Tag Archives: motor vehicles

vehicle scrapping policy

https://pib.gov.in/PressReleasePage.aspx?PRID=1761200

Incentives and disincentives of the Vehicle Scrapping Policy of the Govt.

In the Vehicle Scrapping Policy, it is proposed to have a system of incentives and disincentives to nudge vehicle owners to discard old and polluting vehicles, which have higher maintenance and fuel consumption costs.         

          In this regard, the Ministry of Road Transport and Highways has issued a GSR Notification, 714(E) dated 04.10.2021 in the Gazette of India, which shall come into force from the 1st day of April, 2022.  Details are as below:

  1. As an incentive, there will be waiver of the fee for issue of certificate of registration for a new vehicle, purchased against the authority of the Certificate of Deposit (CoD) issued by a Registered Vehicle Scrapping Facility for a vehicle being scrapped. 
  2. As regards disincentives, there will be:
  1. Increase in the fee for conducting fitness test and renewal of fitness certificate for motor vehicles more than 15 years old,
  2. Increase in the fitness certification fee for transport vehicles more than 15 years old, and
  3. Increase in the renewal of registration fee for personal vehicles (non transport vehicles) more than 15 years old.

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common format for issue of PUC

Ministry of Road Transport & Highways has issued a notification dated 14thJune, 2021 for a common format of the PUC (Pollution Under Control) Certificate to be issued across the country, under Central Motor Vehicle Rules 1989.The salient features of the PUCC are as under-  

(a) Introduction of uniform Pollution Under Control Certificate (PUC) format across the country and linking the PUC database with the National Register.

  (b) The concept of Rejection slip is being introduced for the first time. A common format of rejection slip is to be given to the vehicle owner in case the test result value is more than the maximum permissible value, as mandated in the concerned emission norms. This document can be shown at the service centre for getting the vehicle serviced or can be used, in case the PUCC centre device is not working properly when tested at another centre.

 (c) There will be confidentiality of information viz. (i) Vehicle owner’s mobile number, name and address (ii) engine number and chassis number (only the last four digits to be visible, the other digits shall be masked) 

  (d) The owner’s mobile number has been made mandatory, on which an SMS alert will be sent for validation and fee.   

  (e) If the enforcement officer has reason to believe that a motor vehicle is not complying with provisions of Emission standards, he may communicate in writing or through electronic mode to direct the driver or any person in-charge of the vehicle to submit the vehicle for conducting the test in any one of the authorized Pollution Under Control (PUC) testing stations. If the driver or person in-charge of the vehicle fails to submit the vehicle for compliance or the vehicle fails to comply, the owner of the vehicle shall be liable for payment of penalty.

If the owner fails to comply with this, the registering authority shall, for reasons to be recorded in writing, suspend the certificate of registration of the vehicle and any permit granted, until such time a valid “Pollution under Control “certificate is generated.  

(f) Thus, enforcement would be IT-enabled and would help in better control over polluting vehicles. 

 (g) The QR code shall be printed on the form. It will contain the complete information about the PUC Centre.

https://pib.gov.in/PressReleasePage.aspx?PRID=1727854

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incorporating divyanjan ownership in motor vehicle documents

https://pib.gov.in/PressReleasePage.aspx?PRID=1667034

The Ministry of Road Transport and Highways has issued notification dated 22nd October, 2020 for amendment to FORM 20 of CMVR 1989 to ensure capturing of ownership details of vehicles at the time of their registration. This will be of particular benefit to divyangjan.

It had come to the notice of the Ministry that the ownership details are not properly reflected under the ownership in the various forms under CMVR required for registration of the Motor Vehicels.

In view of this, it has amended the FORM 20 of the CMVR 1989 to capture detailed ownership type as :- “4A. Ownership type AUTONOMOUS BODY CENTRAL GOVERNMENT CHARITABLE TRUST DRIVING TRAINING SCHOOL DIVYANJAN (a) AVAILING GST CONCESSION (b) WITHOUT AVAILING GST CONCESSION EDUCATIONAL INSTITUTE FIRM GOVT/UNDERTAKING INDIVIDUAL LOCAL AUTHORITY MULTIPLE OWNER OTHERS POLICE DEPARTMENT STATE GOVERNMENT STATE TRANSPORT CORP/DEPT”.

Further, benefits of GST and other concessions are being provided to the Divyangjan (Physically challenged Persons) under various schemes of the Government for the purchase / ownership  / operation of the Motor Vehicles. As per the current details under CMVR 1989, the ownership captured does not reflect the details of the Divyangjan citizens. It becomes difficult for such citizens to properly avail various benefits available under Government Schemes like the benefits to the Divyangjan as per scheme for financial incentives of the Department of Heavy Industries. With the proposed amendments, such ownership details would be properly reflected and divyangjan would be able to avail the benefits under various schemes.

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digitisation of central motor vehicle rules

https://www.pib.gov.in/PressReleasePage.aspx?PRID=1659408

Union Ministry of Road Transport & Highways (MoRTH) has recently issued notifications regarding various amendments in Central Motor Vehicle Rules 1989 requiring implementation of enforcement, Maintenance of Vehicular Documents and E-Challans through portal w.e.f 1.10.2020 for better monitoring and enforcement of MV Rules

Use of IT services and electronic monitoring will result in better enforcement of Traffic Rules in the country and will lead to removing harassment of drivers and would facilitate the citizen.

This was required after Motor Vehicles (Amendment) Act 2019 was passed and was published on 9th August, 2019. 

Accordingly, the rules for amendment to the Central Motor Vehicles Rules 1989 for certain provisions of the Motor Vehicles (Amendment) Act 2019  were published through GSR 584 (E)  dated 25 September 2020. The  amendment inter-alia provides for the definition for Challan, Portal inserted as requirement for  providing the services through IT and further the enforcement of electronic monitoring and enforcement. 

Details of driving licences disqualified or revoked by the licensing authority shall be recorded chronologically in the portal and such record shall be reflected on a regular basis on the portal has been provided for.  Thus the record shall be maintained electronically and further the driver behavior would be monitored. 

Provisions have been made for the  procedure for Production and Obtaining Certificates in physical as well as electronic form, the validity, issuance of such documents and further the date and time stamping of inspection and identity of the Officer to be recorded.  It has been provided that if the details of the documents are found validated through the electronic means by the enforcement officer then physical forms of such documents shall not be demanded for inspection, including in cases where there is an offence made out necessitating seizure of any such documents.

Further upon demanding or inspecting any documents, the date and time stamp of inspection and identity of the police officer in uniform or any other officer authorized by the State Government, shall be recorded on the Portal. This would help in unnecessary re-checking or inspection of vehicles and further would remove harassment to the drivers. 

It has been provided that the use of handheld communications devices while driving shall solely be used for route navigation in such a manner that shall not disturb the concentration of the driver while driving.

Further through notification GSR 586  (E) dated 25 September 2020 certain amendments in the Motor Vehicles (Driving) Regulations 2017 have been made to align to the Amendment in the Act and the CMVR 1989 like use of handheld device, inspection of documents in electronic form etc.

The S.O. (E) 3311 dated  25; Sep 2020 notification provides for enforcing certain provision of the Motor Vehicles (Amendment) Act 2019 w.e.f. 1st Oct 2020 for which the aforesaid rules are being published.

The S.O. (E) 3310 dated  25 September 2020 provides for the conditions for the State Government to consider for specifying a multiplier to the amount of the penalties

The S.O. (E) dated 25 Sept 2020 provides for the order that the penalties for violation of The Motor Vehicles (Driving) Regulations, 2017 shall be in accordance with Section 177A to the extent that the penalties for such violations are not specifically provided for otherwise under the Act.

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FASTag

Ministry of Road Transport and Highways has made the use of FASTag mandatory for availing return journey discount or any other exemptions on Toll Fee Plazas. Users who wish to claim a discount for making return journey within 24 hours or any other local exemptions, shall be required to have a valid functional FASTag on the vehicle. A Gazette notification no. 534 E dated 24th August, 2020 to amend the National Highways Fee (Determination of Rates and Collection) Rules, 2008  has been notified in this respect.

This is another step towards promoting the use of digital payments on Fee Plazas of NHs. The fee payable towards such discounts shall be paid through pre-paid instruments, smart card or through FASTag or on board unit (transponder) or any other such device only.

The amendments to the Rules would enable-  

i.  For discount on return journey within 24 hours, it would be through FASTag or such other device and automatic and no requirement for a pass.

ii.  For discounts on all other cases, having a valid FASTag is made necessary.

The amendment would also enable that in cases where there is a discount available for a return journey within 24 hours, there is no need for a prior receipt or intimation and the citizen would get the discount automatically if return journey is made within 24 hours with a valid and a functional FASTag on the vehicle. 

https://www.pib.gov.in/PressReleasePage.aspx?PRID=1648713

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motor vehicle documents

Ministry of Road Transport and Highways has decided to extend the validity of Fitness, Permits, Licenses, Registration or other documents under Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 till the 31st of December 2020. The Ministry had earlier issued advisories on 30th March and 9th June this year regarding extension of validity of the documents related to Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989. It was advised that the validity of Fitness, Permit (all types), License, Registration or any other concerned document(s) may be treated to be valid till 30th of September 2020.

Taking into consideration the situation still continuing due to conditions for prevention of spread of COVID-19 across the country, it has further advised that the validity of all of the above referred documents whose extension of validity could not or not likely be granted due to lock-down and which had expired since 1st of Feb, 2020 or would expire by 31st Dec 2020, the same may be treated to be valid till 31st of December 2020. Enforcement authorities have been advised to treat such documents valid till 31st of December 2020.

https://www.pib.gov.in/PressReleasePage.aspx?PRID=1648182

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Amendments Proposed to Central Motor Vehicles Rules

PIB press release dated 17th july, 2018 follows

Ministry of Road Transport and Highways has notified draft amendments to the Central Motor Vehicles Rules, making FASTags and Vehicle Tracking System device mandatory for all commercial vehicles obtaining national permit. The front wind screen of the vehicle will have to be affixed with a sticker confirming fitting of the Fastag.  The draft amendments also stipulate other additional conditions for obtaining national permit that include display of the words “National Permit or N/P” in the front and rear of the vehicles in bold letters. In case of trailers, the words “N/P” will have to be inscribed on the rear and left side of the vehicle. The body of a tanker carrying dangerous or hazardous goods has to be painted in white colour and display the prescribed class label on both the sides and rear of the tanker. The vehicle will be affixed with reflective tapes at front and rear.

The proposed amendment also provides that no fitness certification shall be required at the time of registration for new transport vehicles sold as fully built vehicles. Such vehicles will be deemed to be having certificate of fitness for a period of two years from the date of registration. It has also been proposed that fitness certificate of transport vehicles will be renewed for a period of two years for vehicles up to eight years old and for one year for vehicles older than eight years.

The proposed amendment also provides that Driving License and Pollution Under Control certificates can be carried in physical or digital form.

All goods carriage vehicles will be required to carry goods in a closed body of the vehicle or container. If it is necessary to carry goods in open bodies, goods will be covered by using appropriate cover like tarpaulin or any other suitable material. However, goods of indivisible nature, not capable of being carried in a closed body or being covered, may be carried without cover.

Detailed notification in this regard is available on Ministry of Road Transport and Highways’ website http://www.morth.nic.in. The Ministry has invited suggestions and objections to the proposed amendments,  to  be sent to the Joint Secretary (Transport), Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110001 or email at js-tpt@gov.in by the 11th of August this year.

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