Central Motor Vehicles (Seventeenth Amendment) Rules, 2021

Central Motor Vehicles (Seventeenth Amendment) Rules, 2021

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS 

NOTIFICATION

New Delhi, the 11th August, 2021

G.S.R. 575(E).—Whereas the draft 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 Ministry  of Road  Transport and  Highways, Government of India, numbered G.S.R. 136 (E), dated the 25th February, 2021 published 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 Gazette containing the said notification were made available to public;

And, whereas, copies of the said Gazette notification were made available to the public on the 25th February, 2021;

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 136A read with section 137 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:—

1. Short Title and commencement.-(1) These rules may be called the Central Motor Vehicles (Seventeenth Amendment) Rules, 2021

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

2. In Central Motor Vehicle Rules, 1989,  after rule 167,  the following  rule shall be inserted, namely:— “167A. Electronic Monitoring and Enforcement  of  Road  Safety.-(1)  The  electronic enforcement device used for issuance of a challan shall have an approval certificate signed by a designated authority of the State Government certifying that the device is accurate and operating properly and the approval certificate shall be renewed on a yearly basis.

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Explanation.- (1) For the purpose of this rule, “electronic enforcement device” means a speed camera, closed-circuit television camera, speed gun, body wearable camera, dashboard camera, Automatic Number Plate Recognition (ANPR), weigh in machine (WIM) and any such other technology specified by the State Government.

(2) Body wearable camera may be worn by police officer, transport official or any other official authorised by the State Government and such officer or official shall notify to the offender that he is being recorded by the body camera and s imilarly, dashboard camera may be placed on the dashboard of any police vehicle or in any other vehicle as authoris ed by the State Government for enforcing the traffic rules and such officer or official  shall notify to the offender that he is being recorded by the dashboard camera.

(2) State Governments shall ensure that appropriate electronic enforcement devices are p laced  at high-risk and high-density corridors on National Highways and State Highways, and at critical junctions at least in major cities with  more than  one million  population  (as  per data available based on Million Plus Urban Agglomerations or Cities: census of India 201I or as per the latest census) including the 132 cities as specified in the table below, and t he electronic enforcement device shall be placed in such a manner so as not to cause any obstruction, line -of-sight issues or interruption in traffic flow—

TABLE

List of 132 Non-attainment/   Million plus cities in India  under  National  Clean Air
Programme  (NCAP)