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Cmvr1989

Cmvr1989

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Published by: sureshtpr on Sep 06, 2011
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1
THE CENTRAL MOTOR VEHICLES RULES, 1989
1
 
CHAPTER IPRELIMINARY
1. Short title and commencement.—(1) These rules may be called the Central MotorVehicle Rules,
 
1989.(2) Save as otherwise provided in sub-rule (3)
2
[and sub-rule (2) of rule 103,] these rulesshall come into force on the 1st day of July, 1989.(3) The provisions of
2
[rule 9,] sub-rule (3) of rule 16, sub-rule (4) of rule 96,
3
[* * *] sub-rule (3) of rule 105, rule 113, sub-rules (2), (3), (4) or (5) of rule 115, rules118,122,124,125,126 and 127 shall come into force on such date as the CentralGovernment may, by notification in the Official Gazette, appoint.2. Definitions.—In these rules, unless the context otherwise requires—
(a)
"Act" means the Motor Vehicles Act, 1988 (59 of 1988);
4
[
(b)
"agricultural tractor" means any mechanically propelled 4-wheel vehicle designed towork with suitable implements for various field operations and/or trailers to transportagricultural materials. Agricultural tractor is a non-transport vehicle;(c) "agricultural trailer" means a trailer generally left uncovered with single/double axleconstruction which is coupled to an agricultural tractor by means of two hooks andpredominantly used for transporting agricultural materiaIs;]
5
[(
ca)
"construction equipment vehicle" means rubber tyred (including pneumatic tyred),rubber padded or steel drum wheel mounted, self-propelled, excavator, loader, backhoe,compactor roller, dumper, motor grader, mobile crane, dozer, fork lift truck, self-loadingconcrete mixer or any other construction equipment vehicle or combination thereofdesigned for off-highway operations in mining, industrial undertaking, irrigation andgeneral construction but modified and manufactured with "on or off" or "on and off"highway capabilities.
Explanation.
 —A construction equipment vehicle shall be a non-transport vehicle thedriving on the road of which is incidental to the main off-highway function and for a short
1
 
Vide 
G.S.R. 590 (E), dated 2-6-1989, published in the Gazelle of India, Ext., Pi. II, S. 3,dated 2-6-1989.
 
2
 
Inserted by G.S.R. 933(E), dated 28-10-1989 (w.e.f. 28-10-1989).
 
3
 
The words and figures "sub-rule (3) of rule 103" omitted by G.S.R 221(E), daled 28-3-2001 (w.e.f. 28-3-2001).
 
4
 
Inserted by G.S.R. 338(E), dated 26-3-1993 (w.e.f. 26-3-1993).
 
5
 
Inserted by G.S.R. 642(E), dated 28-7-2000 (w.e.f. 28-7-2000).
 
 
2
duration at a speed not exceeding 50 kms per hour, but such vehicle does not includeother purely off-highway construction equipment vehicle designed and adopted for use inany enclosed premises, factory or mine other than road network, not equipped to travelon public roads on their own power;]
6
[
7
(d)] "financier" means a person or a title holder-cum-dealer who lets a motor vehicleon hire under an agreement of hire purchase or lease or hypothecation to the operatorwith a permission to get it registered in operator's name as registered owner;]
 
8
[(e)]
 
"Form" means a Form appended to these rules;
 
8
[(f)] "section" means a section of the Act;
 
9
[(g)] "trade certificate" means a certificate issued by the registering authority under rule35;
 
9
[(h)] "non-transport vehicle" means a motor vehicle which is not a transport vehicle.
 
10
[(i) "Category L-l" means a motorcycle as defined in sub-section (27) of section 2 of theAct, with maximum design speed not exceeding 45 km/hour and engine capacity notexceeding 50 cc, if fitted with a thermic engine;
 
(j) "Category L-2" means a motor cycle as defined in sub-section (27) of section 2 of theAct, with maximum design speed exceeding 45 km/hour and engine capacity exceeding50 cc, if fitted with a thermic engine;
 
(k)
"Category M" means a motor vehicle with at least four wheels used for the carriage ofpassengers and their luggage;
 
(/) "Category M-l" means a motor vehicle used for the carriage of passengers and theirluggage and comprising no more than eight seats in addition to the driver's seat;
 
(m)
"Category M-2" means a motor vehicle used for the carriage of passengers and theirluggage and comprising more than eight seats in addition to the driver's seat and havinga maximum mass not exceeding 5 tonnes;
 
(n)
"Category M-3" means a motor vehicle used for the carriage of passengers and theirluggage and comprising more than eight seats in addition to the driver's seat and havinga maximum mass exceeding 5 tonnes;
 
6
 
CI.
{aa)
inserted by G.S.R. 933(E), dated 28-10-1989 (w.e.f. 28-10-1989), relattered as CI.
(d)
by G.S.R. 338(E), dated 26-3-1993 (w.e.f. 26-3-1993).
 
7
 
Substituted by G.S.R. 111(E), dated 10-2-2004, for CI.
(d)
(w.e.f. 10-2-2004).
 
8
 
Cls.
(b)
and (c) relettered as Cls. (e) and (/), respectively by G.S.R. 338(E), dated 26-3-1993(w.e.f. 26-3-1993).
 
9
 
Cls.
(d)
and (e) relettered as Cls.
(g)
and
(h),
respectively by G.S.R. 338(E), dated 26-3-1993(w.e.f. 26-3-1993).
 
10
 
Inserted by G.S.R. 400(E), dated 31-5-2002 (w.e.f. 31-5-2002).
 
 
3
(o) "Category N" means a motor vehicle with at least four wheels used for the carriage ofgoods;
 
(p)
"Category N-l" means a motor vehicle used for the carriage of goods and having amaximum mass not exceeding 3.5 tonnes;
 
(q)
"Category N-2" means a motor vehicle used for the carriage of goods and having amaximum mass exceeding 3.5 tonnes but not exceeding 12 tonnes;
 
(r) "Category N-3" means a motor vehicle used for the carriage of goods and having amaximum mass exceeding 12 tonnes;
 
11
[(s) "Smart Card" means a device capable of storing data and executing commandswhich is a microprocessor chip mounted on a plastic card and the dimensions of thecard and chip are specified in the International Organization for Standardization(ISO)/International Electro Technical Commission (IEC) 7816 specifications, as may beamended from time to time, and shall be as per the specifications specified in AnnexureXI.
 
Explanation.
 —
For the purposes of this clause, microprocessor chip shall have non-volatile re-writable memory capacity of minimum 4 Kilo Byte consisting of application data, file headers,security definitions, and a maximum of 350 bytes for Operating System Interfacing, as specifiedby the Ministry of Road Transport and Highways from time to time for Driving Licence andRegistration Certificate applications;
12
[(r) "International Driving Permit" means the licence issued by a licensing authority inIndia under Chapter II of the Act to an Indian National authorising the person specifiedtherein to drive any categories of motor vehicles as specified in Form 6-A in the areas orterritories of countries other than India but excluding the countries with whom there areno diplomatic relations;]
 
13
[(u) "Battery Operated Vehicle" means a vehicle adapted for use upon roads andpowered exclusively by an electric motor whose traction energy is supplied exclusivelyby traction battery installed in the vehicle:
 
Provided that if the following conditions are verified and authorised by any testingagency specified in rule 126, the battery operated vehicle shall not be deemed to be amotor vehicle.
 
(i) the thirty minutes power of the motor is less than 0.25 kW.;
 
(ii)
the maximum speed of the vehicle is less than 25 km/h;
 
11
Substituted by G.S.R. 513(E), dated 10-8-2004 (w.e.f. 10-9-2004).
 
12
 
Inserted by G.S.R. 720(E), dated 10-9-2003 (w.e.f. 10-10-2003).
 
13
 
Inserted by G.S.R. 589(E), dated 16-9-2005 (w.e.f. 16-9-2005).
 

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