9th amendment GSR 807(E) 23.10.2019

EXTRAORDINARY PUBLISHED BY AUTHORITY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 23rd October, 2019 G.S.R. 807(E).—Whereas, the draft of certain rules further to amend the Central Motor Vehicles Rules, 1989 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 number G.S.R. 548(E), dated the 1st August, 2019, 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 on which copies of the Gazette containing the said notification were made available to the public; Whereas, copies of the said Gazette notification were made available to the public on the st August, 2019; AND whereas, no objections and suggestions were received from the public in respect of the said draft rules; 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 (Ninth Amendment) Rules, 2019. (2) They shall come into force on 1st day of April, 2020. 2. In the Central Motor Vehicles Rules, 1989 (hereinafter referred to as said rules), in rule 62, in sub-rule (1), in the second proviso for the TABLE, the following TABLE shall be substituted, namely: - “TABLE Sl. No. Items Check fitment Check make or Type rating, etc., function as per original equipment recommendation Check conditions Check functioning Test Remarks 1. Maximum Speed No No No No Yes The vehicle shall be driven in unladen Condition (with full charge and at full accelerator position) on straight or flat road and when the vehicle attains full speed, the maximum speed shall be calculated by measuring time taken to travel fixed distance (say 50 metres). 2. Reflectors Yes No Yes No No Ensure Colour of the reflectors and reflective tapes are as per rule 104.”. 3. In the said rules, in rule 104,- (a) in sub-rule (1), the words “three wheelers and” shall be omitted; (b) in sub-rule (1), in clauses (i), (ii) and (iii), the words, figurers and letters “manufactured on and after 1 st day of April, 2009,” shall be omitted; (c) in sub-rule (1), in clause (iv), the words, figurers and letters “manufactured on and after 1st day of October, 2009,” shall be omitted; (d) for sub-rule (1) after clause (iv) the following clause shall be inserted, namely.- “(v) three wheeled vehicles including e-rickshaw and e-cart, shall be affixed at the front with a white reflective tape and at the rear with a red reflective tape running across the width of the body and the tapes affixed at the front and rear shall be not less than 20mm width and shall confirm to the requirement of Annexures 4, 5 and 6 of AIS:090-2005, till the corresponding BIS specification are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016).”; (4) In the said rules, in rule 104D, the words, figurers and letters “manufactured on and after 1 st day of April, 2015,” shall be omitted. (5) In the said rules, rule 104D relating to ‘Fitment of retro-reflective tapes or reflectors and rear marking plate on modular hydraulic trailer’ inserted vide notification of the Government of India, Ministry of Road Transport and Highways number, G.S.R. 212(E), dated the 20th March, 2015 shall be renumbered as rule 104E. 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 2nd June, 1989 and last amended and Published by the Controller of Publications, Delhi-110054. MANOJ KUMAR VERMA