Lok Sabha Question No. 183 (UNSTARRED), answered on 2023-07-20
Subject: Life of Vehicles
Ministry: ROAD TRANSPORT AND HIGHWAYS
Asked by: Dinesh Chandra Yadav

be pleased to state:

- (a)  whether  the  Government  has  amended  the  Motor  Vehicle  Act  for permitting the vehicles for driving only for 10-15 years;
- (b) if so, whether people's right of purchase and physical ownership of the vehicles is not being violated by this;
- (c)  whether  the  State  Governments  also  have  the  right  to  make amendments in the Motor Vehicle Act and if so, the details thereof; and
- (d)  whether  the  Government  is  aware  that  more  than  15  years  old vehicles are forcibly taken away by the Government and if so, the reasons
- therefor?

## GOVERNMENT OF INDIA

## MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

LOK SABHA UNSTARRED QUESTION NO. 183 ANSWERED ON 20 TH  JULY, 2023

## LIFE OF VEHICLES

183.  SHRI DINESH CHANDRA YADAV:

Will the Minister of ROAD TRANSPORT AND HIGHWAYS

सड़क परिवहन औि िाजमार्ग मंत्री

## ANSWER

THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS

(SHRI NITIN JAIRAM GADKARI)

(a) and (b) The Hon'ble National Green Tribunal (NGT), Delhi, vide its order dated 26-11-2014 passed in O.A. No. 21 of 2014 Vardhaman Kaushik & Ors V/s UOI & Ors, has banned all vehicles that are more than 15 years of age to ply in NCT of Delhi and vide its order dated 07.04.2015 passed in O.A. No. 21 of 2014 Vardhaman Kaushik & Ors V/s UOI,  directed that all diesel vehicles (heavy or light) which are more than 10 years old will not be permitted on the roads of NCR, Delhi. All the registering authorities in the states of Haryana, U.P. and NCT, Delhi would not register any diesel vehicle which is more than 10 years old. Petrol vehicles which are more than 15 years old and diesel vehicles that are more than 10 years old

shall not be registered in the NCR, Delhi. Further, the Hon'ble Supreme Court in WP No 13029/1985 (M.C Mehta vs. UOI),vide its order dated 29.10.2018, directed that all the diesel vehicles more than  10 years old and petrol vehicles more than 15 years old shall not  ply  in  terms  of  the  order  of  the  National  Green  Tribunal  dated 07.04.2015. The NGT order passed in O.A No. 21 of 2014 has been challenged by this Ministry  before  the  Hon'ble  Supreme  Court  as  Civil  Appeal  No.  66866688/2019 (Diary no. 8840 of 2019) with the prayer to exempt 10 year old diesel and 15 year old petrol non-transport category of M1 vehicles and Agricultural Tractors, Power Tillers, Construction Equipment and vehicles  used  by  the  Defence  Forces,  Central  Armed  Police  Forces (CAPFs),  State  Police  Organization  (SPOs),  Ambulances  and  School Buses from the ban imposed by the Hon'ble National Green Tribunal. (c) No, Sir. As per Allocation of Business Rules, 1961, Motor Vehicles Act, 1988 is administered by Ministry of Road Transport and Highways. (d) Extant instructions related to not permitting all Diesel vehicles more than 10 yrs. old and all Petrol vehicles more than 15 yrs. old to ply in NCR, flow from Hon'ble NGT's Order dated 26.11.2014 and 07.04.2015 vide OA No. 21 of 2014 in the matter of Vardhman Kaushik Vs Uol and Ors., which were  duly  upheld  in  terms  of  Hon'ble  Supreme  Court's  Order  dated 29.10.2018 in WP no. 13029/1985 in the matter of M.C. Mehta Vs. Uol and Ors.

On a related subject of scrapping of old vehicles, the Ministry of Road Transport  and  Highways,  Gol  vide  its  notification  GSR  653(E)  dated 23.09.2021  notified  the  Motor  Vehicles  (Registration  and  Functions  of

Vehicle  Scrapping  Facility)  Rules,  2021,  followed  by  Motor  Vehicles (Registration and Functions of Vehicle Scrapping Facility Amendment) Rules, 2022 notified vide GSR 695(E) dated 13.09.2022, under the Motor Vehicles Act, 1988.

Under Clause 3(f) of the above said Rules, the "End-of-Life Vehicles" have been defined as:

End-of-life  Vehicles"  means  all  vehicles  which  are  no  longer  validly registered or declared unfit through automated fitness centres or their registrations have been cancelled under Chapter IV of the Act or due to an Order of a court of law or are self-declared by the legitimate registered owner as a waste vehicle due to any circumstances as specified in these rules;

Clause (vi) of sub-Rule 1 under Rule 10 of the above referred rules reads as under:

"Vehicles impounded by an enforcement agency shall be handed over to the Registered Vehicle Scrapping Facility, if they meet the criteria for vehicles scrapping as provided under Rule 8."

Rule 8 inter-alia includes the following criteria related to scrapping of vehicles:

" (i). Vehicles which have not renewed their certification of registration in accordance with Rule 52 of the Central motor Vehicles Rules, 1989. (ii).  Vehicles  which  have  not  been  granted  a  certificate  of  fitness  in accordance with Rule 62 of the Central Motor Vehicles Rules, 1989. (iii).  Auctioned, impounded or abandoned vehicles by any enforcement agency. "

Commission for Air Quality Management vide letter No11011/07/2021/CAQM-VP-VOL-II/814(DT)  dated  25/05/2023  directed  that appropriate action may be initiated against all such End-of-Life Vehicles/ overaged vehicles either plying on roads or parked in public places in the NCT of Delhi, in pursuance of Hon'ble NGT's and Hon'ble Supreme Court's

Orders  referred  above  and  in  consonance  with  the  above  noted  rule provisions. Accordingly, Transport Department, GNCTD has initiated action against such End-of-Life Vehicles/ overaged vehicles on the directions of CAQM

in pursuance of Hon'ble NGT's and Hon'ble Supreme Court's Orders.

*****