16th amendment GSr 673(E) 27 october 2020

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 549] NEW DELHI, TUESDAY, OCTOBER 27, 2020/KARTIKA 5, 1942 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi the 27th October 2020 G.S.R. 673(E).—Whereas, the draft rules further to amend the Central Motor Vehicles Rules, 1989 were published, as required by 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 number G.S.R. 502 (E), dated the 13 th August,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 Gazette containing the said notification were made available to the public; And whereas, copies of the said Gazette notification were made available to the public on the 13 th August, 2020; And whereas, the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by section 110 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor Vehicles Rules, 1989, namely:- 1. Short title and commencement.-(1) These rules may be called the Central Motor Vehicles (Sixteenth Amendment) Rules, 2020. (2) They shall come into force on the date of their publication in Official Gazette. 2. In the Central Motor Vehicles Rules, 1989,- (1) in rule 2, for sub-rule (cab), the following sub-rule shall be substituted, namely:- ‘(cab) “construction equipment vehicle” means a self-propelled machine with rubber tyred (including pneumatic tyred), rubber padded or rubber or steel drum wheel mounted compactor, wheeled hydraulic excavator, wheel loader, backhoe loader, skid-steer loader, dumper, motor grader, mobile crane, dozer and pavers with rubber track or rubber pads or wheeled pavers, fork lift truck, self-loading concrete mixer or self-propelled boom pumps, self-propelled or concrete pumps or any other construction equipment vehicle or combination thereof primarily designed to perform earth moving, excavation, loading, transportation, drilling, spreading, compacting or trenching of earth, rock, other materials, 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 for the purpose of this clause.—a construction equipment vehicle or earth moving 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 fifty kilometres 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 for example slip form pavers, concrete pavers, cold milling machines, cold recycler machines and any construction equipment vehicle or earth moving vehicle with crawlers or metal track, for example, tracked excavator or excavator with legs are not considered to be falling under the scope of Central Motor Vehicles Rules, as they are not permitted to run on public roads;’ (2) in rule 96A, in sub-rule (7), after the proviso following proviso shall be inserted, namely:- “Provided further that construction equipment vehicle manufactured on and after the 1 st day of April, 2021 shall be provided with the braking system having performance requirements stipulated in AIS:143-2017 as amended from time to time.”; (3) in rule 98A- (a) in sub-rule (2), the following proviso shall be inserted, namely:- “Provided that construction equipment vehicle manufactured on and after the 1 st day of April 2021, shall be adequately designed to ensure efficient and effective control of the vehicle under all driving conditions so that the vehicle is able to steer within a turning circle diameter of 24 meters, conforming to the test procedure specified in IS/ISO: 7457:1997 as amended from time to time, however in case of self-propelled tandem drum and single drum vibratory compactors, the turning circle radius and turning circle requirements shall be measured as per IS:5500 - Part 1 and Part 2, respectively.”; (b) in sub-rule (3), the following proviso shall be inserted, namely:- “Provided that construction equipment vehicle manufactured on and after the 1 st day of April 2021, shall comply the steering effort requirement as stipulated in AIS: 144-2018as amended from time to time, however in case if emergency steering system is provided, the additional compliance requirements for emergency steering system as specified in AIS:144-2018 as amended from time to time, shall also be complied with.”; (4) in rule 120, after sub-rule (5), the following sub-rule shall be inserted, namely:- “(6) In the case of construction equipment vehicles the emission sound pressure level at the Operator’s ear position under static test conditions shall be in accordance with IS/ISO:6394:2008,Operator’s ear position under Dynamic test conditions shall be in accordance with IS/ISO:6396:2008 and sound power level at stationary test condition shall be in accordance with IS/ISO:6393:2008, sound power level at Dynamic test condition shall be in accordance with IS/ISO:6395:2008 as amended from time to time, complying to the limits specified in Table -1 and Table -2 below and vehicle(s) manufactured on and after the 1 st April 2021, shall comply to limits specified under phase-I and vehicle(s) manufactured on and after the 1 st April 2024, shall comply to limits specified under phase-II- Table -1: Noise limits for Operator Ear Level at Static and Dynamic Conditions Type of Machine Emission sound pressure level limit at operator’s position, dB(A) (For Construction Equipment Vehicle fitted with cabin) Phase – I norms effective from the 1st day of April, 2021 ( As per IS/ ISO 6394) Phase-II norms effective from the 1 st day of April, 2024( As per IS/ ISO 6396) Construction Equipment Vehicle Table -2: Noise limits for Pass by Noise test at Static and Dynamic Conditions Type of machine Engine gross Emissive sound power level limit dB(A) Phase – I norms effective from the 1st day of April, 2021 (As per IS/ ISO 6393) from the 1 st day of April, 2024 ( As per IS/ ISO 6395) Compaction machines (vibrating rollers) P≤8 110 107 8≤P≤70 111 108 Wheeled loader, wheeled dozer, Backhoe loader, Skid Steer Loader, Dumpers, Motor Grader ,Dozers with Rubber wheels, pavers with rubber track or rubber pads or wheeled pavers, fork Lift truck, compaction Rollers (non- vibrating Rollers), or any other construction equipment falling under the scope of CMVR P≤55 110 107 Wheeled hydraulic excavator P≤15 98 95 Mobile crane, self-loading concrete mixer Note: The permissible sound power level shall be rounded to the nearest whole number (less than 0.5 use lower number; greater than or equal to 0.5 use higher number). The engine gross power P shall be determined according to TAP 115/116/ AIS 137.”; (5) after rule 124B, the following rule shall be inserted, namely:- “124-C.Safety Standards of components for Construction Equipment Vehicles (CEV).- Construction equipment vehicles, shall comply with the provisions of AIS-160: Provided that Part 1 of AIS-160, shall be applicable for construction equipment vehicles, as per scope of AIS-160, manufactured on and after the 1 st April, 2021: Provided further that Part 2 of AIS-160, shall be applicable for construction equipment vehicles, as per scope of AIS-160, manufactured on and after the 1 st April, 2024.”. 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 2 nd day of June, 1989 and lastly amended vide notification number G.S.R. 661(E) dated the 22 nd day of October, 2020. and Published by the Controller of Publications, Delhi-110054. KUMER CHAND MEENA