The Ministry of Road Transport and Highways (“Ministry”) has, through a Gazette Notification dated 26th November 2020, introduced Draft Central Motor Vehicles (……Amendment) Rules, 2020 (“Draft Rules”) to further amend the Central Motor Vehicles Rules, 1989 (“Principal Rules”).
The Ministry has invited objections and suggestions to these draft rules, if any, which may be sent to the Joint Secretary (MVL), email: director-morth@gov.in , Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001, by 26th December 2020.
The proposed amendments are as under:-
| Principal Rules | Draft Rules | Implication |
| Rule 55: Transfer of ownership
2.An application for the transfer of ownership of a motor vehicle under sub-clause (i) of clause (a) of sub-section (1) of section 50 shall be made by the transferee in Form 30, and shall be accompanied by- (i)..(iii) |
Rule 55: Transfer of ownership
2.An application for the transfer of ownership of a motor vehicle under sub-clause (i) of clause (a) of sub-section (1) of section 50 shall be made by the transferee in Form 30, and shall be accompanied by- (i)..(iii)
(iv) proof of identity of nominee, if any |
The Draft Rules proposes that an additional clause may be inserted wherein “proof of identity of nominee, if any” to enable the owner to nominate anyone to be the legal heir of the vehicle in case of death.
|
| Rule 56: Transfer of ownership on death of owner of the vehicle
(3) N.A. |
Rule 56: Transfer of ownership on death of owner of the vehicle
(3) Notwithstanding anything contained in this rule shall apply in case where the nominee has been specified by the registered owner of the vehicle: Provided that the nominee shall inform any registering authority in the state of his residence or place of business through the portal and apply for a fresh certificate of registration in his/her name electronically. |
The Draft Rules proposes that in case where the nominee is already specified, the vehicle will be transferred in the name of nominee and nominee will have to apply for a new certificate of registration in his name through the portal. |
| Rule 57: Transfer of ownership of vehicle purchased in public auction
(1)The person who has acquired or purchased a motor vehicle at a public auction conducted by or on behalf of the Central Government or a State Government shall make an application in Form 32 within thirty days of taking possession of the vehicle to the registering, authority accompanied by:
(a)…(e)
(f) NR
|
Rule 57: Transfer of ownership of vehicle purchased in public auction
(1)The person who has acquired or purchased a motor vehicle at a public auction conducted by or on behalf of the Central Government or a State Government shall make an application in Form 32 within thirty days of taking possession of the vehicle to the registering, authority accompanied by:
(a)…(e)
(f) proof of identity of nominee, if any |
The Draft Rules proposes that an additional clause may be inserted wherein “proof of identity of nominee, if any” to enable the owner to nominate anyone to be the legal heir of the vehicle. |
Amendment of FORM 20, Form 23 A, 24, 30, 31 and 32 has also been proposed for amendment to include details of the nominee and the declaration from the registered owner for entering the details of the nominee.
Source: Ministry of Road Transport and Highways
