1. Short title and commencement.—(1)
These rules may be called the Central Motor Vehicle 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[* * *] subrule (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.
2. Definitions.—In these rules, unless
the context otherwise requires—
(a) "Act" means the Motor
Vehicles Act, 1988 (59 of 1988);
4[(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 materiaIs;]
5[(ca) "construction equipment
vehicle" means rubber tyred (including pneumatic tyred),rubber padded or
steel drum wheel mounted, self-propelled, excavator, loader, backhoe, compactor
roller, dumper, motor grader, mobile crane, dozer, fork lift truck,
self-loading concrete mixer or any other construction equipment vehicle or
combination thereof designed for off-highway operations in mining, industrial
undertaking, irrigation and general construction but modified and manufactured
with "on or off" or "on and off" highway capabilities.
Explanation.—A construction equipment
vehicle shall be a non-transport vehicle the driving on the road of which is
incidental to the main off-highway function and for a short duration at a speed
not exceeding 50 kms per hour, but such vehicle does not include other purely
off-highway construction equipment vehicle designed and adopted for use in any
enclosed premises, factory or mine other than road network, not equipped to
travel on public roads on their own power;]
6[7(d)] "financier" means a
person or a title holder-cum-dealer who lets a motor vehicle on hire under an
agreement of hire purchase or lease or hypothecation to the operator with a
permission to get it registered in operator's name as registered owner;]
8[(e)] "Form" means a Form
appended to these rules;
8[(f)] "section" means a
section of the Act;
9[(g)] "trade certificate"
means a certificate issued by the registering authority under rule 35;
9[(h)] "non-transport vehicle"
means a motor vehicle which is not a transport vehicle.
10[(i) "Category L-l" means a
motorcycle as defined in sub-section (27) of section 2 of the Act, with maximum
design speed not exceeding 45 km/hour and engine capacity not exceeding 50 cc,
if fitted with a thermic engine;
(j) "Category L-2" means a
motor cycle as defined in sub-section (27) of section 2 of the Act, with
maximum design speed exceeding 45 km/hour and engine capacity exceeding 50 cc,
if fitted with a thermic engine;
(k) "Category M" means a motor
vehicle with at least four wheels used for the carriage of passengers and their
luggage;
(/) "Category M-l" means a
motor vehicle used for the carriage of passengers and their luggage and
comprising no more than eight seats in addition to the driver's seat;
(m) "Category M-2" means a
motor vehicle used for the carriage of passengers and their luggage and comprising more than eight seats
in addition to the driver's seat and having a maximum mass not exceeding 5
tonnes;
(n) "Category M-3" means a
motor vehicle used for the carriage of passengers and their luggage and
comprising more than eight seats in addition to the driver's seat and having a
maximum mass exceeding 5 tonnes;
(o) "Category N" means a motor
vehicle with at least four wheels used for the carriage of goods;
(p) "Category N-l" means a
motor vehicle used for the carriage of goods and having a maximum mass not
exceeding 3.5 tonnes;
(q) "Category N-2" means a
motor vehicle used for the carriage of goods and having a maximum mass
exceeding 3.5 tonnes but not exceeding 12 tonnes;
(r) "Category N-3" means a
motor vehicle used for the carriage of goods and having a maximum mass
exceeding 12 tonnes;
11[(s) "Smart Card" means a
device capable of storing data and executing commands which is a microprocessor
chip mounted on a plastic card and the dimensions of the card and chip are
specified in the International Organization for Standardization (ISO)/International
Electro Technical Commission (IEC) 7816 specifications, as may be amended from
time to time, and shall be as per the specifications specified in Annexure
XI.
Explanation.—For the purposes of this
clause, microprocessor chip shall have non-volatile rewritable memory capacity
of minimum 4 Kilo Byte consisting of application data, file headers, security
definitions, and a maximum of 350 bytes for Operating System Interfacing, as
specified by the Ministry of Road Transport and Highways from time to time for
Driving Licence and Registration Certificate applications;
12[(r) "International Driving
Permit" means the licence issued by a licensing authority in India under
Chapter II of the Act to an Indian National authorising the person specified therein to drive any categories of motor
vehicles as specified in Form 6-A in the areas or territories of countries
other than India but excluding the countries with whom there are no diplomatic
relations;]
13[(u) "Battery Operated
Vehicle" means a vehicle adapted for use upon roads and
powered exclusively by an electric motor
whose traction energy is supplied exclusively by traction battery installed in
the vehicle:
Provided that if the following
conditions are verified and authorised by any testing
agency specified in rule 126, the
battery operated vehicle shall not be deemed to be a motor vehicle.
(i) the thirty minutes power of the
motor is less than 0.25 kW.;
(ii) the maximum speed of the vehicle is
less than 25 km/h;
(iii) bi-cycles with pedal assistance
which are—(a) equipped with an auxiliary electric motor having a thirty minute
power less than 0.25 kW, whose output is progressively reduced and finally cut
off as the vehicle reaches a speed of 25 km/h, or sooner, if the cyclist stops
pedaling; and (b) fitted with suitable brakes and retro-reflective devices,
i.e., one white reflector in the front and one red reflector at the rear.
Explanation.—The thirty minute power of
the motor is defined in AIS: 049:2003 and method of verification is prescribed
in AIS: 041:2003, till the corresponding BIS specifications are notified under
the Bureau of Indian Standards Act, 1986 (63 of 1986);
(v) "Power tiller" means an
agricultural machinery used for soil preparation having a single axle in which
the direction of travel and its control for field operation is performed by the
operator walking behind it. This equipment may or may not have a riding attachment
and when coupled to a trailer can be used for the transportation of goods. The
maximum speed of the power tiller when coupled to a trailer, shall not exceed
22 km/h. The maximum haulage capacity of the Power tiller coupled to a trailer
shall not exceed 1.5 tons.]
Posts
0 Comments