Page 305 - The Central Motor Vehicles Rules, 1989
P. 305

RULE 117        THE CENTRAL MOTOR VEHICLES RULES, 1989               277

                                      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.]
                                      1
                                      [xxx]
                                                              Speed Governors
                                 117. Speedometer
                                                                                                3
                                        2
                                                                                                      117
                                      (1)  [Every motor vehicle (including construction equipment vehicle),  [other than
                                 an invalid carriage or an E-rickshaw or E-cart or a vehicle], shall be fitted with an
                                 instrument (hereinafter referred to as “speedometer") so constructed and fixed in such
                                 a position as to indicate to the driver of the vehicle the speed at which the vehicle is
                                 travelling:
                                      4                                     5
                                      [PROVIDED that every agricultural tractor  [and combine harvester] shall be
                                 fitted with an Engine RPM-cum-Hour Meter:]
                                      6
                                      [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:]
                                      7
                                      [PROVIDED ALSO that a vehicle of which, designed speed does not exceed thirty
                                 kilometers per hour shall be exempted from the purview of sub-rule (1).]

                                 1  Sub-rules (4), (5), (6), (7), (8) and (9) omitted vide GSR 410(E), dt. 14-6-2021, w.e.f. 15-6-2021. Prior to
                                    omission, these sub-rules read as under:
                                    “(4) If the result of the tests indicate the motor vehicle complies with the provisions of sub-rule (2) and
                                    sub-rule (7) of rule 115, the driver or any person in-charge of the vehicle shall produce the certificate to the
                                    authority specified in sub-rule (1) within the stipulated time limit.
                                    (5) If the test results indicate that the motor vehicle does not comply with the provisions of the sub-rule (2)
                                    and sub-rule (7) of rule 115, the driver or any person in charge of the vehicle shall rectify the defects so as
                                    to comply with the provisions of the sub-rule (2) and sub-rule (7) of rule 115 within a period of 7 days and
                                    submit the vehicle to any authorised testing station for re-check and produce the certificate so obtained
                                    from the authorised testing station to the authority referred to in sub-rule (1).
                                    (6) If the certificate referred to in sub-rule (1) is not produced within the stipulated period of seven days or
                                    if the vehicle fails to comply with the provisions of 2[sub-rule (2) and sub-rule (7) of rule 115] within a
                                    period of seven days, the owner of the vehicle shall be liable for the penalty prescribed under sub-section
                                    (2) of section 190 of the Act.
                                    (7) If the driver or any person in-charge of the vehicle referred to in sub-rule (1) does not produce the said
                                    certificate within the said period of 7 days, such vehicle shall be deemed to have contravened the provisions
                                    of sub-rule (2) of rule 115 and the checking officer shall report the matter to the registering authority.
                                    (8) The registering authority shall on receipt of the report referred to in sub-rule (7), for reasons to be
                                    recorded in writing suspend the certificate of registration of the vehicle until such time the certificate is
                                    produced before the registering authority to the effect that  the vehicle complies with the provision of
                                    sub-rule (2) and sub-rule (7) of rule 115.
                                    (9) On such suspension of the certificate of registration of the vehicle, any permit granted in respect of the
                                    vehicle under Chapter V or under Chapter VI of the Motor Vehicles Act, 1988 (59 of 1988) shall be deemed
                                    to have been suspended until a fresh “Pollution under control” certificate is obtained.”
                                 2  Substituted for “Every  motor vehicle, other than an invalid carriage” vide GSR 642(E), dt. 28-7-2000.
                                 3  Substituted for “other than an invalid carriage or a vehicle, the designed speed of which does not exceed
                                    thirty kilometers per hour” vide GSR 709(E), dt. 8-10-2014, w.e.f. 8-10-2014.
                                 4  Inserted vide GSR 338 (E) dt. 26-3-1993.
                                 5  Inserted vide GSR 212(E), dt. 20-3-2015, w.e.f. 1-4-2015.
                                 6  Inserted vide GSR 642(E), dt. 28-7-2000.
                                 7  Inserted vide GSR 1225(E), dt. 20-12-2018, w.e.f. 20-12-2018.
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