Page 451 - The Central Motor Vehicles Rules, 1989

RULE 167 THE CENTRAL MOTOR VEHICLES RULES, 1989 423
1
[165. Use of handheld device
Use of handheld communications devices while driving shall solely be used for
165
route navigation in such a manner that shall not disturb the concentration of the driver
while driving.
166. Road Design, Construction and Maintenance Standards
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(1) The design, construction and maintenance of national highways shall be in
accordance with the standards and specifications of the Indian Road Congress as may
be applicable, or any other instructions or guidelines issued by the Central Government
from time to time.
(2) The design, construction and maintenance of roads other than national
highways shall be in accordance with the standards and specifications of the Indian
Road Congress as may be applicable, or any other instructions or guidelines issued by
the State Government from time to time.
(3) Subject to the previous approval of the Central Government or State
Government, as the case may be, deviations from applicable standards, specifications,
instructions and guidelines issued under sub-rule (1) or (2), may be made due to local
conditions including but not limited to site constraints or built up area or land
acquisition, and a copy of the said approval shall be annexed as part of the relevant
contract.
(4) The contract shall clearly define the terms designated authority, consultant and
concessionaire.
167. Procedure for issuance and payment of challan
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(1) Any police officer in uniform or any other officer, authorised by the State
Government in this behalf shall issue a challan through system or e-challan facility
physical or electronic form, to a person acting in violation of the provisions of the Act.
(2) Notwithstanding anything contained in sub-rule (1), in case of any person
violates the provisions of the Act, the State Government or designated agency can enable
auto-generation of challan through electronic monitoring and enforcement system or
manually by any police officer or by a designated agency.
(3) The challan issued under sub-rule (1) or (2), shall be delivered to a person who
violates the provisions of the Act either by hand or any other physical or electronic
means of communication authorised by the Central Government or State Government.
(4) Details of challans issued under sub-rule (1) or (2), shall be recorded
chronologically in the portal on a regular basis for access by enforcement officers.
(5) Challans issued under sub-rule (1) or (2) shall be disposed of within ninety days
from the date of issuance of the challan, in physical or electronic form, except in case of
offences instituted for prosecution by a court.
(6) If a challan is due beyond the time period specified in sub-rule (5), at least one
additional notice for payment may be sent through electronic means of communication
authorised by the Central Government or State Government or by way of call to the
registered mobile number of a person who violates the provisions of the Act.
(7) If a challan is due beyond the time period specified in sub-rule (5), except in
case of offences instituted for prosecution by a court, then applications with respect to
the license of offender or registration of motor vehicle, as the case may be, mentioned

1 Inserted vide GSR 594(E), dt. 25-9-2020, w.e.f. 1-10-2020.