The Central Motor Vehicles Draft Amendment Rules, 2021.

The Ministry of Road Transport and Highways vide its notification dated 25th February 2021 has issued the Draft Central Motor Vehicles Rules, 2021 to further amend the Central Motor Vehicles Rules, 1989.

Through this amendment a new rule 139B has been inserted which deals with Electronic Monitoring and Enforcement of Road Safety.

The electronic enforcement device used for issuance of a challan shall have an approval certificate signed by an appropriate police officer or designated authority certifying that the device is accurate and operating properly. The approval certificate must be renewed on a yearly basis.

The device shall be used to issue challan for the following offences:

  • Not driving within the prescribed speed limit (Section 112/183)
  • Stopping or parking vehicle at an unauthorised location (Section 122)
  • Safety measures for drivers and pillion riders (Section 128)
  • Wearing of protective headgear/ helmets (Section 129)
  • Jumping a red light, violating a stop sign, use of handheld communications devices while driving, passing or overtaking other vehicles in a manner contrary to law, driving against the authorised flow of traffic, 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)
  • Driving vehicle exceeding permissible weight (Section 194)
  • Driving without safety belt.

The payment of e-challan can be made electronically on an online portal specified by the State Government or using cash or electronic means at Traffic Police stations or at designated places as specified by the States.

The notice of offence shall be sent within 15 days of the occurrence of the offence. The electronic record collected by way of electronic monitoring should be stored for a minimum period of 30 days, and in the case where the electronic record relates to an offence, should be stored till the conclusion of proceedings initiated, including appeals.

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