Lok Sabha Question No. 3693 (UNSTARRED), answered on 2016-12-08
Subject: Commercial and Old Vehicles
Ministry: ROAD TRANSPORT AND HIGHWAYS
Asked by: NANABHAU FALGUNRAO PATOLE

be pleased to state:

(a) whether the Government proposes to provide facility of measuring degree of pollution and the weight of commercial vehicles near the toll tax on National Highway, if so, the details thereof;

(b)  the  provision  for  action  against  commercial  vehicles  found  having  more  weight  than  prescribed criterion and also causing pollution thereto;

(c) the details of the ban on old vehicles for spreading more pollution; and

(d) the action taken by the Government in this regard?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

## (SHRI MANSUKH L. MANDAVIYA)

(a) NHAI is in the process of installing  Weigh in Motion (WIMs) / Automatic Vehicle Classifier (AVCs)  of  the  toll  plazas  on  National  Highways  across  the  country  through  Indian  Highways Management Company Limited (IHMCL). No proposal for providing facility of measuring degree of pollution of commercial vehicles near toll tax on National Highways is under consideration.

(b) As per National Highway Fee Rules 2008 as amended:

'Without prejudice to the liability of the driver or owner or a person in charge of a mechanical vehicle under any law for the time being in force, a mechanical vehicle which is loaded in excess of permission load specified for its category under sub-rule (2) of rule 4, shall not be permitted to use the National  Highways  or  crossing  the  toll  plaza  until  the  excess  load  has  been  removed  from  such mechanical vehicle.

The driver or owner or a person in charge of a mechanical vehicle shall be liable to pay fee for entering the overloaded vehicle on the national highway to the toll collecting agency, equal to ten times of the fee applicable to such category of mechanical vehicles under sub-rule (2) of rule 4.'

Provisions  regarding  offence,  penalties  and  procedure  for  driving  vehicle  which  violates  the standards prescribed in relation to control of noise and air-pollution are contained in sub-section (2) of section 190 of the Motor Vehicles Act, 1988.

## GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

## LOK SABHA

## UNSTARRED QUESTION NO. 3693

ANSWERED ON 8 TH  DECEMBER, 2016

## COMMERCIAL AND OLD VEHICLES

## 3693.   SHRI NANA PATOLE:

## Will the Minister of ROAD TRANSPORT AND HIGHWAYS

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(c) As  per  the  Motor  Vehicles  Act,  1988  (MV  Act)  the  registration  of  non-transport  (private) vehicles shall be for a period of 15 years from the date of its initial registration and thereafter shall be renewable  for  a  period  of  5  years  subject  to  the  fitness  of  the  vehicle.  For  a  transport  vehicle,  a certificate of fitness granted under section 56 of MV Act shall be granted or renewed for two years in respect of new vehicles and shall be subsequently renewed for one year at a time. As per rule 88 of the Central Motor Vehicles Rule, 1989(CMVRs), no national permit shall be granted in respect of goods carriage, other than multi axle vehicle, which is more than 12 years old at any point of time. For multi axle goods carriage vehicle, the vehicle should not be more than 15 years old and in respect of multi axle trailer approved to carry Gross Vehicle Weight of more than 50 tons, the vehicle should not be more than 25 years old. As per rule 82(2) of CMVRs, a tourist permit shall be deemed to be invalid from the date on which the motor vehicle covered by the permit completes 9 years in the case of motor cabs and 8 years where the motor vehicle is other than a motor cab. For certain states, the Hon'ble National Green Tribunal (NGT) has imposed a ban on all diesel vehicles older than 10 years.

(d) The concept note on 'Vehicle Fleet Modernization Programme' to enable the replacement of Old Heavy and Medium Commercial Vehicles as they contribute the maximum of vehicular pollution was placed  on  Ministry's  official  website  for  information  and  comments  from  concerned  Ministries  and Departments  and  other  stakeholders.  It  has  been  decided  to  refer  the  issue  for  consideration  by Committee of Secretaries.

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