Central Motor Vehicles Amendment Rules 2021 : Rules for Recognition, Regulation and Control of Automated Testing Stations

Central Motor Vehicles Amendment Rules 2021 : Rules for Recognition, Regulation and Control of Automated Testing Stations 

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS 

NOTIFICATION

New Delhi, the 8th April, 2021

G.S.R. 278(E).—The following draft of certain rules further to amend the Central Motor Vehicles Rules, 1989, which the Central Government proposes to make in exercise of the powers conferred by section 56 (2) of the Motor Vehicles Act, 1988 (59 of 1988), is hereby published as required by sub-section (1) of section 212 of the said Act for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of thirty days from the date on which the copies of this notification, as published in the Official Gazette, are made available to the public;

Objections and suggestions to these draft rules, if any, may be sent to the Joint Secretary (Transport), email: comments-morth@gov.in, Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001.
Central Motor Vehicles Amendment Rules

The objections or suggestions which may be received from any person in respect of the said draft rules before the expiry of the aforesaid period will be considered by the Central Government.

Draft Rules

1. Short  Title and commencement.  -

(1) These  rules may be  called  the  Central  Motor Vehicles (……Amendment) Rules, 2021.

(2) They shall come into force with effect from 1.10.2021

2. In Central Motor Vehicle Rules, 1989 (hereinafter referred to as the said rules), after sub-rule (3) of rule 63, the following sub-rule shall be inserted, namely Rule ―63 (A):

The rules for recognition, regulation and control of Automated Testing Station, required under section 56

(2) of the Motor Vehicles Act, 1988, are specified in Appendix XV‖.

3. In the said rules, after Appendix XIV, the following shall be inserted, namely: -

“APPENDIX XV

RECOGNITION, REGULATION AND CONTROL OF AUTOMATED TESTING STATIONS

1. Short title and commencement – 

These rules may be called the RULES FOR RECOGNITION, REGULATION AND CONTROL OF AUTOMATED TESTING STATIONS.

2. Applicability- These rules deal with the recognition, regulation and control of Automated Testing Stations, the procedure for automated testing and grant of Certificate of Fitness to be followed by such Automated Testing Stations

3. Definitions – In this Scheme, unless the context otherwise requires, -

(1) ―Act‖ means Motor Vehicles Act, 1988 (59 of 1988).

(2) ―Automated  Testing  Station‖  means  any  automated  testing  facility,  authorised  by  the  State

Government, where fitness testing may be conducted in accordance with these rules.

(3) ―Certificate of Fitness‖ means the certificate issued by a prescribed authority, as specified in Section 56(1) of Motor Vehicle Act 1988, or authorised testing station, in Form 38, to the effect that the vehicle complies, for the time being, with all the requirements of the Motor Vehicle Act and the Rules made thereunder.

(4) ―registering authority‖ for the purpose of said rules means an officer nominated by the State Government from Transport Department for the purpose of registering such Automated Testing Stations / facilities.

(5) ―Appellate Authority‖ for the purpose of rule 12, means any officer not below the rank of Transport Commissioner nominated by the State Government for the purpose of review of appeal against test result of an Automated Testing Station.

(6) ―Registration Certificate‖ means the authorisation certificate granted by the Registering Authority to the Automated Testing Station in Form 59.

(7) ―Owner‖ means a person, including any individual, company, association or body of individuals or special purpose vehicle or State Government, who is a registered owner of an Automated Testing Station;

(8) ―Operator‖ means a person, including any individual, company, association or body of individuals or special purpose vehicle or State Government, who is responsible for the management of affairs and operations of the Automated Testing Station, such as hiring of staff, conducting the tests on the vehicles, ensuring the integrity of the whole operations and facilitating the conduct of audit in accordance with these rules.

(9) ―End of Life – Vehicle (ELV)‖ means all vehicles which are no longer validly registered; or their registration have been cancelled under chapter IV of the Motor Vehicle Act, 1988; or declared unfit after undergoing test/ re-test as prescribed in the said rules; or due to an order of a court or are self-declared by the legitimate registered owner as a waste vehicle due to any circumstances that may arise from fire, damage, mechanical breakdown, natural disaster, riots or accidents etc.

4. Authorisation Procedure for Automated Testing Station – 

(1) No Operator of an Automated Testing Station shall issue or renew a Certificate of Fitness to a vehicle without a Registration Certificate in Form 59 granted by the registering authority.

(2) An application for grant or renewal of a Registration Certificate under sub-rule (1) shall be made in Form 60 to the registering authority having jurisdiction in the area in which the station is situated and shall be accompanied by—

(a) Appropriate fee as specified in rule 17;

(b) A security deposit as specified in rule 17

(3) A registering authority shall, when considering an application for the grant or renewal of a Registration Certificate, shall ensure that the applicant satisfies all the requirements as specified in rules 5 to 8.

(4) The registering authority may, on receipt of an application under sub-rule (2), and after satisfying himself that the applicant has complied with the requirements of sub- rule (3), grant or renew the Registration Certificate in Form 59 within sixty days from the date of receipt of the application.

Provided that no application for a Registration Certificate shall be refused by the registering authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the registering authority.

(5) All information regarding the objections/observations on the application for registration, approval or refusal of registration certificate, along with the reasons for refusal, shall be uploaded on such portal, as may be specified by the Central Government, within three working days of passing such order under sub- rule (4).

5. Eligibility – 

(1) The Owner of an Automated Testing Station may be the State Government or any individual, company, association or body of individuals or special purpose vehicle, through public- private partnership or otherwise.

(2) The Operator of an Automated Testing Station may be the State Government or any individual, company, association or body of individuals or special purpose vehicle, through public- private partnership or otherwise.

(3) Notwithstanding anything contained in sub-rules (1) and (2), the Owner of an Automated Testing Station may also be the Operator of such Automated Testing Station

(4) The Owner and Operator of an Automated Testing Station shall possess:

i. Certificate of Incorporation

ii. Valid GST certificate

iii. Valid PAN

(5) The Operator of an Automated Testing Station must have sufficient financial resources and adequately qualified manpower as per rule 8 to ensure continued operations and maintenance of the Automated Testing Station.

6. Conflict of Interest – 

(1) There shall be no conflict of interest during the course of operations that may arise or may be perceived due to financial or professional interest of the Operator of an Automated Testing Station and their obligations under these rules.

Explanation - For the purposes of this rule, financial or professional interest means any personal, financial, or other considerations that may have the potential to influence or compromise the professional behaviour of the Operator of an Automated Testing Station.

(2) The Automated Testing Station shall act as test-only facility and shall not provide any services related to repair of vehicles or sale or manufacturing of auto spares.

(3) Testing officials shall be required to maintain strict confidentiality of information regarding test results related to vehicle make and type.

(4) Operator of an Automated Testing Station shall, at all times, function in a transparent and impartial manner and must sign an undertaking with regard to provisions of sub- rules (1), (2) and (3) as specified in Form 60.

7. Infrastructure requirement  ........................ Click here to read more.

Source: http://egazette.nic.in/WriteReadData/2021/226680.pdf

नोट :- हमारे वेबसाइट www.indiangovtscheme.com पर ऐसी जानकारी रोजाना आती रहती है, तो आप ऐसी ही सरकारी योजनाओं की जानकारी पाने के लिए हमारे वेबसाइट www.indiangovtscheme.com से जुड़े रहे। 
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