Draft Central Motor Vehicles amendment Rules- Bharat New Car Assessment Program

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 24th, June 2022

G.S.R. 472(E).— The following draft of certain rules further to amend the Central Motor Vehicles Rules, 1989, which the Central Government proposes to make in exercise of the powers conferred by section 110 of the Motor Vehicles Act, 1988 (59 of 1988), is hereby published as required by sub-section (1) of section 212 of the said Act 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 thirty days from the date on which the copies of this notification as published in the Official Gazette, are made available to the public;

2. The 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;

3. Objections and suggestions to these draft rules, if any, may be sent to the Joint Secretary (MVL), email: comments-morth@gov.in, Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001.

DRAFT RULES

1. Short title and commencement- (1) These rules may be called as the Central Motor Vehicles (………………………. th Amendment) Rules, 2022.

(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), after the rule 126-D, insert the following new rule

“126-E. Bharat New Car Assessment Program (BNCAP) – (1) On and from the1^st day of April 2023, the BNCAP authority, (hereinafter referred to as ‘the Authority’), notified by the Central Government, shall authorise the testing agency referred to in Rule 126 of CMVR 1989 to conduct evaluation on Type Approved vehicles of category M1, manufactured or imported in the country, in accordance with the Automotive Industry Standard (AIS)-197, as amended from time to time. BNCAP shall be a voluntary program monitored by the Authority.

For the said purpose, the vehicles for the purpose of assessment shall be drawn from the Manufacturer’s plant(s) or the importer’s premise(s) or the premises of the authorized dealer(s).

Provided that

a. Car manufacturer or importer shall make an application for the star rating in FORM 70-A to the Authority.

b. The courts in the state of operation of the Authority shall have the jurisdiction in relation to any dispute between the Manufacturers/Importers and the Authority.

c. Cost of new car for the purpose of assessment shall be borne by the respective vehicle manufacturer or importer.

d. Nothing in this rule shall be applicable to vehicles exempted by the Central Government from Type Approval requirements as per Rule 126 or Conformity of Production requirements of CMVR 1989.

(2) After drawing a vehicle as per vehicle selection process, as defined under clause 4.3 of AIS 197, the Authority shall send the same to the testing agency for evaluation, and that the agency shall send a report as per FORM 70-B to the designated Authority after completion of the evaluation process.

(3) After receiving the assessment report, the Authority shall upload the new car star rating on the designated portal which can be viewed by any person accessing the portal.”

4. In the said rules, after FORM 69, the following FORMS 70-A and 70-B shall be inserted, namely: –

“FORM NO. 70 A [see Rule 126 E (1)] Form to be submitted by vehicle manufacturer or importer or authorised representative, as the case may be, of a motor vehicle to the authority
Application ID	(Autogenerate)		Date	(Autogenerate)
Site of Vehicle Selection:
Manufacturer’s premises / Importer’s premises / Authorised dealer’s premises	(text box)
Address of vehicle selection site	(text box)
Information about last year’s total sales volume of all the models of M1 category of the manufacturer/ importer
Information about last year’s sales volume of the model
Type approval Certificate No.
Vehicle Make	(text box)
Vehicle Model	(text box)
Chassis No.	(text box) – Please provide details of each sample
Engine No./ Motor ID	(text box) – Please provide details of each sample
CMVR approved Technical specifications to the testing agency as per prevalent AIS-007 version.
Details of production batch and production volume from which vehicle selection was done.
No of vehicles/ models to be selected.
Date of vehicle selection by authority.
(Add more sheets for additional information, if any)

I/We, wilfully consent to transfer of the motor vehicle(s) specified above to the authority for the purpose of evaluation as specified in AIS-197 and this rule.

…………………………………..…….
.………………………………………..
.………………………………………….
(Full Name & address of the Manufacturer)

Signature of the

Date……………………………
OFFICE ENDORSEMENT

Ref. Number…………………………………………..Office of the……………………………………………….

“FORM NO. 70 B [see Rule 126 E (2)] Form to be submitted by Testing Agency to the Authority
Application ID	(Auto generate)		Date	(Auto generate)
Type approval Certificate No.
Name and address of test agency conducting Assessment
Vehicle Make
Vehicle Model
Chassis No.
Engine No./ Motor ID
Date of vehicle selection
Date of receipt of the selected vehicle by testing agency
Site(s) where testing was carried out
Specific Reports / Enclosures considered relevant for Assessment.
Conclusions
Name, Signature of Authorised Signatory/ Signatories.
(Add more sheets for additional information, if any) –

–

Verified By Name :Designation :	Approved By Name :Designation :

OFFICE ENDORSEMENT
Ref. Number…………………………………………..Office of the……………………………………………….

[F. No.RT-11036/78/2022-MVL]
AMIT VARADAN, 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. 889(E), dated the 16th September, 2020 and lastly amended vide Notification number……… dated……………….