ATS

6941 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 635] NEW DELH I, FRIDAY , NOVEMBER 3, 2023/ KARTIKA 12, 1945 CG-DL-E-04112023-249877 (1) (2) (3) (4) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 3rd November, 2023 G.S.R . 815 (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 Gazet te, are made available to the public; Objections and suggestions to these draft rules, if any, may be sent to the Addl. Secretary (Transport), email: comments [email protected], Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001. 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, 2023. (2) They shall come into force from the date of publication of the notification. 2. In the Central Motor Vehicles Rules, 1989, and its amendments, 2022 (hereinafter refe rred to as the said rules), in rule 174, sub -rule (1), (a) For serial number (iv), the following shall be substituted: “ “Registering authority” means any officer in State/UT Transport or Industries Department, not below the rank of Commissioner, as nomina ted by the State/UT Government. Director of Industries or Director of Transport may be nominated as the registering authority in case the State/UT does not have a position equivalent to Commissioner of Industries or Commissioner of Transport. The registeri ng authority shall be empowered to issue Preliminary Registration Certificate, issue and renewal of Registration Certificate under this chapter for the registration of automated testing stations;” (b) Serial number (v) shall be omitted. (c) Serial number ( vi), (vii) and (viii) shall be read as (v), (vi) and (vii) respectively (d) Serial number (ix) shall be omitted. (e) In serial number (x), for the word “facilitating”, the word “ensuring” shall be substituted. (f) Serial number (x) and (xi) shall be read a s (viii) and (ix) respectively. 3. In rule 176 of the said rules, (a) In sub -rule (3), in serial number (iii), after the words “Permanent Account Number”, the words “or valid Tax Deduction Account Number, as applicable” shall be inserted. (b) Sub -rule (4) shall be omitted. (c) In sub -rule (5), the words “and such entities shall also be exempt from meeting financial criterion specified in sub -rule (4) of rule 176, sub -rule (4)” shall be omitted. (d) Sub -rule (5) shall be read as sub -rule (4). 4. In rul e 177 of the said rules, for sub -rule (2), after the words “vehicles or automobile spares.”, the following words shall be inserted: “or scrapping of vehicles. However, the ATS shall be allowed to provide all other non -conflicting services, such as cafeteri a, driver training centers, departmental stores, insurance kiosks, etc. (The list of non - conflicting services listed in this sub -rule is indicative and non -exhaustive).” 5. In rule 178 of the said rules, (a) In sub -rule (1), the following shall be subs tituted: “Any facility to be used for the purpose of testing shall have sufficient area to establish testing lanes having lane dimension as per Table -A. The total indicative area for an ATS shall be five hundred square meters per two -wheeler test lane and one thousand five hundred square meters per three - wheeler or Light or Medium or Heavy Motor Vehicle test lane. The overall indicative area shall include the test lanes (as per dimensions given in Table -A), administrative block including reception or inform ation centre, waiting area, Information technology server, workstation, washrooms, parking and visual inspection area for vehicles, and the area for utilities. The State/UT may relax the requirement of overall indicative area for a facility keeping in cons ideration the layout of the facility, geographical location and local conditions, subject to lane dimensions meeting the requirements specified in Table -A.” (b) In sub -rule (5), the following shall be substituted: “An automated testing station shall ha ve adequate area for parking and free movement of vehicles brought for testing. The necessary cyber security certifications shall be obtained by the ATS operator as per SOP available on the website of National Informatics Centre (NIC) at https://vahan.pari vahan.gov.in/AFMS/#/faq” 6. In rule 179 of the said rules, in sub -rule (1), for Table -B the following table shall be substituted, namely: - Sl. No. Designation Minimum manpower requirement Minimum Qualification (1) (2) (3) (4) 1. Centre Head/Manager 1 Graduate or Diploma in Automobile or Mechanical or Electrical or Electronic Engineering or related disciplines with at least five years of professional experience which includes at least two years of experience in vehicle inspection, manufacturing or repair and shall have thorough knowledge of the Act and the rules made thereunder, especially the chapters relating to registration of motor vehicles and construction, equipment, and maintenance of motor vehicles. 2. Information technology in charge/System Anal yst 1 (up to 2 Lanes) 2 (up to 4 lanes) Master of Computer Application or Bachelor of Engineering or Bachelor of Technology or Diploma in Computer Science or Information technology or Electronics and Communication Engineering or related disciplines with at least three years of experience in Hardware, software and Networking from any recognised organisation or institution. 3. Data Entry Operator 1 Any Graduation Degree or Diploma in Computer Application with basic computer knowledge. 4. Driver (Light Motor Vehicle/Heavy Motor Vehicle) 2 per lane per shift Driving license with minimum five years of driving experience (Light Motor Vehicle or Heavy Motor Vehicle). 5. Lane in charge/ Supervisor 1 for every 2 lanes per shift Industrial Training Institute Diplom a in Motor Mechanics or Diploma in Mechanical or automobile or electrical stream with minimum three years of experience in automobile repair and Maintenance from any recognised organisation or institution. 6. Lane Operator 1 per lane per shift Industrial Training Institute Diploma in Motor Mechanics or Electrical or Computer stream with minimum two years of experience in automobile repair and maintenance from any recognised organisation or institution. 7. Maintenance Technician 1 for every 2 lanes per shi ft Industrial Training Institute Diploma in Air Conditioning and Refrigeration or Industrial Training Institute Electrician or Diploma in Mechanical or Electrical, with minimum two years of experience in electrical Maintenance from any recognized organisat ion or institution. 7. In rule 180 of the said rules, for sub -rule (3), the following sub -rule shall be substituted namely: - “The Preliminary Registration Certificate shall not be transferable. The Registration Certificate, however, shall become trans ferable after expiry of six months from the date of issuance.” 8. In rule 182 of the said rules, (a) For sub -rule (1), the following sub -rule shall be substituted: “(1) The registered owner or authorised signatory of the vehicle that fails any of th e test(s) specified in serial number (a) of Notes in rule 189 shall be allowed to apply for multiple re -tests within 180 days of initial test result, after getting the defects (as identified during the last inspection) rectified from a suitable workshop. I f the vehicle is not tested within 180 days from the date of previous test (excluding the date of test), the vehicle shall be declared as End -of-Life Vehicle (ELV) and flagged in the VAHAN as ELV.” (b) For sub -rule (2), the following sub -rule shall be sub stituted: “(2) The registered owner or authorised signatory of the vehicle that fails any of the tests specified in serial number (b) of Notes in rule 189 shall be allowed to apply for multiple re -tests.” (c) Sub -rule (3) and (4) shall be omitted. 9. For rule 183 of the said rules, following rule shall be substituted: “183. Responsibility of efficient operations and integrity of the test: (1) The Regional Transport Officer in whose jurisdiction the ATS is located shall ensure that the operation of ATS sh all be conducted by the operator of that station in accordance with rules for Recognition, Regulation and Control of Automated Testing Station. The compliance to the testing procedure and the integrity of the test results shall be maintained in accordance with these rules. (2) The Registering Authority of State/UT shall have the overall responsibility for the efficient functioning of such Automated Testing Stations.” 10. In rule 184 of the said rules, a) For sub -rule (2), the following sub -rule shall be substituted: “The Operator of Automated Testing Station shall ensure audit and assessment of the facility by a National Accreditation Board for Testing and Calibration Laboratory accredited agency or any other agency notified by the Central Government for conducting such audits and assessments as per the laid down periodicity and manner.” 11. In rule 188 of the said rules, in Table -C, serial number 6 shall be omitted. 12. In rule 188 of the said rules, in Table -C, Serial number 7 shall be read as Seri al number 6. 13. In rule 189 of the said rules, for part (1) (2) (3) and (4) of the notes, the following parts shall be substituted: “ (a) If a vehicle fails any of the test(s) specified in serial number 1, 11, 12(a), 13, 17(b), 31, 32, 34, 35, 37 and 38, such vehicle shall be declared as Unfit and shall be allowed to apply for multiple re -tests within 180 days from initial test date (excluding the day of test), after paying prescribed fitness testing fee. If the vehicle is not tested within 180 day s from the initial test date (excluding the day of test), it shall be declared as End - of-Life Vehicle (ELV). (b) If a vehicle fails any of the test(s) other than those listed in (a) above and except serial number 14, 15, 16, 17(a) and 39 (tests whi ch have no bearing on the fitness status of a vehicle but are recommended to be fixed by vehicle owner for optimal vehicle performance), such vehicle shall be declared as Unfit. Such vehicle may undergo multiple re -tests, after paying the prescribed fitnes s testing fee. (c) If a vehicle passes all the tests except serial number 14, 15, 16, 17(a) and 39 (which have no bearing on the fitness status of a vehicle but are recommended to be fixed by vehicle owner for optimal vehicle performance), it shall be declared as fit.” 14. In rule 189 of the said rules, part (5) of the notes shall be read as part (d). 15. In rule 190 of the said rules, (a) In sub -rule (5) for Table -F, in the column header, after the words “Light Commercial Vehicles”, the words “and Light Motor Vehicles” shall be inserted. (b) In sub -rule (5) in Table -F, in serial number (1), for Medium and Heavy Commercial Vehicles, in item number (e), the words “lifting and braking” shall be substituted by “lifting or braking”. (c) In sub -rule (6) in Table -G, in serial number (8), points (b) and (c) shall be omitted and following shall be added: “(b) Built -in Wi -Fi and GPS support that allows geo -tagging of images with GPS coordinates” 16. In form 63 of the said rules, (a) In serial number 2 , item number f., after the word “PAN”, the word “/ TAN, as applicable” shall be inserted. (b) in serial number 3, in the column header, the words “/ 3 -Wheeler” shall be omitted (c) in serial number 3, in the column header, after the words “Light Motor Veh icle”, the words “/ 3 -wheeler” shall be inserted 17. In form 64 of the said rules, (a) In serial number 2, item number f., after the word “PAN”, the word “/ TAN, as applicable” shall be inserted (b) in serial number 3, in the column header, the words “/ 3-Wheeler” shall be omitted (c) in serial number 3, in the column header, after the words “Light Motor Vehicle”, the words “/ 3 -wheeler” shall be inserted 18. Form 68 of the said rules shall be omitted. 19. In form 69 of the said rules, in the column h eader of column 9, the words "Test Status (Initial Test/1st Re - test/2nd Re -test" shall be substituted with the words "Result of Initial/last Test". [No. RT-16011/3/2023 -T ] MAHMOOD AHMED, Addl . Secy . Note : The principal rules were published in the Gaz ette of India, Extraordinary, Part II, Section 3, Sub -section (i) vide notification number G.S.R. ….(E), dated ….. and lastly amended vide notification number G.S.R. ….(E), dated ….. Uploaded by Dte. of Printing at Governmen t of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.