Central Motor Vehicle Rules, 1989, CHAPTER V, CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES Preliminary Rule 96

CHAPTER V

CONSTRUCTION, EQUIPEMENT AND MAITENANCE OFMOTOR VEHICLES
Rule 93

Overall dimension 

96. Brakes,- (1) Every motor vehicle, other than a motor cycle, three wheeled invalid carriage, trailer or a road roller shall be equipped with two independent and efficient breaking systems, namely, parking brake and foot operated service brake:

                Provided that a motor cycle and three wheeled invalid carriages shall be equipped with the independent and efficient braking systems, either both hand operated or one foot operated   and the other hand operated.

(2) The braking system shall be of strength capable of stopping the vehicle within the distance specified in sub-rule (8) and of holding it at rest in all conditions and all such brakes at all times be properly connected and maintained in  efficient condition.

(3) In every motor vehicle other than articulated tractors, the brakes operated by one of the means of operation shall be directly upon the wheel and not through the transmission gear.

(4) Two years from the date of commencement of Central Motor Vehicles Amendment Rules,1993, every motor vehicle manufactured shall have  a braking system whose performance shall conform to the  following Indian Standards, namely,-

                (i) for motor cycles IS : 10376 – 1982 or  IS 11716 – 1986, as applicable,

                (ii) for three wheelers with gross vehicle weight not exceeding 1000 kgs and all other vehicles IS:11852 (Part 3) – 1987

IS:11852 (Part 2) – 1987,        IS:11852 ( Part 3) - 1987

IS:11852 (Part 4) – 1987,        IS:11852 ( Part 3) - 1987

IS:11852 (Part 6) – 1987 and IS:11852 ( Part 7) – 1987 as applicable.

Explanation:-Indian Standards means the Indian Standard specified by the Bureau of Indian Standards.

(5) Except in  the case of a motor cycle, the breaking system or one of the breaking systems of a motor vehicle shall be so constructed and maintained that  it can be so set as effectively to prevent  at least two, or in the case of a motor vehicle having three wheels, at least one of the wheels from revolving when the vehicle is left unattended.

(6) The braking sytsem or part thereof which functions in the aforesaid manner shall be known as parking brake and where such a parking brake is designed to be operated  by hand, it shall be known as hand-brake.

(7)(a) In the case of motor vehicles, other than three wheelers of gross vehicle weight not exceeding 1000 kgs and motor cycles, the service brake shall be acting on alll the wheels of the vehicle.

b) In case of three wheelers of gross vehicle weight not exceeding 1000 kgs if the foot operated brake does not act on all the wheels, the following conditions shall be full filled, namely-

                (i) the foot operated brake shall act on the two wheels which are on the same axle, and

                (ii) in addition to the parking brake, there shall be an independent brake acting on the other wheel of the vehicle  with an independent hand operated control.

©In the case of motor cycles, the braking system operated with the foot or left hand  shall act at least on the rear wheel and the brake operated by  right hand at least on the front wheel.

(d)                In the case of agricultural tractors, the braking system shall act as on both the rear wheels , either directly or through transmission gear.

(8)                The service braking system in the case of a vehicle other than three wheelers and motor cycles, and the braking system  operated by one of the means of operation other than the parking brake in the case of three wheelers and motor cycles shall be capable to bring the vehicle to halt within the distance specified in the following Table when tested in accordance with the condition prescribed correspondingly in the Table. The test shall be conducted on a dry level hard road in good condition. During the test  the accelerator control shall be fully released and in the case of vehicle with manual shifting control, the top gear and the clutch shall be  engaged.

     For the purpose of this test for vehicles other than motor cycles the unladen means the vehicle is without any load and shall carry only the driver and another person for specific purpose of supervising the test, and the instruments, if any In the case of motor cycles, the unladen weight means the vehicle will carry only the single rider and the measuring instrument, if any.

Central Motor Vehicle Rules, 1989, CHAPTER V, CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES Preliminary Rule 93

CHAPTER V

CONSTRUCTION, EQUIPEMENT AND MAITENANCE OFMOTOR VEHICLES
Rule 93

Overall dimension 

Overall dimension

93. Overall dimension of motor vehicle,-(1) The overall width of a motor vehicle, measured at right angles to the axis of the motor vehicle between perpendicular planes enclosing the extreme point shall not exceed 2.6 meters.

Explanation:- For purpose of  this rule,  a rear-view mirror , or guard rail or a direction indicator rub-rail ( rubber beading ) shall not be taken into consideration in measuring the overall width of a motor vehicle.

(1A) The overall width of a construction equipment vehicle, measured at right angles to the axis of the construction equipment  vehicle between perpendicular planes enclosing the extreme points, shall not exceed 3 ,meters while in the travel mode and such construction equipment vehicle shall be painted by yellow and black zebra strips on the portion of the width that exceeds

 2.6 meters on the front and rear sides duly marked for night driving/parking suitable y red lamps at the front and rear.

[Provided that the zebra strips need not be used on attachments.]

(2) The overall length of the motor vehicle other than trailer shall not exceed-

                (i) in the case of motor vehicles other than transport vehicle having not more than two axles – 6.5 meters;

                (ii) in case of transport vehicles with rigid frame having two or more axles – 12 meters;

(iii)                  In the case of articulated vehicles having more than two axles – 16 meters;

(iv)                In the case of track trailer of tractor trailer combination  -18 meters (Please see the notifications given in the note below);
(v) in the case of  3 axle passenger transport vehicles - 15 meters;

(vi)                  In case of single articulated (vestibule type) passenger transport  vehicle – 18 meters (Please see the conditions given in note below).

(vii)                In the case of double articulate passenger transport vehicles – 25 meters( please see the conditions given below in the note  below)

Note.—In the case of a single articulated passenger transport vehicles of 18 meters length and double articulated passenger transport vehicles of 25 meters, permission of the State Government shall be obtained regarding their plying on the selected routes  depending upon local road conditions, width, maneuverability of the vehicle in traffic, as deemed fit.  These passenger transport vehicle will also be required to have a closed circuit TV system for proper visibility and  in and around the passenger transport vehicle by the driver to maintain safety. Intercom system shall also be provided in such passenger transport vehicle. In addition, the standing passenger will be allowed only on the lower deck of double articulated passenger transport vehicle.

3. IN the case of an articulated vehicle or a tractor trailer combination specifically constructed and used for the conveyance of individual load of exceptional  length,-

                (i) if all the wheels of the vehicle are fitted with pneumatic tyres; or

                (ii) if all the wheels of the vehicle are fitted with pneumatic tyres; so long as the vehicle is not driven at a speed exceeding twenty five kilometers per hous,

The overall length shall not exceed 18 meters.

Explanation:- For the purpose of this rule, overall length means the length of the vehicle measured between parallel planes passing through the extreme projection point of the vehicle exclusive of-

(i)                  a starting handle;

(ii)                any hood when drawn;

(iii)               any fire-escape fixed to a vehicle;

(iv)              any post office letter box, the length of which measured parallel to the axis of the vehicle does not exceed 30 centimeters;

(v)                any ladder used for loading or unloading from the roof of the vehicle or any  trailer or indicator lamp or number plate fixed to a vehicle;

(vi)               any spare wheel or spare wheel bracket or bumper fitted to a vehicle;

(vii)             any towing hook or other fitment which does not project beyond any fitment covered by clauses (iii) to (vi).

(3A) The overall length of the construction equipment vehicle, while in travel mode, shall not exceed1275 meters.

Explanation:- For the purpose of this sub-rule “overlall length” means the length of the vehicle measured betweenparallel planews through the extreme projection point of the vehicle, exclusive of-

(i)                  any fire escape fixed to a vehicle;

(ii)                any ladder used by  the  operator to board or alight the vehicle;

(iii)               any tail of indicator lamp or number plate fixed to a vehicle;

(iv)              any spare wheel or spare wheel bracket or bumper fixed to a vehicle ;

(v)                any towing hook or other fitments;

(vi)              any operational attachment on front, rear, or carrier chassis  of construction equipment vehicle in travel mode;

(4) The overall height of a motor vehicle measured from the surface on which it rests,-

                (i) in the case of motor vehicle other than a double decked motor vehicle, shall not exceed 3.8 meters;

                (ii) in the case of a double decked motor vehicle, shall not exceed 3.8 meters;

(i)                  in the case of a laden trailer carrying ISO series  flight container shall not exceed 4.2 meter;

Provided that the provisions of clause(i) to (iii) shall not apply to fire escape tower wagons and other special purpose vehicles exempted by  general of special order or registering authority.

($A) The overall height of a construction equipment  vehicle measured from the surface on which the vehicle rests shall not exceed 7.5 meter, while in travel mode:

Provided that the provisions of this sub-rule shall not apply to any other special purpose attachment to the construction equipment  vehicle exempted by  general or special order of registering authority.

(5)

Central Motor Vehicle Rules, 1989, CHAPTER V, CONSTRUCTION, EQUIPEMENT AND MAITENANCE OF MOTOR VEHICLES Preliminary Rule 92

CHAPTER V

CONSTRUCTION, EQUIPEMENT AND MAITENANCE OFMOTOR VEHICLES

Preliminary

92. General,- (1) No person shall use or cause of allow to be used in any public place any motor vehicle which does not comply with the provisions of this Chapter:

Provided that nothing contained in this rule shall apply to vehicles manufactured prior to the coming into force of  the Central Motor (Amendment Rules) , 1993.

 (2) Nothing in this rule shall apply  to a motor vehicle –

            (a) which has been damaged in an accident or to a vehicle stopped or impeded owing to shortage of fuel or other temporary defects while at the place at which the accident or defect occurred.

b) which is defective or damaged and is being removed to the  nearest place of repair or disposal; or

            © which is more than fifty years old from the date of its registration and is driven for taking  part in a vintage car rally.

            Provided that where a motor vehicle can no longer remain under  the effective control of the person driving, the same shall not be u sed in a public lace except by towing.

Explanation:- For the purpose of this rule, “motor vehicle “ includes construction equipment vehicles.

(3) Testing of components conforming to standards in lieu of Indian Standards: Whenever a part component or assembly is used in a vehicle complying with standards in lieu of those notified in these rules such as an international standard ( for example EEC/ECE/IEC/ISO or such other standards )  or a foreign national standard, permission for use of such part , component of assembly complying with such standards shall be approved by the Central Government.

            In such cases, the compliance of part , component or assembly to such international or foreign national standards will be established for the purpose of Rule 126, by a certificate of compliance issued by an authorized certified agency or by an accredited certifying agency of the country of origin for such international  or foreign national  standards and vetted by a testing as referred to in Rule 126.

Central Motor Vehicle Rules, 1989, CHAPTER V, CONSTRUCTION, EQUIPEMENT AND MAITENANCE OFMOTOR VEHICLES Preliminary Rule 90

CHAPTER V

CONSTRUCTION, EQUIPEMENT AND MAITENANCE OFMOTOR VEHICLES

Preliminary

91. Definitions,- In this Chapter, unless the context otherwise requires,-

            (a) “class label” in relation to any dangerous or hazardous goods means the class labels specified in column 3 of the Table in Rule 137;

           (b) “consignor” in relation to dangerous or hazardous goods intended for transportation by a goods carriage, means the owner of such danderous or hazardous goods;

            © “dangerous or hazardous  goods” means the goods of dangerous or hazardous nature to human life specified in Table I,II and III to Rule 137;          

(a)              “emergency information panel”,  mean the panel specified in Rule 134;

(b)             “subsidiary risk” in relation to any dangerous or hazardous goods, means, the subsidiary risk which such good are likely to give rise to in addition to primary risk.

Central Motor Vehicle Rules, 1989 - CHAPTER IV - CONTROL OF TRANSPORT VEHICLES - Rule 88 and Rule 90

CHAPTER IV
CONTROL OF TRANSPORT  VEHICLES

National permits 

Rule  88 and Rule 90

88. Age of motor vehicle for the purpose of national permit,- (1) No national permit can be granted in respect of a goods carriage, otherwise than multi-axle vehicle, which is more than twelve years old at any point of time.

(2) No National permit shall be granted for a multi-axle goods carriage which is more than 15 years old at any point of time.

(3) A national permit shall be deemed to be invalid from the date on which a goods carriage covered by the permit completes 15 years in case of a multi-axle goods carriage, unless such goods carriage is replaced.

Explanation:- For the purpose of this rule the period of 12 years or 15 years,  as the case may be, shall be  computed from the date of initial registration of the motor vehicle covered under its permit or the prime mover in case of an articulated vehicle.

(1)                No national permit shall be granted in respect of a multi-axle trailer approved to carry a Gross Vehicle Weight of more than 50 tonnes, which is more than 25 years old a any point of time the period of 25 years being computed from the date of initial registration of the said trailer.

Explanation:- For the purpose of this rule, “Multi-axle trailer” means  a trailer having more than two axles.

(2)                A national permit shall be in such security printed water-mark paper and shall carry such hologram as the State Government or the State Transport Authority, as the case may be, issuing such permit may specify:

Provided that the use of such security printed water mark paper carrying such hologram shall come into force on or before six months from the date of commencement of Cenrtal Motor Vehicles (Third Amendment) Rules 2002.

90. Additional conditions for national permit,- The national permit issued under sub-section (12) of Section 88 shall be subject to the following conditions, namely;-

(1) The vehicle plying under a national permit shall be painted in dry leaf brown color with thirty centimeters broad white borders and the words “National permit” shall be inscribed within a circle of sixty centimeters in diameter:

                Provided that the body of a tanker carrying dangerous or hazardous goods shall be pained in white color with a dry leaf brown ribbon of 5 centimeters width around in the middle at the exterior and and that of the drivers cabin in orange color.

(2) A board with the inscription “National Permit” in the States of --------“ with blue letters on white background shall be carried in from of top of such vehicle.

(3) No such vehicle shall carry any goods without a bill of lading in form 50,

(4) The vehicle shall have a minimum of two drivers and shall be provided with a seat across its full width behind the driver’s seat providing facility for the spare driver to stretch himself and sleep.

                Provided that this sub-rule shall apply to light motor vehicle and medium goods vehicles only from a date to be notified be the Central Government.

(5)The vehicle shall at all time carry the following documents and shall be produced on demand by an officer empowered to demand documents under the Act, namely,-

(i)                  Certificate of fitness,

(ii)                Certificate of insurance,

(iii)               Certificate of registration,

(iv)              National permit,

(v)                Taxation certificate,

(vi)              Authorization

(3)                The vehicle shall be subject to all local rules or restrictions imposed y a State Government.

(4)                The vehicle shall not pick or set down goods between two points situated in the same State other than the home State.

Central Motor Vehicle Rules, 1989 - CHAPTER IV - CONTROL OF TRANSPORT VEHICLES - Rule 86 and Rule 87

CHAPTER IV
CONTROL OF TRANSPORT  VEHICLES

National permits 

Rule  86 and Rule 87

86. Application for national permit,- An application for the grant of a national permit shall be made in Form 48 to h authority referred to in Second 69.

87. Form, content and duration of authorization,-(1) An application for the grant of an authorization shall be made in Form 46 and shall be accompanied by a fee of Rs 500 per annum in the form of a bank draft.

(2) Every authorization shall be granted in form 23 A, in case  the certificate of registration is issued in smart card or shall be granted in form 47, in case the authorization is in paper document mode, subject to the payment of taxes of fees, if any levied by the concerned State. The authority which grants the authorization  shall issue to the permit holder separate receipts for such taxes or fees in respect of each bank draft and such  receipts shall be security printed water-mark paper carrying such hologram as may be specified concerned State/Union authority:

Provided that the bank drafts received in respect of taxes or fees shall invariably be forward  by the authority  which grants the authorization to the respective States:

Provided also that the use of such security printed water-mark paper  carrying such  hologram shall come into force on or before six months from the date of the Central Moto Vehicle (Third Amendment Rules, 2002)

(2A) The authority which grants the authorization shall inform the State Transport Authorities concerned the registration number of Motor Vehicles, the name and address of the permit holder and the period for  which  the said authorization is valid.

 

(1)                            The period of validity of an authorization shall not exceed one year at a time.

Central Motor Vehicle Rules, 1989 - CHAPTER IV - CONTROL OF TRANSPORT VEHICLES - Rule 84 and Rule 85

CHAPTER IV
CONTROL OF TRANSPORT  VEHICLES
Tourist permits 

Rule  84 and Rule 85

84. Right of operation,-No tourist permit shall be deemed to confer the right of operation in any State not included in the authorization referred to in Rule 83 nor shall  it exempt the owner of a vehicle from the payment of tax or fee, if any, leviable in any State.

85. Additional conditions of tourist permit,- the following shall be the additional conditions of  every tourist permit granted  to a tourist vehicle other than a motor cab under sub-section (9) of section 88, namely,

(1)    The permit holder shall cause to be prepared in respect of each trip a list in triplicate of tourist passengers to be carried in the vehicle, giving full particulars as under :

(a)    Name of the passenger,

(b)   address of the passenger,

(c)    age of the passenger,

(d)   starting point and the point of destination.

(2)    One copy of the list referred to in sub-rule (1) shall be carried in the tourist vehicle and shall be produced on demand by the officers authorized to demand production of documents. By or under the provisions of this Act and the rules, and second copy shall be preserved by the permit holder.

(3)    The tourist vehicle shall either commence it journey, or end its journey, circular or otherwise, in the home State for a period of more than three months. The permit holder shall see that every return of the tourist vehicle to the home State is reported to the authority which issued the permit.

Provided that where the contracted journey ends outside the home State, the vehicle shall not be offered for hire within that State of from that State to any other State except for the return journey to nay point the  home State.

(4)    The tourist vehicle may operate circular tours of places lying exclusively in the home State or in the home State and outside the State if such circular tours are in the list approved by the Tourist Department of the home State to visit places of tourist, historical or religious importance and the tour is duly advertised beforehand.

(1)                The permit holder or the authorized agent shall issue a receipt to the hirer and the counterfoil of that receipt shall be kept available with him and produced on demand by the officers empowered to demand  by or under the Act.

(2)                The tourist vehicle shall not be in any bus stand used by stage carriages and shall not operate from such bus stand.

(3)                The tourist vehicle shall be painted in white color with a blue ribbon of five centimeters width at the center of the exterior of the body and word “Tourist” shall be inserted on two sides of the vehicle within a circle of sixty centimeters diameter.

(4)                The permit holder shall display in the front top of the tourist vehicle a board in yellow with letters in black with the inscription “Tourist permit valid in the States of ----------------“ in English and Hindi also, If he so prefers, in the regional language of the State.

(5)                The permit holder shall not operate the tourist vehicle as a stage carriage.

(6)                The permit holder shall maintain a day-to day logbook indicating the name and address of the permit holder and the registration mark of the vehicle, name and address of the driver with the particulars of his driving license and the starting and destination points of the journey with the time of departure and arrival and the name and address of the hirer.

(7)                The permit holder shall furnish in every 3 months the information contained in condition (10) to the State Transport Authority which granted the permit and the log book shall be prepared for a period of 3 years and shall be made available  to the said authority  on demand along with such records referred to in conditions (2) and (4).

Explanation:- In this rule, “home State” means the State which has granted the permi under sub-section (9) of section 88.

85 A. The following shall be the additional conditions that every tourist permit in respect of motor cabs,-

(1)                The  words “Tourist Vehicle” shall be painted  on both sides of the vehicle within a circle of twenty-five centimeters diameter.

(2)                 A board with the inscription “Tourist permit valid in the states of --------- “in black letters in yellow background shall be displayed in the front of the vehicle above the registration number plates:

Provided that this rule shall not apply to motor cabs covered  under ‘Rent a cab scheme.1989’

Central Motor Vehicle Rules, 1989 - CHAPTER IV - CONTROL OF TRANSPORT VEHICLES - Rule 82 and Rule 83

CHAPTER IV
CONTROL OF TRANSPORT  VEHICLES
Tourist permits 

Rule  82 and Rule 83

82. Tourist permit,- (1) An application for the grant of permit in respect of a tourist vehicle (hereinafter referred to in these rules as a tourist permit) shall be made in Form 45 to the State Transport Authority.

(2)(a)  A tourist permit shall be deemed to be valid from the date on which the motor vehicle covered by the permit completed 9 years in the case of a motor cab and 8 years where the motor vehicle is other than a motor cab, unless the motor vehicle is replaced;

(b) \Where a vehicle covered by a tourist permit is proposed to be replaced by another, the latter vehicle shall not be more than two years old on the date of such replacement.

  Explanation:- For the purpose of this sub-rule, the period of 9 years or 8 years shall not be computed from the date of initial registration of the motor vehicle.

83. Authorisation fee,- (1)  An application for the grant of authorization for tourist permit shall be accompanied by a fee of  Rs 500 per annumin the form of a bank draft.

(2) Every authorization shall be granted in form 23A, in case the certificate of registration is issued in Smart Card or shall be granted in Form 47. Om case the authorization is in paper document mode  subject to the payment of taxed and fees, if any, levied by the concerned State. The authority which grants the authorization shall issue to the permit holder separate receipts  for such taxes of fees in respect of each bank draft and such receipts shall be security printed water-mark paper carrying such hologram as may be specified by the concerned state/Union territory:

                Provided that  the Bank Drafts received in respect of taxed or fees  shall be invariably be forwarded by the authority which grants the authorization to the respective States: