CHAPTER VII
CONSTRUCTION, EQUIPMENT AND MAINTANANCE OF MOTOR VEHICLES
109. General provision regarding
construction and maintenance of vehicles,- (1) Every motor vehicle shall be
so constructed and so maintained as to be at all times under the effective
control of the person driving the vehicle.
(2) Every motor vehicle shall be so
constructed as to have right hand steering control unless it is equipped with a
mechanical or electrical signaling device of a prescribed nature.
(3) If the Central Government is of the opinion
that it is necessary or expedient so to do, in public interest, it may be order
published in the Official Gazette, notify that any article or process used by a
manufacturer shall confirm to such standards as my be specified in that order.
110. Power of Government to make rules,- (1) The Central Government
, may make rules regulating the construction, equipment and maintenance of
motor vehicles and trailers with respect to all or any of the following matters,
namely,-
(a) the width, height, length and overhang of
vehicles and of the loads carried;
(b) the size, nature, maximum retail price and
condition of tyres, including embossing thereon of date
and year of manufacture and the maximum
load carrying capacity;
© brakes and steering gear;
(d) the use of safety glasses including prohibition
of the use of tinted safety glass;
(e) signaling appliances, lamps and reflectors;
(f) speed governors;
(g) the emission of smoke, visible vapor,
sparks, ashes, grit or oil;
(h) the reduction of noise, emitted by or
caused by vehicles;
(i) the embossment of chassis number and
engine number and the date of manufacture;
(j) safety belts, handle
bars of motor cycles, auto-dippers and
other equipments essential for safety of
drivers,
passengers and other road users;
(k) standards of the
components used in the vehicles as inbuilt safety devices;
(l) provision for the
transportation of goods of dangerous or hazardous nature to human life;
(m) standards for the
emission of air pollutants;
(n) installation of
catalytic converters in the class of vehicles to be prescribed;
(o) the placement of
audio-visual or radio or tape recorder type of devices in public service vehicles;
(p) warranty after
sale of vehicles and norms therefor:
Provided that any rules relating to the matters dealing with the
protection of environment, so far as may be, shall be made after consultation with
the Ministry of the Government of India dealing with environment.
(2) Rules may be made under sub-section (1)
governing the matters mentioned therein, including the manner of ensuring the compliance
with such matters and maintenance of motor vehicles in respect of such matters
either generally in respect of motor vehicles or trailers or in respect of motor
vehicles of trailers of a particular class or in particular circumstances.
(3) Notwithstanding anything contained in this
section,-
(a) the Central Government may exempt
any class of motor vehicles from the provisions of this
Chapter;
(b) a State Government may exempt any
motor vehicle or any class of motor vehicles from the
rules made under sub-section
(1) subject to such conditions as may be prescribed by the
Central Government.
111. Power of State Government to make rules,- (1) A State Government may make
rules regulating the construction, equipment and maintenance of motor vehicles
and trailers with respect of to all matters other than the matters specified in sub-section (1)
of section 110.
(2) Without prejudice to the generality of the
foregoing power, rules may be made under this section governing all or any of the following matters either
generally in respect of motor vehicles or trailers or trailers of a particular class or description
or in particular circumstances, namely,-
(a) seating arrangements in public service
vehicles and the protection of passengers against the
weather;
(b) prohibiting or restricting the use of
audible signals at certain times or in certain places;
© prohibiting the carrying of appliances likely
to cause annoyance or danger;
(d) the periodical testing and inspection of
vehicle by prescribed authorities and fees to be charged for
such test;
(e) the particulars other than the registration mark to be exhibited by
the vehicles and the manner in
which they shall be exhibited;
(f) the use of trailers with motor vehicles
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