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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 544] NEW DELHI, FRIDAY, DECEMBER 10,1982/AGRAHAYAN 19, 1904

Separate Paging is given to this Part in oder that It may be filed as a separate

compilation

1067 GI/82

(I)

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MINISTRY OF SHIPPING AND TRANSPORT

(Transport Wing)

NOTIFICATION

New Delhi, the 10th December, 1982

S.O. 846(E).—Whereas the draft rules in exer- cise of the powers conferred by sub-section (1) of section 69 (B) of ihe Motor Vehicles Act, .1939 (4 of 1939) were published as required by sub-section (1) of section 133 of the said Act in the Gazette of India Part II, Section 3, Sub-section (ii), dated 1st October, 1982, under notification of the Government of India in the Ministry of Shipping and Transport (Transport Wing) TW|TGM (26)182 S.O. No. 706 (E), dated 1st October, 1982, inviting objections and suggest- ions from all persons likely to be affected thereby, before the expiry of a period of 30 days from the date of publication of the said notification in the official Gazette.

And whereas, the said Gazette was made avail- able to the public on the 1st day of October, 1982.

And whereas, objections or suggestions received

in matter have been considered.

Now, therefore, in exercise of the powers con- ferred by section 69B of the Motor Vehicles Act, 1939 (4 of J 939) read with section 22 of the general claut.es Act 1897 (X of 1897). the Central Government hereby makes the following rules :—

1. Short Title, Extent and Commencement.— (1) These rules may be called overall Dimen- sions of Transport Vehicles and tyres Rules, 1982.

(2) They shall come into force on the date of

their pubulication in the Official Gazette.

2. Definition.—In these rules, unless there is •anything repugnant in the subject or context :—

(i) "Act" means the Motor Vehicles Act,

1939 (4 of 1939).

(ii) The words and expressions used, but not defined in these rules, but delined in Motor Vehicles Act, 193*), shall have the meanings assigned to them in that Act.

3. Overall width of mo'or vehicles.—(1) The overall width of every otor vehicle measured at right angles to the axis of the motor vehicle bet- ween perpendicular planes enclosing the extreme points shall not exceed,—

(i) in the case of any motor vehicle exclu- ding a public service vehicle or a trans- port vehicle but including a motor cab, 2.2 metres;

(ii) in the case of a. public service vehicle or a transport vehicle other than a motor cab, 2.5 metres.

Provided that in the case of a tractor not used for towing trailers carrying goods or passengers the overall width mav extend to 2.7 metres :

Provided further that if the State Government is satisfied that a particular vehicle or class of vehicles having overall width in excess of the width specified in this sub-rule is found suitable for carrying out any work of public purpose, the State Government may, by notification in the offi- cial gazette, exempt from the provisions of this rule such a vehicle or class of vehicles either generally or in such area or areas on such route or routes and subject to such conditions, if any, as may be specified in the notification.

Explanation.—For the purpose of this rule, a driving mirror or a direction indicator, when in operation, shall not be taken into consideration in measuring the overall width of a motor vehicle.

(2) Notwithstanding anything in sub-rule (1),— (a) the Chairman, State Transport Authority may authorise the use of a motor vehicle other than a transport vehicle but including z motor cab with overall width upto 2.5 metres-

(b) The Regional Transport Authority or the State Transport Authority, as the ease may be, or the Chairman ol that authority, if authorised in this behalt by that authority, may authorise the use of transport vehicles hav ng an overall width exceeding 2.5 metres but not exceeding 2.7 metres on a .specified route or routes or jn a specified area within the State;

(c) Where a transport authority takes action under this su-rule, it shall enter in the certificates of registration of the vehicle particulars of the route or routes on v\!ii'.\'i or the area in which the vehicle may be used.

4. Overall length of motor vehicles.—(1) The overall length ot every motor vehicle other than a trailer shall not exceed,-—•

(i) in the case of any motor vehicle other than a transport vehicle or a public ser- vice vehicle, having not more than 2 axles, 9.5 metres;

(ii) in the case of a transport vehicle or a public service vehicle, having two or more axles, 11 metres.

(iii) in the case of an articulated vehicle having more than two axles, 16 metres;

(iv) in the case of truck trailer combinations,

18 meters.

Provided that in such areas or on such routes as the State Government may specify in this behalf, an overall length of a public service vehicle may exceed 11 metres but shall not exceed J2 metres ;

Provided further that if the State Government is satisfied that a particular vehicle or class of vehicles having overall length in excess of the length specified in this sub-rule is found suitable for carrying out any work of public purpose, the State Government may, by notification in the official gazette, exempt from the provisions of this sub-rule vehicle or class of vehicles either generally or in such area or areas or on such route or routes and subject to such conditions, if any, as may be specified in the notification:

Provided also that the regional Transport Autho- rity or the State Transport Authority, or its Chairman, if authorised in this behalf by the Regional Transport Authority or State Transport Authority as the case may be may authorise the use of a transport vehicle other than the articulated vehicle having an overall length exceeding 11 metres but not exceeding 16 metres on a specified route or routes, or in a specified area within the State. Where a Transport Authority takes action accordingly, it shall enter in the certificate or re- gistration of the vehicle the route or routes .on which of the area in which the vehicle may be used.

(2) In the case of an articulated vehicle or a tractor trailer combination specially constructed and used for the conveyance of indivisible loads of exceptional length,—

(i) if all the wheels of the vehicle are not

fitted with pneumatic tyres, or

(ii) if all the wheels of the vehicle are not fitted with pneumatic tyres so long as the vehicle is not driven at a speed ex- ceeding twentyfive kilometres per hour, the overall length may~ extend upto 18 metres.

Explanation.—In this rule, "overall length" means the length of the vehicle measured between parallel planes passing through the extreme pro- jection points of the vehicle exclusive of—

(i) . any starting handle;

(ii) any hood when down;

(iii) any ladder forming part of a turn table

fire-escape fixed to a vehicle;

(iv) any post office letter box the length of which measured parallel to the axis of the vehicle does not exceed 30.5 centi- metres;

(v) any ladder used for leading or unloa- ding from the roof of the vehicle, or any tail or indicator lamp or number plate fixed to a vehicle;

(vi) any spare wheel or spare wheel bracket

or bumper fitted to a vehicle;

(vii) any towing hook or other fitment which does not project beyond any fitment covered by clauses (iii) to (vi) of this sub-rule.

5. Overall height of motor vehicles—(1) The overall height of a motor vehicle other than a double-decked motor vehicle measured from the surface on which the motor vehicle rests shall not exceed 3.8 metres.

(2) The overall hsight of a double-decked

motor vehicle shall not exceed 4.75 -metres;

(3) The overall height of the laden trailer when carrying ISO series I Freight Container shall not exceed 4.2 metres.

(4) This rule shall not apply to fire-escapes town-wagons and other special purpose vehicles exempted by the general or special order of the registering authority.

6. Overhang of motor vehicles —(1) The overhang of a tractor shall not exceed 1.85 metres.

(2) The overhang of a motor vehicle other than a tractor shall not exceed sixty percent of

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the distance between the plane perpendicular to the axis of the motor .vehicle which passes through the centre or centres of the front wheel or-wheels and the foremost vertical plane from which the overhang is to be measured as defined in sub-rule (3);

Provided that the State Government mav exempt from the provisions of sub-rule any motor vehicle or class of motor vehicles in such area or areas or on such route or routes and subject to such conditions, if any, as may be specified in the order, if it is satisfied that such vehicle or class of vehicles having an overhang in excess of that specified in this sub-rule can be used in a public place without any danger to public safety.

(3) For the purposes of this rule, "overhang" means the distance measured horizontally and parallel to the ' longitudinal axis of the vehicle between two vertical planes at right angles to such axis passing through the two points speci- fied in paragraphs I and II of this definition, res- pectively.

1. The rearmost point of the vehicle exclusive

of —

(i) any hood when down;

(ii) any post office letter-box, the length of which measured parallel to the longitu- dinal axis of the vehicle, does not exceed thirty centimetres;

(iii) any ladder forming part of a turntable

fire-escape fixed to a vehicle;

(iv) any ladder used when the vehicle is at rest for loading or unloading from the roof of the vehicle, or any tail lamp or number plate fixed to a vehicle;

(v) any spare wheel or spare wheel bracket

fitted to a vehicle;

(vi) any luggage carrier fitted to a motor vehicle , constructed solely for carriage of passengers and their effects and ad- apted to carry not more than seven passengers exclusive of the driver;

(vii) any towing hook or other fitment which does not project beyond any fitment mentioned in clauses (ii) to (vi) above;

Provided that, in the'case of a stage carriage —

(a) the projection of any bumper or adver- tisement panel fitted at the rear of the vehicle shall not exceed 15 centimetres: and

(b) the projection in respect of an adver- tisement panel shall not be such as to obstruct either the vision from the rear view mirror or project through the emergency exit at the rear or both.