
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
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.
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.
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.
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
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
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.
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
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.
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
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.
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
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
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.
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.
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.
Sale of every motor vehicle/CEV manufactured shall be accompanied by a Certificate of roadworthiness issued by the manufacturer in Form 22
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)
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.
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.
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
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
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
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 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 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
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.
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 shall be such as specified in Rule 115E of CMV Rules 1989
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.
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
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.
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.
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).
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
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
(2 )Sale of Non-Compliant Critical Safety Components Penalty:
(3) Vehicle Owners – Illegal Alteration / Retrofitting Penalty:
(4) Section 177: General Penalty
(5) Rule 44 –
(6) Section 196. Driving uninsured vehicle
Criminal offence:
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