CENTRAL MOTOR VEHICLES (SIXTH AMENDMENT) RULES, 2020

Preamble - CENTRAL MOTOR VEHICLES (SIXTH AMENDMENT) RULES, 2020

CENTRAL MOTOR VEHICLES (SIXTH AMENDMENT) RULES, 2020

PREAMBLE

Whereas, the draft of certain rules further to amend the Central Motor Vehicles Rules, 1989 were published, as required under sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notification of the Government of India in the Ministry of Road Transport and Highways number G.S.R 887(E), dated the 29thNovember, 2019, in the Gazette of India, Extraordinary, Part II, Section (3), Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date on which copies of the official Gazette containing the said notification were made available to the public;

And whereas, copies of the said Gazette notification were made available to the public on the 29th November, 2019;

And whereas, the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 110 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor Vehicles Rules, 1989, namely.-

Rule 1 - Short title and commencement

(1) These rules may be called as the Central Motor Vehicles (Sixth Amendment) Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

Rule 2 - RULE 2

In the Central Motor Vehicles Rules,1989, in rules 93, 93A, 93B and 93C the following rule shall be substituted, namely: -

"93. Motor Vehicle Width, Length and Height:- 

(1).(A). The overall dimensions of motor vehicles shall not exceed the limits as specified in tables given below for each category as applicable.

(I) Two wheeled vehicles

TABLE

(II) Three wheeler Category L5 M/ L5 N and E-rickshaw/E-cart

TABLE

(III) Quadricycle Category L7M/ L7N

TABLE

(IV) Construction Equipment vehicle (CEV)

TABLE

Additional Conditions: Construction equipment vehicles and combine harvesters shall be painted by yellow and black zebra stripes on the portion of the width that exceeds 2.6 meters on the front and rear sides. The zebra stripes need not be used on attachments, if any. Further construction equipment vehicles and combine harvesters shall be equipped for night time driving and parking suitably with white or amber lamps at the front and red lamps at the rear.

(V) Motor Vehicle Category M

TABLE

(iii) In the case of single articulated passenger transport vehicles and double articulated passenger transport vehicles, permission of the State Government shall be obtained regarding their plying on selected routes depending upon local road conditions, width, maneuverability of the vehicle in traffic, as deemed fit. These passenger transport vehicles will also be required to have a closed-circuit TV system for proper visibility 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.

(iv) In case Double Decked busses the overall height of the motor vehicle shall not exceed 4.75meters

(VI) Motor vehicle Category N

TABLE

Provided that in case motor vehicle is a vehicle carrier or livestock carrier and has open or closed load body or is a construction equipment vehicle the overall height of the motor vehicle shall not exceed 4.75meters:

Provided further that vehicle carriers can have a maximum of two decks to carry vehicles:

Provided also that in case motor vehicle has a closed load body or carrying ISO series I containers or fabricated or refrigerated containers the overall height of the motor vehicle shall not exceed 4.52 meters:

Provided also that in case motor vehicle has a tilting load body with canopy, the overall height of the motor vehicle shall not exceed 4.2 meters:

(VII) Trailers Category T

TABLE

Provided that in case semitrailer has a closed Load body the overall height of the motor vehicle shall not exceed 4.52meters. Also Semi trailers carrying ISO series I freight containers or Fabricated / Refrigerated containers shall not exceed 4.52 meters.

Provided further that in case Truck-trailer/Tractor-trailer engaged by Auto manufacturers to carry motor vehicles/Construction equipment Motor vehicle/ livestock/white goods has a closed load body or meant to carry indivisible loads, the overall height of the motor vehicle shall not exceed 4.75 m.

(iv) The overall length of semitrailer with tractor is subject the following conditions, namely:-

(a) Wheelbase of the tractor shall not exceed 6.3meters.

(b) The distance between the fifth gear coupling point and the rearmost point of the trailer shall not exceed 12.45meters.

(v) Road Trains is a motor vehicles wherein traction can be provided by motor vehicles or tractor connected to a combination of trailers and semitrailers:

Provided that in case road train has a closed Load body the overall height of the motor vehicle shall not exceed4.52meters.

(vi) Articulated or truck trailer or tractor-trailer vehicles engaged by automobile manufacturers to carry motor vehicle from their factories to different sale outlets in the country, shall be provided with a sliding inspection window on the container body, to allow verification of motor vehicles carried in the container and the sliding inspection window shall be minimum of 400 millimeters in length and 300 millimeters in height and at least one sliding inspection Window shall be fitted to the middle third of the vehicle, the foremost sliding inspection window being not further than 3 meters from the front and in the case of trailers, account shall be taken of the length of the drawbar for the measurement of this distance and the distance between two adjacent sliding inspection windows shall not exceed 4 meters and the height of the upper edge of the sliding inspection window shall not be more than 1.8 meters from the ground.

(VIII) Modular Hydraulic Trailer/Pneumatic Trailer

TABLE

Notes: Pneumatic trailers are trailers with air suspension

(IX) Mechanical Trailers of Exceptional Length

TABLE

Notes: Mechanical Trailers with length upto 18.75meters which may be extended upto 50 meters depending on the length of the indivisible consignment, while complying with Central Motor Vehicles Rules conditions like axle load , Turning radius etc.

(x) Agriculture category A

TABLE

B General Conditions and relaxations for dimensions.-

(i) A rear-view mirror, or guard rail or a direction indicator rub-rail (rubber beading) having maximum thickness of 20 millimeter on each side of the body or side foot step shall not be taken into consideration in measuring the overall width of a motor vehicle;

(ii) No motor vehicle shall be loaded in such a manner that the load or any part thereof extends.-

(a) laterally beyond the side of the body;

(b) to the front beyond the foremost part of the load body of the vehicle;

(c) to the rear beyond the rear most part of the vehicle;

(d) to a height beyond the limits specified.

(iii) In case of indivisible load following relaxations are permissible with respect to following dimensions, namely:-

(a) 200mm projection on each lateral     side permissible in case motor vehicle used has the actual width as 2.6 meter subject to following conditions namely:-

1. Projecting portion of the indivisible load shall be painted with yellow and black reflective paint or pasted with tape havening similar painting;

2. Lamp emitting red light on rear and while light on front shall attached to the extreme end of the both side of the divisible load.

(b) Height up to 4.75 meters.

Explanation I: For the purposes of this rule' "Overall Width" means the width of motor vehicle measured at right angles to the axis of the motor vehicle between perpendicular planes enclosing the extreme points.

Explanation II: For the purposes of this rule, "Overall Length" of motor vehicles means the length of the vehicle measured between parallel planes passing through the extreme projection points of the vehicle exclusive of following as applicable -

(i) a starting handle;

(ii) any hood when down;

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

(viii) any devices fitted for meeting direct or indirect vision requirements;

(ix) rear foot step.

Explanation III: For the purposes of this rule' "Overall Height" of vehicles means the overall height of motor vehicles measured from surface on which vehicle rests. In case of M category vehicles, overall height excludes height of air conditioning unit.

Note : Rear view mirrors shall not be taken into consideration in measuring the overall height of a motor vehicles.

(iv) The dimensions of Agricultural Tractors in this rule are-

(i) Overall width of agricultural tractor and power tiller means the width of the vehicle measured at right angles to the axis of the vehicle between perpendicular planes enclosing the extreme points;

(ii) Overall length of agricultural tractor and power tiller means the length of the vehicle measured between parallel planes passing through the extreme projection points of the vehicle;

(iii) Overall height of agricultural tractor and power tiller means the overall height of vehicle measured from surface on which vehicle rests.

Explanation IV: For the purposes of this rule, "Airport Passenger Bus (Tarmac Bus)" means the Bus having doors on both sides which is exclusively used for the carrying the passengers from airport terminal to and from the aircraft and plying on the air side on the Airport terminal with maximum speed not exceeding thirty kilometer per hour.

Note : Fire escape tower wagons and other special purpose vehicles exempted by general or special order of registering authority shall be exempt from the height requirements of vehicles.

Explanation V: For the purposes of this rule' "Indivisible load" means any item or cargo that cannot be divided without extreme efforts' expense or risk of damage to it and can't be carried on motor vehicle without exceeding the permissible mass and/ or dimensions of the vehicles and roads.

Explanation VI : For the purposes of this rule' "wheel base" means'-

(a) In the case of vehicles with only two axles, the distance measured horizontally and parallel to the longitudinal axis of the vehicle, between the centre points of the front axle and rear axle;

(a) In case of vehicle having only three axles, and the front axles is only the steered axle, the distance measured horizontally and parallel to longitudinal axis of the vehicle between the centre of the front axle and centre point between the two rear axles;

(a) In case of vehicles having more than three axles, and fitted with or without retractable axle, wheelbase shall be the distance measured between the centre of the front-most axle and the centre point of rear combination of non-steered axles.

Note.- (i) "retractable axle" means an axle which can be raised or lowered by the axle-lift device in accordance with first indent;

(ii) "Axle-lift device' means a device permanently fitted to a vehicle for the purpose of reducing or increasing the load on the axle (S), according to the loading conditions of the vehicle, either by raising the wheels clear-off the ground or lowering them to the ground or without raising the wheels of the ground (for Ex. In the case of Air suspension systems, or other system) in order to reduce the wear on the tyres when the vehicle is not fully laden, or make starting (moving of) on slippery ground easier for motor vehicles or vehicle combinations by increasing the load on the driving axle].

(2) Overhang- (1) The overhang of a tractor or puller tractors shall not exceed 1.85 metres.

(2) The overhang of the motor vehicle other than a tractor, construction equipment vehicle and combine harvester shall not exceed 60 percent of the wheel base.

Explanation : For the purpose of this rule, "overhang" means the distance measured horizontally and parallel to the longitudinal axis of the vehicles between two vertical planes at right angles to such axis passing through the two points specified hereunder:

(A) The rearmost point of the vehicle exclusive of-

(i) any hood when down;

(ii) any post office letter-box, the length of which measured parallel to the longitudinal axis of the vehicle, does not exceed thirty centimeters;

(iii) any ladder forming part of a turn-table fire-escape fixed to a vehicle;

(iv) any ladder used when the vehicle is at rest for loading or unloading from the roof of the vehicle, or any tail lamp or number plate fixed to a vehicle;

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

(vi)  any luggage carrier fitted to a motor vehicle constructed solely for carriage of passengers and their effects and adapted to carry not more than seven passengers exclusive of the driver;

(vii) any towing hook or other fitment which does not project beyond any fitment mentioned in clauses (ii) to (vi);

(viii) any mounted implement on a 3-point linkage of a tractor:

Provided that in the case of a stage carriage-

(a) The projection of any bumper or advertisement panel fitted at the rear of the vehicle shall not exceed fifteen centimeters;

(b) The projection in respect of an advertisement panel shall not be such as to obstruct either the vision from the rear view mirror or project through the emergency exit at the rear or both;

(i) In the case of a vehicle having only two axles, one of which is not a steering axle, the centre point of that axle; or

(ii) in the case of a vehicle having only three axles and the front axle is the only steering axle, the centre point of the rearmost axle' irrespective of rear axle(s) being "fixed" or "retractable (lift axle);

(iii) in the case of a vehicle having only three axles where two front axles are steering axles, the centre point of the rearmost axle' irrespective of rear axle(s) being "fixed" or "retractable (lift axle);

(iv) in the case of a vehicle having four or more than four axles; the centre point of the rearmost axle' irrespective of rear axle(s) being "fixed" or "retractable (lift axle);

(v) in any other case, a point situated on the longitudinal axis of the vehicle such that a line drawn from it at right angle to that axis will pass through the centre of the minimum turning circle of the vehicle.

(c ) The overhang of the construction equipment vehicle or combine harvester shall not exceed 7.5 metres in front or rear while in the travel mode:

Provided that in case of a combine harvester exclusively used for harvesting sugarcane, the overhang shall not exceed 8.5 meters in rear while in travel mode.

(d ) The overhang of the agricultural tractor shall not exceed 1.85 meter provided that lateral projection up to 700 mm beyond the central line of the rear wheel shall be permitted.

Explanation.- For the purpose of this sub-rule' "overhang" means the length/height measured horizontally and parallel to the longitudinal axis of the construction equipment vehicle or combine harvester between two vertical planes at right angles to such axis passing through-

(iii) the front most point of the vehicle and the Centre point of the front axle, for the front overhang,

(ii) The rearmost point of the vehicle and centre point of the rear axle, for the rear overhang, exclusive of the parts or fitments mentioned at items (i) to (viii) of the sub-rule (2) of rule 2 as applicable.

(4) Except in the case of vehicles of L1 and L2, E-cart/ E-rickshaw and L5categories, no part of the vehicle other than a direction indicator, when in operation, or a driving mirror, shall project laterally more than 355 millimetres beyond the centreline of the rear wheels, in the case of single rear wheels or more than 152 millimetres beyond the edge extreme outer tyres, in the case of dual rear wheels:

Provided that the State Government or any authority authorised in this behalf by the State Government, if it is satisfied that it is necessary because of the nature of any road or bridge or in the interest of public safety, may prohibit or restrict the operation of a motor vehicle in a specified route or area unless such vehicle complies with the requirements specified by the State Government for such route or area.

(5) No part of the construction equipment vehicle or combine harvester in travel mode other than a direction indicator, or a driving mirror, shall project laterally more than 300 millimetre beyond the extreme outer edge of the tyres or wheel drums regardless of single or dual tyres or rollers.