ATS Amendment 2024

1939 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 182] NEW DELHI, THURSDAY , MARCH 14, 2024 /PHALGUNA 24, 1945 CG-DL-E-15032024-253055 (1) (2) (3) (4) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 14th March , 2024 G.S.R. 195(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 number G.S.R. 815 (E), dated the 3rd November, 2023 of the Ministry of Road Transport and Highways published in the Gazette of India, Ex traordinary, Part -II, Section 3, Sub -section (i), inviting objections and suggestions from all persons 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 3rd November, 2023; AND WHEREAS, the objections and suggestions received have been considered by the Central Government; NOW THEREFORE, in exercise of the powers conferred by sub -section (2) of section 56 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 (Seventh Amendment) Rules, 2024. (2) They shall come into force from the date of their publication in the Official Gazette. 2. In the Central Motor Vehicles Rules, 1989 (hereinafter referred to as the said rules), in rule 174, in sub -rule (1), - (a) for clause (iv), the following shall be substituted, namely: - ‘ “Registering authority” means any officer not below the rank of Commissioner of Transport or Industries Department, nominated by the State/U nion Territory Government. Explanation: Director of Industries or Director of Transport may be nominated as the registering authority in case the State/ Union Territory does not have a position equivalent to Commissioner of Industries or Commissioner of Transport and the registering 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) clause (v) shall be omitted ; (c) clauses (vi), (vii) and (viii) shall be re -numbered as (v), (vi) and (vii) respectively; (d) clause (ix) shall be omitted; (e) in clause (x), for the word “facilitating”, the word “ensuring” shall be substituted; (f) clauses (x) and (xi) shall be re -numb ered as (viii) and (ix) respectively. 3. In rule 176 of the said rules, - (a) in sub -rule (3), in serial number (iii), after the word “Number”, the words “or valid Tax Deduction Account Number, as applicable” shall be inserted; (b) sub -rule (4) shall b e om itted; (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 re -numbered as sub -rule (4). 4. In rule 177 of the said rules, in sub -rule (2), after the words “vehicles or automobile spares,”, the following shall be inserted, namely: - “or scrapping of vehicles: Provided that the Automated Testing Station shall be allowed to provide all other non -conflicting se rvices, such as cafeteria, driver training centers, departmental stores, insurance kiosks”. 5. In rule 178 of the said rules, for sub -rule (1), the following shall be substituted, namely: - “Any facility to be used for the purpose of testing shall have suff icient area to establish testing lanes having lane dimension as per Table -A. (1A) The total indicative area for an Automated Testing Station shall be five hundred square meters per two-wheeler test lane and one thousand five hundred square meters per thr ee-wheeler or Light or Medium or Heavy Motor Vehicle test lane. (1B) The overall indicative area shall include the test lanes given in Table -A, administrative block including reception or information centre, waiting area, Information technology server, w orkstation, washrooms, parking and visual inspection area for vehicles, and the area for utilities. Provided that the State/Union Territory may relax the requirement of overall indicative area for a facility keeping in consideration the layout of the fac ility, geographical location and local conditions, subject to lane dimensions meeting the requirements specified in Table -A.”. 6. In rule 179 of the said rules, in sub -rule (1), for Table -B the following Table shall be substituted, namely: - “Table -B Sl. No. Designation Minimum manpower requirement Minimum Qualification (1) (2) (3) (4) 1. Centre Head/Manager 1 Diploma in Automobile or Mechanical or Electrical or Electronic Engineering or related disciplines with at least five years of professional experie nce 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. 2. Information technology in charge/System Analyst 1 (up to 2 Lanes) 2 (up to 4 lanes) Diploma in Computer Science or Information technology or Electronics and Communication Engineering or related disciplines from recognised institution with at least three years of experience in hardware, software and networking. 3. Data Entry Operat or 1 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 Diploma in Motor Mechanics or Diploma in Mechanical or Automobile or Electrical stream from recognised institution with minimum three years of experience in automobile repair and maintenance. 6. Lane Operator 1 per lane per shift Diploma in Motor Mechanics or Electrical or Computer stream from recognised institution with minimum two years of experience in automobile repair and maintenance. 7. Maintenance Technician 1 for every 2 lanes per shift Diploma in Air Conditioning and Refrigeration or Industrial Training Institute Electrician or Diploma in Mechanical or Electrical from recognised institution with minimum two years of experience in electrical maintenance.” 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 become transferable 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 the test specified in Note (a) of rule 189 shall be allowed to apply for multiple re -tests after getting the defects rectified. (1A) However, if the vehicle is not tested within 180 days from the date of last test excluding the day of test or from the date of expiry of fitness certificate, whichever is later, the vehicle shall be categorised as ‘End - of-Life Vehicle’ and flagged in the VAHAN as ELV.”; (b) For sub -rule (2), the following sub -rule shall be substituted , namely :- “(2) The registered owner or authorised signatory of the vehicle that fails any of the tests specified in Note (c) of rule 189 shall be allowed to apply for mu ltiple re-tests.”; (c) sub-rule (3) and (4) shall be omitted. 9. For rule 183 of the said rules, following rule shall be substituted , namely :- “183. Responsibility of efficient operations and integrity of the test: The Registering Authority of the State in which the Automated Testing Station is located shall ensure that the operation of the Automated Testing Station is 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.”; 10. In rule 184 of the said rules, for sub-rule (2), the following sub -rule shall be substituted , namely :- “The Operator of Aut omat ed 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 assess ment s as per the laid down periodicity and manner.”; 11. In rule 188 of the said rules, in Table -C,- (a) serial number 6 and the entries thereto shall be omitted; (b) serial number 7 shall be re -numbered as serial number 6; 12. In rule 189 of the said rule s, for Notes (1) (2) (3) and (4) , the following notes shall be substituted , namely :- “Notes: (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 unf it and shall be allowed to apply for multiple re -tests after paying prescribed fitness testing fee. (b) if The vehicle is not tested within 180 days from the last test date (excluding the day of test) or from the date of expiry of fitness certificate, wh ichever is later, it shall be categorised as ‘End -of-Life Vehicle’ (ELV). The registering authority of the State/Union Territory to their satisfaction, may allow extension beyond 180 days, under exceptional circumstances. (c) a vehicle fails any of the tes t(s) other than those listed in (a) above and except serial number 8(b), 12(b), 14, 15, 16, 17(a) and 39 (tests which 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 fitness testing fee. (d) a vehicle passes all the tests except serial number 8(b), 12(b), 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’.” ; Note (5) shall be re -numbered as note (e). 13. 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 (6) in Table -G, in serial number (8), poin ts (b) and (c) shall be omitted; (c) in sub -rule (6) in Table -G, after poin t (a), the following shall be inserted, namely; - “(b) Built -in Wi -Fi and GPS support that allows geo -tagging of images with GPS coordinates.”. 14. 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 Vehicle”, the words “/ 3 -wheeler” shall be inserted . 15. 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 . 16. Form 68 of the said rules shall be omitted. 17. In form 69 of the said rules. - (a) in the column header of column 9, for the words and numerals "Tes t Status (Initial Test/1st Re -test/2nd Re-test" the following shall be substituted, namely -:- "Test Result"; (b) in section ‘2. Inspection result’, sub -section ‘(b) For Three Wheelers’, Part C, column (3) of serial number 5, the words “or 37” shall be omi tted; (c) in section ‘2. Inspection result’, sub -section ‘(b) For Three Wheelers’, Part C, column (3) of serial number 6, the words “or 38” shall be omitted; (d) in section ‘2. Inspection result’, sub -section ‘(c) For Two Wheelers’, Part C, column (3), of serial number 4, the words “31 or” shall be omitted; (e) in section ‘2. Inspection result’, in sub -section ‘(c) For Two Wheelers’, Part C, column (3), of serial number 5, the words “32 or” shall be omitted. [No.RT -16011/3/2023 -T] MAHMOOD AHMED , Addl. Secy. Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) vide notification number G.S.R. 590 (E), dated 2nd day of June, 1989 and lastly amended vide notification number G.S.R. 174(E), dated 11t h Ma rch, 2024 . . Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Contro ller of Publications, Delhi -110054.