TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2023

[Price: Rs. 1.60 Paise.

No. 152]

CHENNAI, WEDNESDAY, APRIL 26, 2023

Chithirai 13, Sobakiruthu, Thiruvalluvar Aandu–2054

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

III-1(a) Ex. (152)

[ 1 ]

HOME DEPARTMENT

THE CENTRAL MOTOR VEHICLES (SEVENTEENTH AMENDMENT) RULES, 2021.

[G.O. Ms. No.200, Home (Tr.V) , 26th April 2023, சித்திைர 13, ேசாபகிĉĄ,

திĉவள்čவர் ஆண்Ă-2054.]

No. SRO A-17(e)/2023.

G.S.R. 575(E). – Whereas the draft rules further to amend the Central Motor Vehicles Rules, 1989, were published,

as required under sub-section (1) of Section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notiﬁ cation of the

Ministry of Road Transport and Highways, Government of India, numbered G.S.R.136 (E), dated the 25th February, 2021

published in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (i), inviting objections and suggestions

from all persons likely to be affected thereby before the expiry of the period of thirty days from the date on which

copies of the Gazette containing the said notiﬁ cation were made available to public;

And, whereas, copies of the said Gazette notiﬁ cation were made available to the public on the 25th February, 2021;

And, whereas, the objections and suggestions received from the public in respect of the said draft rules have

been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by Section 136A read with Section 137 of the Motor Vehicles

Act, 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor

Vehicles Rules, 1989, namely:-

1. Short Title and Commencement. – (1) these rules may be called the Central Motor Vehicles

(Seventeenth Amendment) Rules, 2021.

(2) They shall come into force on the date of their publication in the Ofﬁ cial Gazette.

2. In Central Motor Vehicles Rules, 1989, after rule 167, the following rule shall be inserted, namely:–

“167A. Electronic Monitoring and Enforcement of Road Safety.– (1) The electronic enforcement device used

for issuance of a challan shall have an approval certiﬁ cate signed by a designated authority of the State Government

certifying that the device is accurate and operating properly and the approval certiﬁ cate shall be renewed on a yearly

basis.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Explanation.- (1) For the purpose of this rule, “electronic enforcement device” means a speed camera, closed-

circuit television camera, speed gun, body wearable camera, dashboard camera, Automatic Number Plate Recognition

(ANPR), weigh in machine (WIM) and any such other technology speciﬁ ed by the State Government.

(2) Body wearable camera may be worn by Police Ofﬁ cer, transport ofﬁ cial or any other ofﬁ cial authorized

by the State Government and such ofﬁ cer or ofﬁ cial shall notify to the offender that he is being recorded by the body

camera and similarly, dashboard camera may be placed on the dashboard of any police vehicle or in any other vehicle

as authorized by the State Government for enforcing the trafﬁ c rules and such ofﬁ cer or ofﬁ cial shall notify to the

offender that he is being recorded by the dashboard camera.

(2) State Governments shall ensure that appropriate electronic enforcement devices are placed at high-risk

and high-density corridors on National Highways and State Highways, and at critical junctions at least in major cities

with more than one million population (as per data available based on Million Plus Urban Agglomerations or Cities:

census of India 2011 or as per the latest census) including the 04 cities as speciﬁ ed in the table below, and the

electronic enforcement device shall be placed in such a manner so as not to cause any obstruction, line-of-sight issues

or interruption in trafﬁ c ﬂ ow –

TABLE

List of 04 Non-attainment/Million plus cities in Tamil Nadu under National Clean Air Programme (NCAP)

State/Union Territory

S.No.

City

Tamil Nadu (04)

97.

Thoothukudi

98.

Trichy

99.

Madurai

100.

Chennai*

*Million plus cities but not part of non-attainment cities

(3) For sub-rules (1) and (2), the footage from an electronic enforcement device having electronic stamp for

location, date and time, can be used to issue challan for the following offences, namely:–

(i) not driving within the prescribed speed limit (sections 112 and 183);

(ii) stopping or parking vehicle at an unauthorized location (Section122);

(iii) not undertaking Safety measures for drivers and pillion riders (Section 128);

(iv) not wearing protective headgear or helmet (Section 129);

(v) jumping a red light, violating a stop sign, using of handheld communications devices while driving, passing

or overtaking other vehicles in a manner contrary to law, driving against the authorized ﬂ ow of trafﬁ c, driving in any

manner that falls far below what would be expected of a competent and careful driver and where it would be obvious

to a competent and careful driver that driving in that manner would be dangerous (Section 184);

(vi) driving vehicle exceeding permissible weight (sub-section (1) of Section 194);

(vii) driving without safety belt (Section 194B);

(viii) contravention of rule 6 (pertaining to lane driving) of the Motor Vehicles (Driving) Regulations, 2017

(Section 177A);

(ix) Goods carriage carrying passengers (Section 66);

(x) contravention of rule 36 (pertaining to Registration plates) of the Motor Vehicles (Driving) Regulations,

2017 (Section 177A);

(xi) driving vehicle with load that extends beyond the sides of body or to the front or to the rear or in height

beyond the permissible limit [sub-section (1A) of Section 194];

(xii) failure to provide free passage to emergency vehicle (Section 194E).

(4) (a) State Governments shall ensure that appropriate warning signs are conspicuously placed before the

stretches monitored by electronic enforcement devices, notifying the public that such device is in use and the concerned

authorities shall ensure that physical markings, physical stop lines and pedestrian crossing are clearly marked on the

road.

(b) Appropriate ﬁ xed and dynamic speed limit signs may also be used to notify the speed limits on the

road sections during adverse weather conditions, such as rain, hail, foggy weather etc., as well as for indicating any

obstruction ahead in the route.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) (a) Body wearable cameras shall be explicitly used by the law enforcement ofﬁ cers, such as police and

transport Ofﬁ cials, while managing the trafﬁ c or carrying out any enforcement drive and such devices shall be used

to record the proceedings of an event, which can be used in the court as an evidence against the offending driver or

person and also ensure that the law enforcement ofﬁ cial has acted as per the provisions of law while penalising the

offending driver or person.

(b) Both the video and audio functions of the body camera shall be activated only when the law enforcement

ofﬁ cial is on duty and the ofﬁ cial shall notify the subjects that they are being recorded by the body camera.

(6) All challans issued under rule 167 in electronic form using auto-generation of challan through the electronic

monitoring and enforcement system shall be accompanied with the following information, namely:–

(i) clear photographic evidence highlighting the offence and the license plate of the vehicle;

(ii) measurement from the electronic enforcement device;

(iii) date, time and place of the offence;

(iv) notice specifying the provision of Act that has been violated;

(v) certiﬁ cate as per sub-section (4) of Section 65B of the Indian Evidence Act, 1872 (1 of 1872), which,–

(a) identiﬁ es the electronic record and describes the manner in which it was produced;

(b) gives such particulars of any device involved in the production of that electronic record as may be

appropriate for the purpose of showing that the electronic record was produced by a computer;

(7) Challans, under sub-rules (1) and (2), shall be issued in the name of the registered owner of the vehicle and

must be accompanied with a notice of offence in electronic form viz SMS or e-mail or in physical form.

(8) (a) The payment of the challan shall be made within the time period speciﬁ ed in the sub-rules (5), (6) and

(7) of rule 167.

(b) The payment of e-challan can be made electronically on an online portal speciﬁ ed by the State Government

or using cash or card at Trafﬁ c Police Stations or at designated places or the e-payment gateway of the e-challan system

as speciﬁ ed by States.

(9) The notice of offence shall be sent within ﬁ fteen days of the occurrence of the offence and the electronic

record collected by way of electronic monitoring should be stored till the disposal of challan and in the case where the

electronic record relates to an offence, should be stored till the conclusion of proceedings initiated, including appeals.

(10) In case the owner of the vehicle was not driving the vehicle at the time of offence, he may claim innocence

before the police ofﬁ cer or any ofﬁ cer authorised by the State Government, by providing appropriate proof that he was

not the driver at the time of the offence, or that another person was the driver at the time of the offence.”.

AMITVARADAN,

Joint Secretary.

[F.No.RT-16031/1/2021-T].

Note.– The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3,

sub-section (i) vide notiﬁ cation number G.S.R. 590(E), dated the 2nd June, 1989 and last amended vide notiﬁ cation number

G.S.R. 525(E), dated 2nd August 2021.

K. PHANINDRA REDDY,

Additional Chief Secretary to Government.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU