Mandatory fitment of Speed Governor in certain categories of transport vehicles



GOVERNMENT OF TELANGANA
ABSTRACT
Transport Department – Notification issued by the Government of India - Mandatory fitment of Speed Governor in certain categories of transport vehicles – Notification – ORDERS – ISSUED.
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TRANSPORT, ROADS & BUILDINGS (Tr.I) DEPARTMENT
G.O.MS.No. 50 Dated: 09/11/2015

Read the following:
1.Ministry of Road Transport & Highways, Government of India, New Delhi, Notification No.G.S.R.290(E) dated 15.4.2015,
2. Ministry of Road Transport & Highways, Government of India, New Delhi, Notification No.S.O.2687(E), Dated 01.10.2015.
3. From the Transport Commissioner, Telangana State,
Hyderabad, Letter No.4061/R/2015, dated 18.09.2015.
                                             ***
O R D E R:
In the reference 1st read above, the Government of India have
issued Notification amending the Central Motor Vehicles (Sixth
Amendment) Rules, 2015 substituting Rule 118 to CMV Rules, 1989.

In the reference 2nd read above the Government of India have
issued notification and exempted the N1 and M2 categories of vehicles from the provisions of sub-rule (1) of rule 118 of Central Motor Vehicles Rules, 1989 for equipping or fitting with speed governor (speed limiting device or speed limitation function) by the vehicle manufacturers for a period from the date of publication of the notification i.e., from
01.10.2015 till the 1st day of April, 2016 or until further orders,
whichever is earlier.

Accordingly, the following notification will be published in an
Extra-ordinary issue of Telangana Gazette, dated:10-11-2015.
                                    NOTIFICATION

Pursuant to rule 110 of the Central Motor Vehicle Rules, 1989, as notified by the Government of India, Ministry of Road Transport and Highways vide Gazette Notification No.233, dated 15.4.2015 and GSR No.290(E) Ministry of Road Transport and Highways, dated 15-04-2015 and S.O.No.2687(E) Ministry of Road Transport and Highways, dated 01-10-2015, the Governor of Telangana hereby makes the following:

“1.(1) These rules may be called the Central Motor Vehicles (Sixth Amendment) Rules, 2015.

(2) They shall come into force on the date of their publication
in the Official Gazette.

2. In the Central Motor Vehicle Rules, 1989 (hereinafter referred as a the principal rules), for rule 118, the following rule shall be substituted, namely”

“118. Speed Governor:

(1) Every transport vehicle notified by the Central Government
under sub-section (4) of section 41 of the Motor Vehicles Act,
1988 (59 of 1988), save as provided herein, and manufactured on or after the 1st October, 2015 shall be equipped or fitted by the vehicle manufacturer, either in the manufacturing stage or at the dealership stage, with a speed governor (speed limiting device or speed limiting function) having maximum pre-set speed of 80 kilometer per hour conforming to the Standard AIS 018/2001, as amended from time to time.

Provided further that the transport vehicles that are –
i) Two wheelers;
ii) Three wheelers;
iii) Quadricycles
iv) Four wheeled and used for carriage of passengers and their
luggage, with seating capacity not exceeding eight
passengers in addition to driver seat (M1 category) and not
exceeding 3500 kilogram gross vehicle weight.

v) Fire tenders
vi) Ambulances
vii) Police vehicles
viii) Verified and certified by a testing agency specified in rule
126 to have maximum rated speed of not more than 80
kilometer per hour.  Shall not be required to be equipped or fitted with speed governor
(speed limiting device or speed limiting function).

Further, the N1 and M2 categories of vehicles are exempted from the provisions of sub-rule (1) of rule 118 of Central Motor Vehicles Rules, 1989 for equipping or fitting with speed governor (speed limiting device or speed limitation function) by the vehicle manufacturers for a period from the date of publication of the notification i.e., from 1.10.2015 till the 1st day of April, 2016 or until further orders, whichever is earlier:

Provided further that transport vehicles, manufactured on or after 1st October, 2015 that are dumpers, tankers, school buses, those carrying hazardous goods or any other category of vehicle, as may be specified by the Central Government by notification in the Official Gazette from time to time, shall be equipped or fitted by the vehicle manufacturer, either in the manufacturing stage or at the dealership stage, with a
speed governor (speed limiting device or speed limiting function) having maximum speed of 60 kilometer per hour conforming to the Standard AIS 018/2001, as amended from time to time:

(2) The categories of transport vehicles registered on or before 1st Ocotober,2015 which are not already fitted with a speed governor (speed limiting device or speed limiting function) and are not covered under the first provision to sub-rule(1) above, that such transport vehicles shall be equipped or fitted by the operators of those vehicles on or before 1st April, 2016 with a speed governor (speed limiting device or speed limiting function), having maximum pre-set speed of 80 kilometer per hour or such lower speed limit as specified by the State
Government from time to time, conforming to the Standard
AIS:018/2001, as amended from time to time:

Provided that the categories of transport vehicles carrying
hazardous goods and those transport vehicles that are dumpers, tankers of school buses , registered prior to the 1st October,2015 and not already fitted with speed governor (speed limiting device or speed limiting function), shall be equipped of fitted by the operator of such vehicle with a speed governor (speed limiting device or speed limiting function) having maximum pre set speed 60 kilometer per hour or such
other lower speed limit as may be specified by the state Government, conforming to the standard AIS :018/2001, as amended from time to time.”

To achieve the above object, guidelines/instructions issued by the Government of India or the Government of Telangana from time to time in this regard shall be scrupulously followed.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
SUNIL SHARMA

PRINCIPAL SECRETARY TO GOVERNMENT

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