On June 14, 2021, the Ministry of Road Transport and Highways (MORTH) has issued the Central Motor Vehicles (Thirteenth Amendment) Rules, 2021 to further amend the Central Motor Vehicles Rules, 1989.
The following amendments have been made:
- Rule 115 (1), which specifies the motor vehicles complying with standards, has been modified and instead of the words ‘other than motorcycles of engine capacity not exceeding 70 cc’, the words ‘other than battery operated vehicles , namely:
Every motor vehicle, other than battery operated vehicles and those manufactured prior to the first day of March 1990, shall be maintained in such condition and shall be so driven so as to comply with the standards prescribed in these rules.
- Rule 116 (1) (2) and (3) which specifies test for smoke emission level and carbon monoxide level for motor vehicles, has been substituted, namely:
(1) Notwithstanding anything contained in sub-rule (7) of Rule 115 any officer not below the rank of Sub-Inspector of Police or the Inspector of Motor Vehicles who has reason to believe that a motor vehicle is not complying with the provisions of sub-rule (2) of Rule 115, to communicate in writing or through electronic modes to direct the driver or any person incharge of the vehicle to submit the vehicle for conducting the test to measure the standards of emission in any one of the authorized Pollution Under Control testing stations.
(2) If the driver or person in-charge of the vehicles fails to submit the vehicle for compliance or the vehicle fails to comply with sub-rule (2) of 115 within the stipulated period of seven (07) days, the owner of the vehicle shall be liable for penalty prescribed under sub-section (2) of section 190 of the Act.
Provided that, If the owner fails to comply, the registering authority shall, for reasons to be recorded in writing, suspend the certificate of registration of the vehicle and any permit granted, until such time a valid “Pollution under Control “certificate is generated.”
(3) The measurement for compliance to the provisions of sub-rule (2) of rule 115 shall be carried out using the instrument type approved in accordance with AIS 137, as amended from time to time, by any agency referred to in rule 126 or by the National Environmental Engineering Research Institute, Nagpur-440 001.
- Form 58, which specifies the pollution under control certificate, has been inserted.
