Central Motor Vehicle Rules, 1989 - CHAPTER I PRELIMINARY - Rule 1 and Rule 2

CHAPTER I

PRELIMINARY
 Rule 1 and Rule 2

1.       Short title and commencement,- (1)  These rules may be called as the Central Motor Vehicle Rules,  1989.

(2) Save as otherwise provided in sub-rule (3) and sub-rule (2) of rule 103, these rules shall come into force on the 1^st day of July 1989.

(3) The provisions of Rule 9, sub-rule (3) of Rule 16, sub-rule (4) of Rule 96, sub-rule (3) of Rule 105, Rule 113,  sub-rule (2), (3), (4)or (5) of Rule 115, Rule 118, 122, 124, 125, 126 and  127 shall come into force on such  date as the Central Government may by notification in the Official Gazette appoint.

    2.  Definitions,- In these rules,  unless the context otherwise require,-

            (a) “Act” means the Motor Vehicle Act, 1988 (59 of 1988);

           (b) “Agricultural tractor” means a mechanically propelled 4-wheel vehicle designed to work with suitable implements for various field operations and/or trailers to transport agricultural materials.  Agricultural tractor is a non-transport vehicle.

         © “Agricultural trailer” means a trailer generally left uncovered with single/double axle constructions which is coupled to an Agricultural tractor by means of two hooks and predominantly used for transporting agricultural materials.

         (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-loading concrete mixer or any other construction equipment vehicle or combination thereof designed for highway operation in mining, industrial undertaking, irrigation and general construction but modified and manufactured with ‘on or off’ or ‘on and of’ highway capabilities.

Explanaton:- A construction equipment vehicle shall be a non-transport vehicle the driving on the road of which is incidental to the main  off-highway function, and for a short duration at a speed not exceeding 50 km per hour, but such vehicle does not include other purely off-highway construction equipment vehicle designed and adapted for use in  any enclosed premises, factory  or mine other than road network, not equipped to travel on public roads on their own power.

     (d) “financier” means a person or a title holder-cum-dealer who lets a motor vehicle on hire under an agreement of hire purchase or lease or hypothecation to the operator with a permission to get it  registered in operator’s name as registered owner;

(e) “ Form” means  Form appended to these rules;

(f) “section’ means section of this Act;

(g) “trade certificate” means a certificate issued by the registering authority under Rule 35;

(h) “non-transport vehicle” a motor vehicle which is not a transport vehicle;

 (i) “Category L1” means a motor cycle as defined in sub-section (27) of section 2 of the Act, with maximum design speed not exceeding 45 km/hour and engine capacity not exceeding 50 cc , if fitted with a thermic engine:

(j) “ Category L2” means a motor cycle as defined in sub-section (27) of section 2 of the Act, with a maximum designs speed exceeding 45 km/hour and engine capacity exceeding 50 cc, fitted with a thermic engine;

(k) “ Category M” means a motor vehicle with at least four wheels and used for carriage of passenger and their luggage;

(l) “ Category M1”  means a motor vehicle used for the carriage of passengers and their luggage and comprising no more than eight seats in addition to the driver’s seat.

(m) “ Category M2” means a motor vehicle used for the carriage of passengers and their luggage and comprising no more than eight seats in addition to the driver’s seat and having a maximum mass not exceeding 5 tonnes;

(n) “ Category M3” means a motor vehicle used for the carriage of passengers and their luggage and comprising of more than eight seats in addition to the driver’s seat and having a maximum mass exceeding 5 tonnes;

(o) “Category N” means a  motor vehicle of at least four wheels and used for the carriage of goods;

(p) “ Category N 1” means  a motor vehicle of at least four wheels and used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;

(q) “ Category N2” means a motor vehicle of at least four wheels and used for the carriage of good and having a maximum mass exceeding 3.2 tonnes and not exceeding 12 tonnes;

(r) “ Category N3” means a motor vehicle of at least four wheels and used for the carriage of goods and having a maximum mass exceeding 12 tonnes;

(s) “Smart card” means a device capable of storing data and executing command which is a microprocessor  chip mounted on a plastic card and the dimensions of the card and the chip are specified in the International Organization for Standardization (ISO),  International Electro Technical commission (IEC) 7816 specifications, as may be amended from time to time, and shall be as per the specification specified in Annexure XI

Explanation:- For the purpose 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 specified by the Ministry of Road Transports and Highways from time to time for Driving License and Registration Certificate applications.

(t) “International Driving Permit” means the  license issued by  a licensing authority in India under Chapter II of the Act to Indian National authorizing the person specified therein to drive any categories of motor vehicles as specified in from 6 A in the areas or territories of countries other  than India but excluding the countries with whom there are no diplomatic relations.