further that in the case of agricultural tractors, vertical or horizontal] exhaust pipe may be provided and outlet of this pipe should be so directed that the driver of the tractor is not exposed to exhaust gases by locating the outlet over or to the side of head-level of the driver as per Indian Standards 1[IS 12239 (Part 1):1996]:
Provided also that in the case of construction equipment vehicle vertical exhaust pipe may be fitted and outlet of this pipe shall be so directed that the driver of the vehicle is not exposed to exhaust gases;
(2) On and from the date of commencement of this sub-rule, no exhaust pipe of a motor vehicle including construction equipment vehicle and combine harvester shall be located within a distance of 35 millimetres from the fuel line connecting to the fuel tank and engine;
(3) 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.”;
(46) In the said rules, after rule 144, the following rule shall be inserted, namely:-
“144A. Recording of adapted vehicle. –When an insured motor vehicle is altered into an adapted vehicle under Section 52(2), the owner shall, within fourteen days from the date on which the endorsement of the adapted vehicle is made by the registering authority in the certificate of registration under Rule 47B, intimate to the authorized insurer who has insured the vehicle the particulars of the adaptions made accompanied by the endorsed certificate of registration, so that the authorized insurer may make necessary changes in his record.”;
(47) After Chapter VIII, the following chapter shall be inserted, namely: –
“Chapter IX- Miscellaneous–
169. Notification of Portals by the Central Government. –(1) The Central Government shall set up and maintain Portals for bringing into effect Section 211A and the Central Motor Vehicles (Amendment) Rules, 2019, within three months from the date of commencement of Central Motor Vehicles ( Amendment) Rules, 2020;
(2) Notwithstanding the generality of sub-rule (1), the Central Government shall set up and maintain Portals for carrying into effect each of the functions specified in Rule 2(xa).;
170. Discontinuation of Portals maintained by any State Government. -(1) Any web and/or mobile based electronic system set up and maintained by a State Government for carrying into effect all or any of the matters referred to under Section 211A, including any of the functions specified in Rule 2(xa), existing prior to date of commencement of the Central Motor Vehicles (Amendment) Rules, 2020, shall be discontinued within six months from the date of commencement of the Central Motor Vehicles (………………………………………………………….. Amendment) Rules, 2020 and the Portal notified by the Central Government shall be made available in that State:
Provided that a State Government may redirect users to any Portal maintained by the Central Government;
171. Notification of Portals. –(1)For any Portal set up and maintained by the Central Government under Rule 17, the Central Government may specify:
(i) the functions of the Portal;
(ii) the users authorized to access the Portal;
(iii) the method in which users can gain access to the Portal;
(iv) the extent of access allowed to each of the users;
(v) the manner and format in which the Forms and documents shall be filed, created or issued, including the manner of affixing signature to Forms;
172. Method of Payment. –(1) Any fee or charges for filing, creation or issue of any form or electronic document or any receipt or payment of money on a Portal including receipt of fees under Rule 32 and Rule 81 and receipt of amount for compounding of offences under Section 200, in pursuance of the Act or these rules, shall be paid by means of credit card, debit card, internet banking or any other mode as approved by the Central Government;
173. Authentication of Documents. – (1) All forms, applications and documents filed through a Portal may be authenticated through e-signature as specified under the provisions of the Information Technology Act, 2000 (21 of 2000) or verified by any other mode of signature or verification as notified by the Central Government such as verification by an authorized person facilitating the submission of any form, application or document at a Facilitation Centre;
(2) All licenses, registrations, fitness certificate, permits, sanctions, approvals and endorsements and any other document as may be prescribed by the Central Government or State Government or both, as the case may be, shall be created, issued or granted electronically, through digital signature certificate or through e- signature as specified under the provisions of the Information Technology Act, 2000 (21 of 2000) or any other mode of signature or verification as notified by the Central Government;
174. Setting up and Maintenance of a Portal. – For the purposes of this Chapter, the Central Government shall have the power to delegate the function of setting up and maintaining any Portal, to a body corporate or an agency.”;
(48) In the said rules, Form 1 shall be omitted.
(49) In the said rules, in Form 1A: –
(a) after serial no 1, namely “Name of the applicant”, the following shall be inserted, namely: – “1A. Son/ wife/ daughter of
1 B. Permanent Address
1C. Date of Birth”
(b) after serial no 3(g)(b), the following words “Declaration made by the applicant in Form I as to his physical fitness is attached” shall be omitted.
(c) In the “Certificate of Medical Fitness”, after the words “And, therefore, I certify that, to the best of my judgment, he is medically fit/not fit to hold a driving license” the words “to drive a vehicle other than an adapted vehicle” shall be inserted.;
(50) In the said rules, in Form 2, –
1. in the table after serial no 1 “Class of Vehicles (COV): Applicable for NewLearner’s License or New Driving License”-
(a) the words namely “as Non Transport Vehicle (LMV NTV)” shall be omitted;
(b) for the words, “Invalid Carriage”, the words, “Adapted Vehicle” shall be substituted;
(c) the words “Light Motor Vehicle as Transport Vehicle” shall be omitted;
2. in the table after serial no 2 “Personal Details of the Applicant (in Capital Letters)”, after the row,
| First Name | Middle Name | Last Name |
the following shall be inserted,
| Son/wife/daughter of | |
| Date of birth | |
| Identification mark |
3. before the words, “Declaration Under sub-section (2) of section 7 of the Motor Vehicles Act, 1988 ”, the following shall be inserted, namely: –
“Self Declaration as to Physical Fitness
(a) Do you suffer from epilepsy or from sudden attacks of loss of consciousness or giddiness from any cause? Yes’No
(b) Are you able to distinguish with each eye (or if you have held a driving licence to drive a motor vehicle for a period of not less than five years and if you have lost the sight of one eye after the said period of five years and if the application is for driving a light motor vehicle other than a transport vehicle fitted with an outside mirror on the steering wheel side) or with one eye, at a distance of 25 metres in good day light (with glasses, if worn) a motor car number plate? Yes’ No
(c) Have you lost either hand or foot or are you suffering from any defect of muscular power of either arm or leg? Yes’No
(d) Can you readily distinguish the pigmentary colours, red and green? Yes’No
(e) Do you suffer from night blindness? Yes’No
(f) Are you so deaf so as to be unable to hear (and if the application is for driving a light motor vehicle, with or without hearing aid) the ordinary sound signal? Yes’No
(g) Do you suffer from any other disease or disability likely to cause your driving of a motor vehicle to be a source of danger to the public, if so, give details Yes’ No
I hereby declare that, to the best of my knowledge and belief, the particulars given above and the declaration made therein are true.
(Signature or thumb expression of the applicant)
Note: (1) An applicant who answers “Yes” to any of the questions (a), (c), (e), (f) and (g) or “No” to either of the questions (b) and (s) should amplify his answers with full particulars, and may be required to give further information relating thereto.”;
(51), In the said rules, in Form 3, the words “in specified areas or routes,” shall be omitted, (52) In the said rules, after Form 7, the following form shall be inserted, namely: –
Download Full Text of FORMs forming part of above notification
[F. No. RT-11036/60/2019-MVL]
PRIYANK BHARTI, Jt.Secy.
Note-The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i),vide notification number G.S.R. 590(E), dated the 2ndJune, 1989 and lastly amended vide notification number G.S.R………..(E),.
Dated…………………………………………..
need central govt order on speed governor