A Draft Central Motor Vehicles (Amendment) Rules, 2020

Mar 26, 2020 | by Avantis RegTech Legal Research Team

Commercial Compliance

The Ministry of Road Transport and Highways on March 18, 2020, issues 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:-

 In Rule 126 related to “Prototype of every motor vehicle to be subject to test”, it is specified that every manufacturer or importer of motor vehicles, including Agricultural Tractor, Construction Equipment vehicle, Combine Harvester, Power Tillers, other than trailers and semi-trailers shall submit the prototype of the vehicle to be manufactured or imported by him for test. Provided that all the testing agencies specified in this rule, shall establish compliance with the quality standard, specifically AIS (Automotive Industry Standard), within one year from the date of publication of such standards under this rule, and the testing agencies to be notified under this rule. 

Provided also that altered, retrofitted or adapted motor vehicles shall be tested and type approved by the testing agencies specified in this rule, or self-certified by original equipment manufacturers, or self-certified by the work-shops authorised by the State Government.

 Rule 126A related to “Type Approval and Conformity of Production” stands substituted, stating that where the Testing Agency approves a vehicle as a type vehicle, they shall issue a certificate. A type approval certificate may be issued subject to the inspection by officers of the Testing Agency conforming with the applicable type approval requirements and conditions for entry into the premises of manufacturer, dealer, or warehouse. The denial of the Type Approval Certificate by the Testing Agency shall be accompanied by a detailed written statement providing the reasons for the denial of the certificate. The Central Government may cancel or suspend the type approval certificate issued to a motor vehicle, if there has been a breach of a conditions subject to which a type approval certificate has been granted.

 The Rule 126B related to “Prototype of every construction equipment vehicle to be subject to test” to be deleted.

 The followings Rules shall be inserted:-

• 127A. Non-Compliance with Standards prescribed by rules made under Section 109 and 110

• 127B. Suspension Notices

• 127C. Defective Motor Vehicles and Recall Notice

• 127D. Obligations of Manufacturers, Importers or Retrofitters

 The new Form 50A related to “Form to be submitted by Investigating Officer to vehicle manufacturer or component manufacturer or importer or retrofitter of motor vehicle or component”; Form 50B related to “Form to be submitted by Testing Agency to the Investigation Officer”; and Form 50C related to “Form to be submitted by Testing Agency to the Investigation Officer” shall be inserted.

 The Annexure-XII related to “Procedure for managing vehicle recalls under Rule 127C” has been inserted.

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. 185 (E)]


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