Key Compliances for Construction, Equipment and Maintenance of Motor Vehicles[Part 2]

   Background

   The Motor Vehicles Act, 1988 is the primary legislation governing all aspects of road transport in India, including vehicle registration, licensing, construction,     safety, and operation of motor vehicles. It applies to manufacturers, vehicle owners, drivers, dealers, and transport authorities across the country. Chapter         VII  of the Motor Vehicles Act, 1988, deals with offences, penalties, and enforcement mechanisms under the Act. It prescribes penalties for violations such       as driving without licence, registration, insurance, or permits, and for breach of safety and traffic regulations

 

   Applicability

   Applicable to all motor vehicle owners, drivers, and users of motor vehicles in public places, as Chapter VII of the Motor Vehicles Act, 1988 governs                    offences,penalties, and enforcement provisions related to violations of the Act, including non-compliance with licensing, registration, permits, safety, and          insurance requirements across India.

 

Compliance requirements under the Act in Accordance with the Rules

  • Mandatory Parking Lights for Construction Equipment Vehicles (Rule 109)

          Construction equipment vehicles, combine harvesters, and applicable motor vehicles are fitted with required front white/amber and rear red parking                    lights that stay lit when the vehicle is stationary on the road.

         The same rear lamps required under Rule 105(2) can also be used to meet this requirement, so no extra lamps are needed. For construction equipment             vehicles and combine harvesters that have flood lights or spotlights installed for off-highway or construction work, these lights must have separate                     controls. They must stay permanently switched off whenever the vehicle is being driven on a public road.

  • Prohibition on Front Spot or Search Lights without Registering Authority Approval (Rule 111)

         No spotlight or search light shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of the registering                   authority.

  • Exhaust Pipe Position and Safety Requirements for Motor Vehicle (Rule 114)

          Every motor vehicle, including CEVs, combines harvesters, tractors, and public service vehicles, have exhaust pipes positioned & installed according to              prescribed safety, direction, distance, and fire-prevention standards specified under rule 114

          Tanker vehicles carrying explosive or inflammable goods must install exhaust pipes as specified by the Inspector of Explosives. If a vehicle releases                    exhaust on the right side, a small downward angle is allowed, but it must not raise dust and cannot exceed 30 degrees from horizontal. If exhaust exits              on the left side, the pipe cannot tilt more than 30 degrees downward or 30 degrees left, and it must not raise dust when the vehicle is stationary.                          Tractors  may use vertical or horizontal exhaust pipes, but the outlet must be positioned so the driver is not exposed to fumes, following IS 12239 (Part              1):1996. Construction equipment vehicles may use vertical exhaust pipes, positioned to keep exhaust away from the driver.

  • Mandatory Speedometer (IS:11827-2008) for Motor and Construction Equipment Vehicles (Rule 117)

          All motor vehicles (except invalid carriages) shall be fitted with speedometer so as to indicate driver speed at which vehicle is travelling & all                                construction equipment vehicles manufactured on or after April 1, 2015, shall be fitted with a functional speedometer meeting BIS standard IS:11827-                2008

  • Provided that every agricultural tractor and combine harvester shall be fitted with an Engine RPM-cum-Hour Meter
  • Provided further that the requirement of provision of speedometer is exempted for construction equipment vehicle in which the driver’s cabin rotates about a vertical axis
    Provided also that a vehicle of which, designed speed does not exceed thirty kilometers per hour excluding E-rickshaw or E-cart shall be exempted from the purview of sub-rule (1)
  • Every motor vehicle/ CEV/ Quadricycle shall be fitted with a speedometer conforming to IS: 11827-2008 specified by BIS from time-to-time
  • Mandatory Electric Horn (IS:1884-1992) for Motor, Tractor & Construction Vehicles (Rule 119)

          For vehicles manufactured on and from the 1st October 2014, the horn installation requirements for motor vehicles shall be as per IS:15796-2008,                        specified by the Bureau of Indian Standards, as amended from time to time:

          Nothing contained Rule 119(2) shall prevent the use on vehicles used as ambulance or for firefighting or salvage purposes or on vehicles used by police            officers or operators of construction equipment vehicles or officers of the Motor Vehicles Department in the course of their duties or on construction                  equipment vehicles of such sound signals as may be approved by the registering authority in whose jurisdiction such vehicles are kept

  • Motor Vehicles to be fitted with Silencer (Rule 120(1))

          Every motor vehicle including agricultural tractor and combine harvester shall be fitted with a device (hereinafter referred to as a silencer) which by                      means of an expansion chamber or otherwise reduces the noise that would otherwise be made by the escape of exhaust gases from the engine.

  • Noise Standards Compliance (IS:3028-1998, IS/ISO 6393/6394/6395/6396) for Motor & Construction Vehicle (Rule 120(2))

          Every motor vehicle must be constructed and maintained to meet the noise standards in Part E of Schedule VI of the Environment (Protection) Rules,                  1986, when tested as per IS:3028-1998. When different noise limits are prescribed for a vehicle category, the lowest of those limits shall apply to Battery             Operated Vehicles. For CEVs, the emission sound pressure level at the operator’s ear under static conditions must meet IS/ISO:6394:2008; under                         dynamic conditions IS/ISO:6396:2008. The sound power level under stationary conditions must meet IS/ISO: 6393:2008, and under dynamic conditions             IS/ISO:6395:2008, as amended. CEVs must comply with the limits in Table-1 and Table-2, with vehicles manufactured on or after April 1, 2021, meeting               Phase-I limits, and those manufactured on or after January 1, 2025, meeting Phase-II limits

  • Restrictions on Vehicle Body Colour and Paint Scheme (Rule 121)

          No motor vehicle including agricultural tractor and construction equipment vehicle and combine harvester shall be painted in olive green colour except              those belonging to the Defence Department.

  • Mandatory Identification Number (AIS-136:2015) for Tractors, CEVs, HMTs & Harvesters (Rule 122(1A), (2))

           Agricultural tractors, CEVs, hydraulic modular trailers, and combine harvesters shall display an identification number with month and year of                                 manufacture, embossed/etched/punched on it & that w.e.f. 01.04.2016, CEVs shall follow AIS-136:2015 in this regard till corresponding BIS are notified

           The vehicle manufacturer shall intimate to the certifying testing agency regarding the place where the numbers shall be embossed or etched or                           punched including code for the year and month of production in respect of each model and such testing agency shall include these details in the                         certificate of compliance granted by that agency under rule 126. No manufacturer shall change the place of embossing, etching or punching and the                   code for the month and year of production without prior intimation by registered post of the testing agency which granted the certificate of compliance             to these rules

  • Safety standards of components (Rule 120)

          CG may notify, in Gazette, standards (incl. BIS standards) for any vehicle part, component, or assembly including those for CEVs and specify the date                  from which they must be used. After such notification, every manufacturer shall use only those specified parts, components, or assemblies.

          Any notification issued under this sub-rule before commencement of CMV (6th Amendment) Rules, 2001, shall not apply up to 26-08-2002 for                              construction equipment. The general requirements for rear under-run protection and lateral protection shall be as per IS 14812:2005 and IS 14682:2004,            as amended, for applicable vehicle categories. No rear or lateral protection is required for modular hydraulic trailers, and “T” signs used on them shall                comply with IS 9942:1981. Every manufacturer shall obtain prototype approval of notified parts, components or sub-assemblies from an agency under                rule 126, or for tyres and rubber parts from IRMRA, or from BIS-authorized labs for notified IS standards and certify compliance in Form 22. CG may                    notify a marking scheme for such parts and specify dates after which they shall not be used. Type approval and COP for components in Table shall                    follow AIS 037:2004 until corresponding BIS standards are notified, with manufacturers complying 6 months in advance.

  • AIS-160 Safety Standard Compliance for Construction Equipment Vehicles (Rule 124-C)

         All construction equipment vehicles must meet AIS-160 requirements Safety standards of components for CEV, and that CEVs manufactured on or after          April 1, 2021, comply specifically with Part 1 of AIS-160 as per its scope

      Provided further that Part 2 of AIS-160 shall be applicable for construction equipment vehicles, as per scope of AIS-160, manufactured on and after the              1st  January 2025

  • Seat belt & rear-view mirror requirement for construction equipment vehicles (Rule 125A)

          The manufacturer of every construction equipment vehicle shall equip every such vehicle with a seat belt for the driver and for the person occupying the            front seat, and with a rear-view mirror

  • Prototype of every vehicle to be subject to test (AIS-017 & AIS-007) (Rule 126)

         Manufacturers and importers of motor vehicles, tractors, construction equipment vehicles, combine harvesters, power tillers, trailers, semi-trailers and               hydraulic modular trailers must submit prototypes for testing at authorised agencies such as VRDE, ARAI, CIRT, ICAT, CFM T&I Budni, IIP, NRFMTTI,                     GARC,or NATRAX. Approval must certify compliance with the Act and Rules. Type-approval and certification must follow AIS-017-2000 (as amended),                 and manufacturers must submit technical specifications per AIS-007 (Rev.5):2014.
         Provided also that the construction equipment vehicles (CEV) may have steering control on either of the side. Provided also that altered, retrofitted or                 adapted motor vehicles shall be tested and type-approved by the specified testing agencies, or self-certified by the original equipment manufacturer or               State-authorised workshops, as per section 52 of the Act and its rules.

  • AIS-017 Type Approval: Type I Docs, Type II Partial VT Approval, Type III Full VT Approval (Rule 126A)
  1. a) The testing agencies referred to in rule 126 shall, after granting the Type Approval Certificate, also conduct tailpipe emission tests on motor vehicles drawn from the manufacturers or dealer’s production line or warehouse, as applicable, to verify conformity with the provisions of rules made under sections 110 and 110B of the Act.
  2. b) Provided that, if the number of vehicles sold in India for a base model and its variants (manufactured or imported) is fewer than 250 in any consecutive six-month period in a year, such base model and variants need not undergo the above test, if at least one model or its variant of that manufacturer or importer is tested at least once in a year.

          Provided further that, if more than one base model and its variants are manufactured or imported but each individual base model and its variants                        number fewer than 250 in any consecutive six-month period, the testing agency may select one vehicle from among such models or variants once a                    year  for testing.

  • Whole Vehicle Safety Conformity of Production (WVSCOP) tests under AIS-017 Part 6:2020 (Rule 126D)

          Testing agencies must ensure that, after 18 months from notification, whole-vehicle safety CoP tests are conducted under AIS-017 Part 6:2020 on                      vehicles manufactured or imported thereafter, verifying ongoing compliance of type-approved models.

         These tests shall not apply to the vehicles exempted by the Central Government from type approval requirements as per rule 126 or conformity of                        production requirements.

  • Form 22 – Road Worthiness Certificate by manufacturer of Motor vehicle including construction equipment vehicle (Rule 127(2))

          Sale of every motor vehicle/CEV manufactured shall be accompanied by a Certificate of roadworthiness issued by the manufacturer in Form 22

  • Application to designate a motor vehicle as a Defective Motor Vehicle (Rule 127C)

          The owner of a motor vehicle, a testing agency, or any other source as may be notified by the Central Government, may make an application through the            Vehicle Recall Portal, to the Designated Officer under this rule, to designate a particular type of motor vehicle as a defective motor vehicle.

        a)Application shall include details of motor vehicle, complainant/owner, nature of defect in vehicle, component/software, any voluntary corrective action               taken by manufacturer, importer or retrofitter and any other information specified by Central Government
       b)On receiving an application or acting Suo motu, and with prior permission of an officer not below the rank of Deputy Secretary, Ministry of Road                             Transport and Highways, Designated Officer shall issue a show-cause notice to the manufacturer, importer or retrofitter, who may reply within 30 days
       c)Recall shall apply only to vehicles less than 7 years old from date of manufacture, import or retrofit
       d)Cost of any test on vehicle, its component or software shall be borne by manufacturer, importer or retrofitter
       e)A manufacturer, importer or retrofitter aggrieved by a recall notice may appeal to High Court within 90days of receipt
       f)On receipt of recall Notice, manufacturer/importer/retrofitter shall take steps specified U/s 110A(3)

  • Establishment and Maintenance of Recall Procedure (Annexure XII) (Rule 127D (1), (2))

         Without prejudice to the generality of the obligation referred to in sub-rule (1), the manufacturer, importer or retrofitter of the motor vehicle, as the case                may be, is required to:-
        (a) inform risks posed by the motor vehicles being manufactured, imported or retrofitted, by them;
        (b) conduct investigations, and may take samples of motor vehicles and subject them to safety checks;
        (c) maintain a register of recall related complaints and keep dealers informed of such monitoring;
        (d) take appropriate action necessary to avoid recall related risks, including recall of the motor vehicle from the market, adequately and effectively                            warning consumers; and
        (e) comply with requirement laid down in Annexure XII of these rules.

  • Mandatory Intimation of Defective or Risk-Prone Vehicles to Designated Officer (Rule 127D (3), (5), (6), (7))

          Every manufacturer, importer or retrofitter, of the motor vehicle, as the case may be, shall notify, through their web site or registered post or electronic                mail, regarding the initiation of recall action to all the registered owner of the affected vehicles and regarding the existence of the defect for which recall            has been initiated and shall also include the evaluation of its risk to the safety of occupants and road users.
         The communication shall instruct registered owner of the defective vehicle on the available remedies and modalities for availing from the manufacturer,             importer or retrofitter, of the motor vehicle, as the case may be.
         If owners don’t respond after two recall notices or can’t be traced despite efforts, the manufacturer, importer or retrofitter is not liable. Electronic notices          must follow the IT Act.

  • Form A/B – Recall Records (Rule 127D (8))

          The manufacturer, importer or retrofitter, of the motor vehicle, as the case may be, shall maintain the records as per Form A and B of Annexure XII                        relating to each recall conducted by him up to a period when the recall becomes inactive and thereafter submit the said forms to the Designated Officer

  • Valid PUC Certificate After One Year of Registration (Rule 115(7))

          After the expiry of a period of one year from the date on which the motor vehicle was first registered, every such vehicle shall carry a valid “Pollution                    under control” certificate issued by an agency authorised for this purpose by the State Government. The validity of the certificate shall be for six months,            and the certificate shall always be carried in the vehicle and produced on demand by the officers referred to in sub-rule (1) of rule 116

  • Emission Standards of smoke and vapour for Diesel-Driven Tractors, Power Tillers, CEVs & Harvesters (Rule 115A)

          Owners and manufacturers of agricultural tractors, construction equipment vehicles, power tillers and combine harvesters must ensure diesel-driven                  vehicles meet the emission standards prescribed under Rule 115A of CMVR rules 1989

  • Emission Standards for CNG/Bio-CNG/LNG Dual-Fuel Tractors, Power Tillers, CEVs & Harvesters (Rule 115AA)

          Dual-fuel engines (CNG, Bio-CNG or LNG) in tractors, power tillers, CEVs and harvesters—OEM-made or converted—must meet diesel-mode mass                        emission standards for type approval and COP as prescribed under Rule 115AA of CMVR 1989

  • Mass emission standards for CNG, Bio-CNG, LNG-driven tractors, tillers, CEV, and harvesters (Rule 115AB)

          Mass emission standards for CNG, Bio-CNG, LNG driven agriculture tractors, power tillers, construction equipment vehicles and combine harvesters                    shall be as specified in Rule 115AB of CMV Rules 1989

  • Mass emission standards for CNG, Bio-CNG, LNG-driven Vehicles (Rule 115B)

          Mass emission standards for Compressed Natural Gas (CNG) or Bio-Compressed Natural Gas (Bio-CNG) or Liquefied Natural Gas (LNG) Driven Vehicles            shall be as specified in Rule 115B of CMV Rules 1989

  • Mass Emission Standards for LPG-Driven Vehicles (Rule 115C)

          Manufacturers and owners must ensure LPG-driven vehicles meet emission standards equal to gasoline vehicles, except HC is replaced by RHC. OE-                  fitment LPG vehicles must meet type approval norms for petrol mode and LPG mode as prescribed.

  • Compliance with AIS-123 Standards for Hybrid/Electric Retrofitment (Rule 115D)

          Manufacturers, retrofitters and owners must ensure that hybrid electric system kits or pure electric propulsion kits fitted to vehicles in categories L, M                and N comply with the applicable AIS-123 standards specified for each vehicle class.

  • Mass emission standard for flex-fuel (E85) or (E100) & Ethanol (ED95) vehicles (Rule 115E)

          Mass emission standard for flex-fuel(E85) or(E100) & Ethanol (ED95) vehicles shall be such as specified in Rule 115E of CMV Rules 1989

  • Compliance with Mass Emission Standards for Bio-Diesel (B100) (Rule 115F)

          Manufacturers and owners must ensure flex-fuel biodiesel vehicles (diesel engines compatible with biodiesel blends up to B100) meet prevailing diesel              emission norms, and manufacturers must display biodiesel compatibility levels on the vehicle.

  • Fuel consumption standard (Rule 115G)

          Every manufacturer and importer of specified M1, M2, M3, N2 vehicles shall ensure compliance with Fuel consumption standard as specified in Rule                  115G of CMV Rules 1989

  • Compliance with Mass Emission Standards for Flex-Fuel Methanol Vehicles (Rule 115H)

          Manufacturers and owners must ensure flex-fuel methanol vehicles (M15/M85/M100/MD95) meet the emission norms as specified in this rule under                CMVR, and manufacturers must clearly display the approved methanol blend compatibility on the vehicle.

  • Compliance with Mass Emission Standards for DME (D100) Vehicles (Rule 115I)

         Manufacturers and owners must ensure DME (D100) vehicles with compression-ignition engines meet emission norms as specified in this rule under                 CMVR, and manufacturers must affix a clearly visible sticker indicating DME compatibility.

  • Compliance with AIS-157 Standards for Hydrogen Fuel Cell Vehicles (Rule 115J)

          Manufacturers and owners must ensure hydrogen fuel cell motor vehicles in Categories M and N meet AIS-157 standards and hydrogen fuel                                specifications as specified in this rule under CMVR.

         (1) The motor vehicles of Category M and Category N, running on compressed gaseous hydrogen fuel cell shall be in accordance with AIS 157:2020, as                   amended from time to time, till the corresponding BIS specification is notified under the Bureau of Indian Standard Act, 2016 (11 of 2016).
        (2) The hydrogen fuel specification for fuel cell vehicles shall be in accordance with ISO 14687 till the corresponding BIS specification is notified under                     the  Bureau of Indian Standard Act, 2016 (11 of 1986).

  • Compliance with AIS-171 Standards for Ethanol and Ethanol-Blend Vehicles (Rule 115K)

          Safety requirements of MV of Categories L, M and N running on anhydrous ethanol or blends of ethanol with gasoline, with fuel specifications as                          specified under said rules, shall be as per AIS 171:2021, as amended till the corresponding Standard is notified under Bureau of Indian Standard Act,                  1986

  • Compliance with Mass Emission Standards for E12/E15 Vehicles as Specified (Rule 115L)

          Manufacturers and owners must ensure gasoline vehicles compatible with E12 or E15 ethanol–gasoline blends meet emission norms and display blend           compatibility as specified in this rule under CMVR.

Penalty & Punishment

     (1) Manufacturers / Importers / Dealers – Selling or Altering Non-Compliant Vehicles

  • Imprisonment up to 1 year OR
  • ₹1,00,000 fine per vehicle OR both.

    (2 )Sale of Non-Compliant Critical Safety Components Penalty:

  • Imprisonment up to 1 year OR
  • ₹1,00,000 fine per component OR both.

    (3) Vehicle Owners – Illegal Alteration / Retrofitting Penalty:

  • Imprisonment up to 6 months OR
  • ₹5,000 fine per alteration OR both.

    (4) Section 177: General Penalty

  • First offence: Fine extending up to Rs. 500/-
  • Offence: Fine extending up to Rs. 1500/-

    (5) Rule 44 –

  • If the registering authority has reason to believe that the holder of any trade certificate has not complied with the provisions of rules 39 to 43B, it may, after giving the holder an opportunity of being heard, suspend or cancel the trade certificate held by him.

    (6) Section 196. Driving uninsured vehicle

           Criminal offence:

  • Jail up to 3 months
  • Fine ₹2,000 (first), ₹4,000 (repeat)
  • Vehicle can be seized
  • If accident happens → you personally pay all compensation (can be massive)

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