The Ministry of Road Transport and Highways, in a Gazette Notification dated 29th May, 2020 issued Draft Rules to further amend the Central Motor Vehicles Rules, 1989.
Some amendments are as follows –
| Rule | Principal Rules | Draft Rules |
| Rule 2 (e) | “Form” means a Form appended to these rules | “Form” means a Form appended to these rules including a corresponding electronic form made available on Portal. |
| Rule 5 sub-rule (1) | Every application for the issue of a learner’s licence or a driving licence or for making addition of another class or description of a motor vehicle to a driving licence or for renewal of a driving licence to drive a vehicle other than a transport vehicle shall be accompanied by a self-declaration as to the physical fitness as in Form 1 and every such application for a licence to drive a transport vehicle shall be accompanied by a medical certificate in Form 1-A issued by a registered medical practitioner referred to in sub-section (3) of section 8. | Every application for the issue of a learner’s licence or a driving licence or for making addition of another class or description of a motor vehicle to a driving licence or for renewal of a driving licence to drive a vehicle other than a transport vehicle shall include a self-declaration as to the physical fitness as in appended to Form 2 and every such application for a licence to drive a transport vehicle shall be accompanied by a medical certificate in Form 1-A issued electronically on the Portal by a registered medical practitioner referred to in sub-section (3) of section 8.
“Provided that every application for renewal of a driving license to drive a vehicle other than a transport vehicle shall be accompanied by a medical certificate in Form 1A issued electronically on the Portal by a registered medical practitioner referred to in sub-section (3) of section 8, in case the applicant has attained the age of forty years.” |
| Rule 5 sub-rule (3) | A medical certificate issued in Form 1-A shall be valid for a period of one year from the date of its issue. It shall be accompanied by a passport size copy of the photograph of the applicant. | A medical certificate issued in Form 1-A shall be valid for a period of six months from the date of its issue. To be submitted electronically on the Portal. |
| Rule 9 (Heading) | Educational qualifications for drivers of goods carriages carrying dangerous or hazardous goods. | Minimum training and language comprehension requirement for drivers of goods carriages carrying dangerous or hazardous goods. |
| Rule 9 sub-rule (2) | The holder of a driving licence possessing the minimum educational qualification or the certificate referred to in sub-rule (1), shall make an application in writing on a plain paper alongwith his driving licence and the relevant certificate to the licensing authority in whose jurisdiction he resides for making necessary entries in Ms driving licence and if the driving licence is in Form 7, the application shall be accompanied by the fee as is referred to in Serial No. 8 of the Table to rule 32. | The holder of a driving licence possessing the minimum educational qualification or the certificate referred to in sub-rule (1), shall make an application in writing on a plain paper alongwith his driving licence and the relevant certificate to any licensing authority in the State in which he resides for making necessary entries in Ms driving licence and if the driving licence is in Form 7, the application shall be accompanied by the fee as is referred to in Serial No. 8 of the Table to rule 32. |
| Rule 10 | Application for learners license. – An application for the grant of a learners license shall be made in Form 2 and shall be accompanied by,
(a) save as otherwise provided in rule 6, a medical certificate in [Form 1-A], (b) three copies of the applicants recent [passport size photograph], (c) appropriate fee as specified in rule 32, (d) in the case of an application for transport vehicle excluding E-rickshaw or E-cart, the driving license held by the applicant; (e) proof of residence, (f) proof of age, (g) proof of citizenship. |
Application for learners license. – An application for the grant of a learners license shall be made in Form 2 and shall be accompanied by the following documents and fees, submitted electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre-
(a) a medical certificate in Form 1A in case of an application for learner’s license to drive a transport vehicle, (b) three copies of the applicants recent [passport size photograph], (c) appropriate fee as specified in rule 32, (d) in the case of an application for transport vehicle excluding E-rickshaw or E-cart, the driving license held by the applicant; (e) proof of residence and age, (f) proof of age, (g) proof of citizenship. (h) in case of an application for a learner’s license to drive an adapted vehicle, a medical certificate in Form 1A along with a certificate of disability, if any. |
| Rule 13 | Form of learner’s licence.—Every learner’s licence issued by the licensing authority shall be in Form 3. | Form of learner’s licence.—
(1) Subject to Section 8(4), Every learner’s licence shall be issued electronically by the licensing authority in printable Form 3, immediately upon the successful satisfaction of the conditions prescribed under Rule 11.
(2) Pursuant to Section 8(6), learner’s license may be issued in electronic form by the licensing authority after verifying the identity of the applicant through e-signature as specified under the provisions of the Information Technology Act, 2000 or verified by any other mode of signature or verification as notified by the Central Government. |
| Rule 14 sub-rule (1) | (1) An application for a driving license shall be made in Form 4 and shall be accompanied by,
(a) an effective learners license to drive the vehicle of the type to which the application relates; (b) appropriate fee as specified in rule 32, for the test, or the subsequent test, as the case may be, of competence to drive for each class and for issue of licence; (c) three copies of the applicants recent passport size photograph; (d) save as otherwise provided in rule 6, a medical certificate in [Form 1-A]; (e) a driving certificate in Form 5 issued by the school or establishment from where the applicant received instruction, if any; (f) proof of residence; (g) proof of age; (h) proof of citizenship. |
(1) An application for a driving license shall be made in Form 4 and shall be accompanied by,
(a) an effective learners license to drive the vehicle of the type to which the application relates; (b) appropriate fee as specified in rule 32, for the test, or the subsequent test, as the case may be, of competence to drive for each class and for issue of licence; (c) three copies of the applicants recent passport size photograph; (d) save as otherwise provided in rule 6, in case of an application for license to drive a transport vehicle; (e) in the case of an application for driving license to drive a transport vehicle a driving certificate in Form 5 issued by the school or establishment from where the applicant received instruction, if any; (f) proof of residence and age; (g) proof of age; (h) proof of citizenship. |
| Rule 14 sub-rule (2) | (2) An application for an International Driving Permit shall be made in Form 4-A and shall be accompanied by
(a) valid driving license issued by the licensing authority under these rules; (b) appropriate fee as specified in rule 32; (c) three copies of the applicants recent passport photograph; (d) a medical certificate in Form 1-A; (e) valid proof of Indian Nationals; (f) valid proof of passport; and (g) valid proof of visa, wherever applicable. |
(2) An application for an International Driving Permit shall be made in Form 4-A electronically on a Portal, either accessed by the applicant himself or with the help of a Facilitation Centre, or otherwise and shall be accompanied by
(a) valid driving license issued by the licensing authority under these rules; (b) appropriate fee as specified in rule 32; (c) three copies of the applicants recent passport photograph; (d) a medical certificate in Form 1-A; (e) valid proof of Indian Nationals; (f) valid proof of passport; and (g) valid proof of visa, wherever applicable. |
| Rule 15 sub-rule (1) | (1) No person shall appear for the test of competence to drive unless he has held a learner’s licence for a period of at least thirty days. | (1) No person shall appear for the test of competence to drive unless he has held a learner’s licence for a period of at least thirty days, except in case of a test of competence required for renewal of driving license.
(1A) No person shall appear for the test of competence to drive an adapted vehicle unless he brings a duly registered adapted vehicle for the driving test. |
| Rule 18 sub-rule (1) | An application for the renewal of a driving license shall be made in Form 9 to the licensing authority having jurisdiction over the area in which the applicant ordinarily resides or carries on business and shall be accompanied by
(a) appropriate fee as specified in rule 32; (b) three copies of the applicants recent [passport size photograph], if renewal is to be made in Form 6, (c) the driving license, (d) the medical certificate in [Form 1-A].
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An application for the renewal of a driving license shall be made in Form 9 to any licensing authority in the State in which the applicant ordinarily resides or carries on business and shall be accompanied by
(a) appropriate fee as specified in rule 32; (b) three copies of the applicants recent [passport size photograph], if renewal is to be made in Form 6, (c) the driving license, (d) in the case of an application for renewal of license to drive a transport vehicle the medical certificate in Form 1A or in the case of an application for renewal of license to drive a non-transport vehicle if the applicant has attained the age of forty years.
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| Rule 18 sub-rule (3) | (3) Where the licensing authority renewing the driving license is not the licensing authority who issued the driving license the fact of the renewal shall be intimated to the licensing authority who issued the driving license :
Provided that in case the application is for issuance of a duplicate driving license which has been lost, torn or mutilated such that the identification or authenticity of the document cannot be reasonably established, the licensing authority receiving such application shall on confirmation from the original issuing authority, issue the duplicate driving license. Provided also that if such confirmation is not received within 60 days, duplicate license shall be issued, without waiting for the confirmation. |
(3) Where the licensing authority renewing the driving license is not the licensing authority who issued the driving license the fact of the renewal shall be intimated to the licensing authority who issued the driving license :
Provided that recording of the renewal of driving license on the Portal for driving license or the Portal for National Register of Driving License shall be deemed to be sufficient intimation to the licensing authority who issued the driving license for the purpose of sub-rule (3). (4) If the application for renewal of a driving license is made after the date of its expiry, the licensing authority shall not require an effective learner’s license to drive the vehicle of the type to which the application relates |
| Rule 34 sub-rule (2) clause (b) | 34. Trade Certificate. –
(b) invalid carriage |
34. Trade Certificate. –
(b) adapted vehicle |
| Rule 43 Sub-rule (1) | Register of trade certificate. –
(1) Every holder of a trade certificate shall maintain a register in Form 19 in duplicate which shall be in a bound book, with pages numbered serially. |
Register of trade certificate. –
(1) Every holder of a trade certificate shall maintain a register electronically in Form 19 on the Portal for motor vehicles. |
| Rule 43 Sub-rule (2) | (2) The particulars referred to in Form 19 except the time of return under column 7, shall be entered in the register before the commencement of each trip by the holder of the trade certificate or his representative and a duplicate copy of Form 19 made prior to the commencement of each trip shall be carried during the trip by the driver of the vehicle and shall be produced on demand by any officer empowered to demand production of documents by or under the Act. | (2) The particulars referred to in Form 19 except the time of return under column 7, shall be entered in the register before the commencement of each trip by the holder of the trade certificate or his representative and a printed copy of Form 19 made prior to the commencement of each trip shall be carried during the trip by the driver of the vehicle and shall be produced on demand by any officer empowered to demand production of documents by or under the Act. |
| Rule 43 Sub-rule (3) | (3) The holder of a trade certificate shall, at the end of a trip, fill in column 7 of Form 19 (both original and duplicate), and the register and the duplicate shall be open for inspection by the registering authority. | (3) Electronically, fill in column 7 of Form 19 (both original and duplicate), and the register and the duplicate shall be open for inspection by the registering authority. |
| Rule 49 | Registration records to be kept by the registering authority. – Every registering authority shall keep in Form 24 a permanent register of motor vehicles registered by it under section 41 and of motor vehicles of other States for which new registration marks are assigned by it under sub-section (2) of section 47 and shall also enter in such record under the respective registration numbers, all changes made with reference to the provisions of sub-section (10) or sub-section (14) of section 41,sub-section (5) of section 49, sub-section (6) of section 50, sub-sections (1),(2),(3) and (5) of section 51, sub-section (4) of section 52, orders of suspension under section 53 and order of cancellation under sections 54 and 55. | Registration records to be maintained by the registering authority.- Every registering authority shall electronically maintain in Form 24, a register of motor vehicles registered by it under section 41 and of motor vehicles of other States for which new registration marks are assigned by it under sub-section (2) of section 47 and shall also enter in such record under the respective registration numbers, of motor vehicles temporarily registered by it under Section 43 and shall also enter the temporary registration mark, all changes made with reference to the provisions of sub-section (10) or sub-section (14) of section 41, sub-section (5) of section 49, subsection (6) of section 50, subsections (1), (2), (3) and (5) of section 51, (1), (1A), (2) and (4) of section 52, orders of suspension under section 53 and order of cancellation under sections 54 and 55. |
| Rule 55 sub-rule (1) | (1) Where the ownership of a motor vehicle is transferred, the transferor shall report the fact of transfer in Form 29 to the registering authorities concerned in whose jurisdiction the transferor and the transferee reside or have their places of business. | (1) Where the ownership of a motor vehicle is transferred, the transferor shall report the fact of transfer in Form 29 to the registering authorities concerned in whose jurisdiction the transfer is effected. |
- In Rule 2 clause the following has been added –
- After clause (cc), clause (cd) has been added –
“(cd) “Facilitation Centre” means any physical facility which may be notified by the Central Government or a State Government or both as the case may be, containing necessary resources and authorized persons to facilitate access to and use of Portals by any person, either for a charge or otherwise.”
- After clause (x), clause (xa) has been added –
“(xa) “Portal” means a web and/or mobile based electronic system, notified, set up and maintained by the Central Government for carrying into effect all or any of the matters referred to under Section 211A, such as:
(i) facilitating licensing, registration, issuance of certificate of fitness and permits of motor vehicles;
(ii) recording of offences including compounding, impounding, making endorsements, suspension and revocation of licenses and registrations;
(iii) preserving, retaining and granting access to machine readable, printable, shareable, verifiable and secure electronic records;
(iv) for carrying out such other functions and for such purposes as may be notified by the Central Government or as prescribed by these rules.
Provided that the Central Government may notify different Portals for serving different functions.
Provided further that any reference to a Portal in any rule or notification shall be construed as a reference to the relevant notified Portal serving that function.”
- Rule 5, sub-rule (2) to be omitted and after sub-rule (3), the following sub-rule to be added –
“(4) Every medical certificate issued by a registered medical practitioner referred to in sub-section (3) of section 8 in Form 1A, shall only be issued electronically on the Portal.”
- After Rule 17, Rule 17A has been added – “17A. Permanently surrendering a class or classes of vehicles from the driving licence”. This rule is for permanent surrender of license of a class of vehicle (whether expired or effective) in case where a person holds license of different classes of motor vehicles. After making an application for surrender in 7 days the licensing authority will delete the class or classes of motor vehicle form the applicant license.
- Rule 18A has been introduced “18A. Issuance of duplicate driving licence” which deals with issuance of duplicate license by the licensing authority in cases where a license has been lost, torn or mutilated in such a way that it cannot be identified and its authenticity cannot be established. An application is needed to be made to the licensing authority upon which the duplicate license is issued if confirmation is not received within 60 days from the licensing authority.
- Two new provisions after Rule 48 have been added regarding registration of vehicles, “48A. Issue of certificate of registration for a motor vehicle whose body has been fabricated separately to the purchased chassis” and “48B. Production of vehicle at the time of registration”. 48B says that a vehicle is not needed to be produced before the registering authority for registration for the first time if it is a fully built motor vehicle but that vehicle can be randomly checked at the premises of the dealer.
- After Rule 53, 53A. Application for temporary registration and 53B- Issue of temporary certificate of registration has been added and they deal with temporary registration generated electronically by the registering authority along with requirements that need to be fulfilled by the owner.
- Under Rule 55 (Transfer of Ownership) sub-clause (3) the following has been inserted –
“(4) Recording of the transfer of ownership of any motor vehicle on the Portal for motor vehicles or the Portal for National Register of Motor Vehicles shall be deemed to be sufficient intimation to the original registering authority for the purpose of Section 50(7).”
- In addition to the above-mentioned, the Government has also directed State Governments to redirect users to any Portal maintained by the Central Government for filing different forms and documents, payment and other related work.
Source : Ministry of Road Transport and Highways
