Draft Central Motor Vehicles (Amendment) Rules, 2020

Feb 11, 2020 | by Avantis RegTech Legal Research Team

Commercial Compliance

The Ministry of Road Transport and Highways on January 28, 2020, has issued the draft Central Motor Vehicles (Amendment) Rules, 2020 to further amend the Central Motor Vehicles Rules, 1989.

The followings are the amendments made under the Central Motor Vehicles Rules, 1989:-

 A new definition of “Challan” has been inserted in Rule 2(ca), which means a document, in physical or electronic form issued by any police officer in uniform or any other officer authorised by the State Government in this behalf, to a person acting in violation of the Act, in the form of a receipt comprising the details of the offence committed and the offender, the amount of penalty imposed and mode of collection of the same, if applicable, details of the officer issuing such document and other details as may be specified by the State Government. Whereas, e-challan means a challan issued in electronic form.

 Under Rule 21 related to “Powers of licensing authority to disqualify”, a new clause (2) has been inserted, namely:

“Details of driving licences disqualified or revoked by the licensing authority shall be recorded chronologically in the relevant Portal and such record shall be reflected on a regular basis on the Portal.”

 Rule 92(2)(d) has been inserted, stating that this rule shall not apply to a motor vehicle which is manufactured for the purposes of export including the movement of such vehicle by road from manufacturing plant to port of the export as well as any other location relevant for the purposes of facilitating such export, under the supervision of the vehicles manufacturer or dealer, as the case may be.

 Rule 139 related to “Production of licence and certificate of registration” has been substituted, namely:

“(1) The driver or conductor of a motor vehicle shall produce certificates of registration, insurance, fitness and permit, the driving licence certificate for Pollution Under Check and any other relevant documents in physical or electronic form, as available on or downloaded from the DigiLocker application or mParivahan application, on demand by any police officer in uniform or any other officer authorised by the State Government in this behalf, and if any or all of the documents are not in his possession, he shall produce in person an extract or extracts of the documents duly attested by any police officer or by any other officer or send it to the officer who demanded the documents by registered post within 15 days from the date of demand. 

(2) After validation of the documents in electronic form by any police officer in uniform or any other officer authorised by the State Government in this behalf, if the documents are found to be valid and in force, 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. 

(3) 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 authorised by the State Government, shall be recorded on the Portal.”

 Rule 139A related to “Seizure of documents” and Rule 139B related to “Seizure of documents produced in electronic form” has been newly inserted.

 Insertion of following rules:

o Section 164A. Supersession of penalty provisions of the Act

o Section 165. Use of handheld device

o Section 166. Road Design, Construction and Maintenance Standards

o Section 167. Multiplier to be applied to fines

o Section 168. Procedure for issuance and payment of challan

Any person likely to be affected thereby by the draft, are requested for objections or suggestions, if any, within 30 days from the date on which the copies of this notification published in the Gazette of India, are made available to the public. The objections and suggestions to these draft rules, if any, may be sent to the Joint Secretary (MVL), email: [email protected], Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001.

These Rules shall come into force on the date of its final publication in the Official Gazette.

[Notification No. G.S.R. 53(E)]


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