RTO Vadodara
http://www.rtovadodara.gujarat.gov.in

CHAPTER IV (REGISTRATION OF MOTOR VEHICLES)

12/19/2014 5:24:10 PM
CHAPTER – IV The Registering authority shall be:-
 
(i) for the Districts of Ahmedabad and Gandhinagar, the Regional Transport Officer, Ahmedabad.
(ii) for the Districts of Bhavnagar and Amerli (excluding taluka of Kodinar), the Regional Transport Officer, Bhavnagar;
(iii) for the district of Kutch, the Regional Transport Officer, Bhuj.
(iv) for the districts of Panchmahals and Dahod, the Regional Transport Officer, Godhara;
(v) for the district of Jamnagar, the Regional Transport Officer, Jamnagar.
(vi) for the districts of Junagadh and Porbandar, the Regional Transport Officer, Junagadh;
(vii) for the districts of Mehsana and Patan, the Regional Transport Officer, Mehsana;
(viii) for the districts of Kheda and Anand, the Regional Transport Officer, Nadiad.
(ix) for the district of Banaskantha, the Regional Transport Officer, Palanpur.
(x) for the district of Rajkot and Surendranagar, the Regional Transport Officer, Rajkot;
(xi) for the district of Surat, the Regional Transport Officer, Surat;
(xii) for the district of Vadodara, Bharuch and Narmada, the Regional Transport officer, Vadodara;
(xiii) for the district of Valsad, Navsari and Dangs, the Regional Transport officer, Valsad.
(xiv) for the district of Sabarkantha, the Regional Transport officer, Himatnagar.
(xv) for the district of Amreli the Assistant Regional Transport Officer, Amreli.
(xvi) for the district of Bharuch, the Assistant Regional Transport Officer, Bharuch
(xvii) for the district of Gandhinagar, the Assistant Regional Transport officer, Gandhinagar.
(xviii) for the Taluka of Bardoli, Vyara, Songadh,Uchchhal, Nizar, Mahuwa, Valod, Palsana and Kamrej, of Surat District, the Assistant Regional Transport Officer, Bardoli.
(xix) for the district of Surendranagar, the Assistant Regional Transport Officer, Surendranagar.
(xx) for the district of Dahod (excluding Taluka of Devgadh Baria), the Assistant Regional Transport Officer, Dahod;
(xxi) for the district of Navsari, the Assistant Regional Transport Officer, Navsari.
(xxii) for the district of Narmada, the Assistant Regional Transport Officer, Narmada.
(xxiii) for the district of Anand, the Assistant Regional Transport Officer, Anand.
(xxiv) for the district of Patan, the Assistant Regional Transport Officer, Patan.
(xxv) for the district of Porbandar, the Assistant Regional Transport Officer, Porbandar.
 
REGISTRATION OF MOTOR VEHICLES
 
Registering Authority:
 
Appellate Authority
 
  1. The authority empowered to hear appeals against any appealable order other than and under Chapter III of Central Motor Vehicle Rules, 1989, passed by a registering authority under Chapter IV of the act shall be, commissioner of Transport or Director of Transport as the case may be.
  2. The authority to hear appeals against any order under section 53, passed by any other authority prescribed under rule 42 shall be, the registering authority having jurisdiction in the area in which the order was passed.
  3. The authority to hear appeals against any appeal able order passed by an Inspector of Motor Vehicles or an authorized testing station under section 56 in respect of a certificate of fitness shall be, the registering authority having jurisdiction in the area in which the order was passed. The other authority to suspend certificate of registration under section 53, shall be:-
 
The other authority to suspend certificate of registration:
 
  • any police officer not below the rank of an Sub-Inspector of Police.
  • any officer of the Motor Vehicle Department, of and above the rank of an Assistant Inspector of Motor Vehicles. : The fees to be paid under Chapter IV of the Act shall be:-
 
Fees payable under Chapter IV of the Act.
 
  1. In respect of an appeal under sub-rule (1) of rule 41, one hundred rupees.
  2. In respect of each copy of any document under sub-rule (2) and sub-rule (3) of rule 58, forty five rupees
  3. In respect of facility provided under rule 46, fifty rupees per motor vehicle.
  4. In respect of extension of validity of certificate of fitness under sub-rule (2) of rule 51, one hundred rupees.
  5. In respect of certificate of temporary registration or each of its extension thereof under sub-rule (1) of rule 52, One hundred rupees.
  6. In respect of duplicate copy of certificate of temporary registration, fifty rupees.
  7. In respect of duplicate copy of certificate of fitness, half of the fee mentioned in serial no.11 of Table annexed to rule 81 of the Central Motor Vehicle rules, 1989.
  8. In respect of each copy of particulars of registration of each vehicle under rule 59, forty five rupees.
  9. In respect of notice of alteration in motor vehicles under rule 53, One hundred rupees.
 
Exemption from payment of fees :
 
(1) The State Government may, if it is of opinion that it is in the public interest so to do, by general or special order exempt, totally or partially, any Government Department, local authorities, associations or bodies of individuals, from payment of the fee payable for copies of particulars of registration under rule 43.
 
(2)
 
(a). Such foreign consular officers as have been notified by a general or special order of the State Government in respect of motor vehicles belonging to them.
(b) the owners of:-
(i) tractors intended to be used solely for agricultural operation.
(ii) motor ambulances intended to be used solely for the conveyance of the sick, or injured and other motor vehicles designed and intended to be used exclusively for affording free medical and other relief.

(c) The technical Co-operation Mission of the United States of America or its field personnel in respect of motor vehicles belonging to that Mission and assigned to its field personnel for their official use in the State of Gujarat.
(d) The United Nations Agencies and organizations, in respect of motor vehicles belonging to them.
(e) The American Peace Corps Volunteers, in respect of their official motor vehicles used in the Corps programmes and projects.
(f) Co-operative for American Remittance (to Europe) INC, in respect of motor vehicles belonging to the said organization and intended to be used in the State of Gujarat in connection with the work providing food and other urgently needed commodities.
 
shall be exempted from payment of fees payable under sub-section (2) and sub-section (9) of section 41.For the purpose of this rule, the expression "Agricultural Operation" means tilling, sowing, harvesting or crushing of agricultural produce, or any other similar operation carried out for the purpose of agriculture, but does not include the transportation of persons or materials for the purpose of agriculture or the transportation of agriculture produce
 
Explanation:
 
(3) The Government of Gujarat or any other Government, in respect of motor vehicle belonging to it, shall be exempted from payment of fees payable under chapter IV of the Act. The amount payable by any person in lieu of action for failure to make an application under sub-section (1) or, as the case may be under sub-section (8) of section 41, or failure to make an application under sub-section (1) of section 47, or failure to intimate under sub-section (1) of section 49, or failure to report or apply under clause (a) or clause (b) of sub-section 50 shall be one hundred rupees. The registering authority shall communicate with another registering authority in Form R.COM. for the purpose of intimating
 
Amount in lieu of action for certain failures :
 
Form of communication:
 
  • The renewal of certificate of registration, under sub-section(10) of section 41, or
  • the transfer of the registration of the vehicle, under sub-section (2) of section 47, or
  • the change of address, under sub-section (6) of section 19, or
  • the transfer of ownership, under sub-section (7) of section 50, or
  • the alteration in a vehicle, under sub-section (5) of section 52, or
  • the suspension of registration, under sub-section (3) of section 53, or
  • the report of theft of the vehicle, under sub-section (6) of section 48.
  • the entry of hire-purchase/lease/hypothecation or the termination of such entry under section 51, or
  • the issue of fresh certificate of registration, under sub-section (5) of section 51.
 
Communication with the financier:
 
  1. Where a motor vehicle is held under hire-purchase, lease or hypothecation agreement, the financier shall furnish his full name and address in the forms prescribed under the Act relating to such agreement.
  2. The registering authority shall communicate with a financier in Form F.COM (Part-I) or in Form F.COM (Part-II) as the case may be, for the purpose of intimations required under chapter-IV of the Act or the rules made thereunder :
 
Facilities to be provided to certain persons for registration of motor vehicles:
 
(1) Any person who is a owner, dealer or manufacturer requiring the service of an Inspector of Motor Vehicles for inspection of Motor Vehicles for the purpose of :-
(i) Fresh registration or renewal of registration under section 41, or
(ii) Assignment of a new registration mark under section 47 or
(iii) Recording the alteration in the vehicle under section 52 or
(iv) Renewal of certificate of fitness at the place other than the office of the registering authority, may apply to the registering authority for such services.
 
(1) The registering authority may depute an Inspector of Motor Vehicles at any place, time and date specified in the application or at any other place, time and date demand proper by it if the number of motor vehicles to be so inspected exceeds twenty and the fee prescribed under rule 43 is paid:
 
Provided that the registering authority shall not depute an Inspector of Motor vehicles if the number of motor vehicles to be inspected is less than twenty unless the minimum fee for twenty vehicles for each such place inspection is paid. Where a registering authority register a motor vehicle in respect of which an order or a notification, exempting such motor vehicle from any of the provisions of rules made under Chapter VII of the Act, has been issued, the registering authority shall record the particulars in brief, of such exemption in the certificate of registration and its records of registration. The registration mark displayed on the motor vehicle by the registered owner shall be got approved by the registering authority within thirty days of the assignment of such registration mark.
 
Recording the particulars of exemption:
 
Approval of the plate bearing registration mark :
 
Provided that no approval shall be granted unless the registration mark is displayed on both the sides of transport vehicle in two lines in the dimensions prescribed by rule 51 of the Central Motor Vehicles Rule, 1989.
 
Particular to be exhibited on transport vehicles:
 
(1) The particulars to be exhibited on the left hand side of transport vehicle shall be:-
(a)  in the case of motor cabs and maxi cabs,
(i)  the number of passenger permitted to be carried.
(ii) the minimum fares chargeable and.
(iii) the rate of fares

(b)  in the case of other transport vehicles:
(i) the chassis number
(ii) the unladen weight denoted by U.W.
(iii)  the gross vehicle 3weight denoted by G.V.U.
(iv) the registered front axle weight denoted by F.A.W.
(v) the registered rear axle weight denoted by R.A.W.
(vi) the registered axle weight of each intermediate axle, if any, denoted by M.A.V.
(vii) the number of passenger if permitted to be carried, denoted by Pass.
(viii) the number size and ply rating of tyres on each axle denoted by Front, Rear and Middle.
 
(2)  The name and address of the registered owner, shall be exhibited on both sides of every transport vehicles, as required by section 84.
 
(3) The letters and figures of the particulars to be exhibited under sub-rule (1) shall not be less than 20mm in height.
 
Issue, renewal and cancellation of certificate of fitness:
 
  1. Certificate of fitness may be issued or renewed by Inspector of Motor Vehicles or authorized testing station, subject to the general control and direction of the appropriate registering authority.
  2. An application for the issue or renewal of certificate of fitness shall be made in Form C.F.A. to the Inspector of Motor Vehicles or the authorized testing station, in whose jurisdiction the vehicle is normally kept, and shall be accompanied by the fees prescribed under the Central Motor there Vehicles Rules, 1989.
  3. There shall not be more than one certificate of fitness in respect of any vehicle
  4. The authority empowered to cancel the certificate of fitness under the provisions of sub-section (4) of section 56 shall be the Inspection of Motor Vehicles.
  5. The authority canceling a certificate of fitness shall give the owner or other person in charge of the vehicle, the reasons in writing, for such cancellation and shall make a report of his action and forward the certificate to the registering authority under whose direction and control he may be. After the authority has cancelled the certificate of fitness, such authority may, by endorsing in Form C.F.X. specify the time within which and the conditions subject to which the vehicle may be driven to a specified destination for the purposes of repair.
  6. Nothing in sub-rule (5) shall debar the owner or the person in charge of the vehicle, the certificate of fitness of which has been cancelled, from applying at any time for the restoration of the certificate of fitness if the vehicle has been repaired in a such a manner that all the requirement of the Act and the rules made there under are complied with. If such a vehicle is inspected and passed within thirty days of the date of cancellation of the certificate of fitness but before the day of expiry specified in such certificate, the certificate shall be resorted to its original date of expiry. If, however, the vehicle is brought for inspection at any other time a fresh certificate of fitness will be required, in which case the fees prescribed by the Central Government for the issue of certificate of fitness shall be changed.
  7. While inspecting a motor vehicle for the purpose of issue or renewal of certificate of fitness, the Inspector of Motor Vehicle or the authorized testing station shall fill in Form M.V.INS. in duplicate and shall deliver the duplicate copy to the applicant, on completion of the inspection. The Inspector of Motor Vehicles or the authorized testing station, as the case may be, shall also obtain legible, pencil impression of chassis number of the vehicle so inspected, on the original copy.
 
Extension of validity of certificate of fitness:
 
  1. If, owing to mechanical breakdown or other cause a motor vehicle is, after the expiry of the certificate, outside the area in which the Inspector of Motor Vehicle by whom the certificate is to be renewed has jurisdiction, Inspector of Motor Vehicles may, on an application made to him and, without prejudice to any penalty to which the owner or driver may have become liable, if the vehicle is in his opinion fit for use, by endorsement in Form C.F.Sub. and subject to such conditions as he may specify, extend the validity of certificate of fitness for its continued use for such time as may reasonably be necessary for the vehicle to return to the area of the authority by which the certificate should be renewed and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after its return to that area until the certificate has been renewed.
  2. The fee for the grant of such extension under sub-rule(1) shall be as prescribed under rule 43.
  3. If a vehicle is damaged at any time so as to be unfit for ordinary use and my in the opinion of any Inspector of Motor Vehicles safely be driven at a reduced speed to a place of repair, and if the Inspector of Motor Vehicles is satisfied that it is necessary that the vehicle should be so driven, the Inspector of Motor Vehicle may by endorsement in Form C.F.X specify the time within which, and the conditions subject to which the vehicle may be driven to a specified destination for the purposes of repair and the limit o speed beyond which it shall not be driven.
 
Grant of temporary registration:
 
  1. An application for a certificate of temporary registration or extension of period of validity thereof shall be made in Form C.R.Tem.A. and shall be accompanied by:-
  2. A certificate of temporary registration shall be in From C.R. Tem.
    (a) Original sale certificate in Form 21, alongwith its copy.
    (b) Appropriate fee as specified in rule 43.
    (1A) The original sale certificate shall be endorsed with an inscription "Temporary registration make………. assigned", by registering authority and shall be returned to the applicant after verification of its contents.
    (1B) The period of extension of validity shall not be granted more than one month at ay one time.
  3. The other authority for the purpose of section 43 in respect of motor vehicles manufactured by them, shall be, an officer of :-
    (i) Gujarat tractors Corporation Ltd.
    (ii) Gujarat Narmada Auto Ltd.
    (iii) Hindustan Motors Ltd.
    (iv) General Motors India Ltd.

    Provided that the power conferred by this sub-rule shall not be exercised unless the name of the officer is approved by the Commissioner of Transport or Director of Transport as the case may be, in waiting in this behalf and unless the vehicle is proceeding immediately for registration to a place outside the region.

    (1) The other authority for the purpose of section 43 shall be a dealer engaged in the sale of motor vehicles having dealership of manufacturers and having aggregate sale of vehicles not less then 1000 in year and having been authorized by the Director of Transport / Commissioner of Transport in this behalf.
  4. (i) The temporary registration make to be assigned by any registering authority specified in the first column of the third Schedule to these rules, shall be as set forth in the corresponding entry in the second column thereof.
    (ii) The temporary registration mark to be assigned by the other authority prescribed under sub-rule(3), shall be from among a block of registration marks allotted by the respective registering authority from among those assigned to it in the Third Schedule aforesaid.
  5. The authority granting a certificate of temporary registration shall assign a temporary registration mark to the vehicle and the owner shall cause the said mark to be displayed to the front and rear of the vehicle in the prescribed manner.
  6. The records of the other authorities prescribed under sub-rule(3) which are maintained by them for the purpose of issue of certificate of temporary registration shall be open for inspection at all reasonable times, by any officer of the Motor Vehicle Department.
 
Notice of alteration in a Motor Vehicle:
 
  1. For the purpose of sub-section (1) of section 52, a notice of proposed alternation shall be in Form "B.T.I.", alongwith a fee prescribed under rule 43.
  2. For the purpose of sub-section (4) of section 52, a report of alteration shall be in Form "B.T.A." alongwith a fee prescribed in this behalf, under rule 81 of the Central Motor Vehicle Rules, 1989.
  3. The proviso to sub-section (2) of section 52 shall not apply in respect of a notice:-
    (i) to replace the chassis or body shall.
    (ii) to replace, to change or to modify the engine.
    (iii) to change the structure of the vehicle this may or may not result in change in its basic feature.
 
i. No approval shall be granted :
 
(i) to replace a chassis or a body-shell of vehicle unless it is to be replace by a chassis or body-shell of the identical type and nature and proof of its origin to the satisfaction of the registering authority is accompanied with the notice.
(ii) to alter a motor vehicle which is held under a hire purchase agreement, unless the financier has given consent for the alteration in form "B.T.I.".
(iii) to reduce seating capacity by removing seats in an omnibus which is used as a public service vehicle, on the ground that the owner intends to carry so many passengers only, unless the seats are re-arranged equally and properly.
 
(5)  Subject to the provisions of sub-section (2) of section 52 and sub-rule (3) and (4) of this rule, the registering authority may refuse to record :-
 
(i) any alteration made without the necessary approval of the registering authority.
(ii) any alteration made without the necessary consent of the financier.
(iii) any alteration made by way of modification of the engine as envisaged in second proviso to sub-section (1) of section 52 unless such modification complies with each condition prescribed for such modification and that the person who carried out such modification certifies to the effect that any part of any other mechanism of the vehicle has not been tempered with consequent upon such modification and that the use of the vehicle upon such modification is not calculated to render the driving of such vehicle a source of danger to persons and vehicle using the public place.
 
(6) In order that the alteration made in the vehicle is verified and recorded the owner shall produce the vehicle before such Inspector of Motor Vehicles as may be specified by the registering authority alongwith :-
 
(i)  the approval granted in Form "B.T.I."
(ii) the proof or certificate, where necessary.
(iii) and other document which the Inspector of Motor Vehicles or the registering authority considers necessary.
 
Issue of duplicate certificate:
 
  1. If a certificate of temporary registration is lost, destroyed, torn, defaced or mutilated, the owner of motor vehicle or the dealer, as the case may be, shall forthwith report the matter to the original registering authority and shall, apply for the issue of a duplicate certificate in Form C.D. alongwith a fee prescribed under rule 43.
  2. If a certificate of fitness is lost, destroyed, torn, defaced or mutilated, the owner of motor vehicle shall forthwith report the matter to the registering authority in whose jurisdiction the certificate was issued or last renewed and shall, apply for the issue of a duplicate certificate in Form C.D. along with a fee prescribed under rule 43.
  3. Upon receipt of such intimation the registering authority shall furnish the applicant with a duplicate copy of such certificate, duly stamped "Duplicate" in red ink, and the seal of the registering authority.
  4. If at any time it appears to an Inspector of Motor Vehicle or to a registering authority that any of the certificates issued under Chapter IV of the Act is so torn, defaced or mutilated in any way as the cease to be reasonably legible, such Inspector of Motor Vehicles or the authority may, by order in writing, impound the certificate and require the owner or the dealer, as the case may be, to obtain duplicate certificate.
  5. Where a duplicate certificate under this rule, or a duplicate certificate of registration or trade certificate under the Central Motor Vehicle rules, 1989, has been issued upon representation that a certificate has been lost, and the original certificate is afterwards found or received by the owner or the dealer, the owner or the dealer as the case may be, shall immediately return the duplicate certificate to the issuing authority. Every owner of a motor vehicle not registered within the State, which is brought into or is for the time being in the State before the commencement of these rules, shall within seven days of such arrival or commencement of these rules, intimate to the registering authority in whose jurisdiction the vehicle is to be normally kept, in Form F.T. prescribed under the Bombay Motor Vehicle Tax Rules, 1959. The registering authority may, subject to the provisions of sub-section (5) of section 58, require an owner of a motor vehicle to produce the certificate of registration before it for the purpose of revision of entries therein of particulars relating to the gross vehicle weight, and the owner of such a motor vehicle shall produce the certificate of registration within seven days from the date on which such requisition was made.
 
Intimation of arrival of a Motor Vehicle:
 
Power of registering authority to require production of certificate of registration:
 
Power of registering authority to require production of certificate of registration:
 
(1) The Director general of Police or such other police officers as the State Government may specify in this behalf shall furnish monthly returns in the forms appended to this rule, containing the information regarding vehicles which have been stolen and stolen vehicle which have been recovered of which the police aware, to the State Transport Authority, and shall send the copy of such returns to all the offices of the Motor Vehicles Department in the State, within period of three month.
 
FORM – I
Statement showing the Information regarding Motor Vehicles which have been stolen in the month of ________________
 
Serial Number Register number Time Date and section Time, date place of occurrence, the name of
police station and district
Type of  vehicle, model & Colour
1 2 3 4
         
 
Registration Number of the stolen vehicle Chassis number

Engine number

Name of the accused if known Remarks if any
5 6 7 8 9
         
 
FORM – II
Statement showing the Information regarding Motor Vehicles which have been recovered in the month of ________________
 
Serial Number Crime Register numberDate and section Registration number of the recovered vehicle Chassis number Engine Number Brief facts of the Recovery Remarks, if any
1 2 3 4 5 6 7
               
 
Manner of appeals:
 
  1. An appeal under rule 41, shall be preferred in duplicate, in the form of memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred; and shall be accompanied by a certified copy of that order and a fee prescribed under rule 43.
  2. Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the registering authority and connected with the order against which he is preferring the appeal, on payment of a fee prescribed under rule.43.
  3. The appellate authority may give any person interested in the appeal, a copy of any document connected with the appeal, on payment of a fee prescribed under rule 43.
 
Supply of copies of particulars of registration: A registering authority may in its discretion supply copies of particulars of registration of any motor vehicle registered in the records maintained by it, to any person who may apply for the same alongwith a fee prescribed under rule 43.
 
Maintenance of State Register of Motor Vehicles:
 
  1. Ever registering authority shall furnish a monthly report in duplicate, containing particulars required by the form of State Register of Motor Vehicle prescribed by the Central Government, to the Commissioner of Transport or Director of Transport as the case may be, within ten days of the succeeding each moth.
  2. The Commissioner of Transport or Director of Transport as the case may be, shall forward a quarterly, compiled report in duplicate, of particular received from all the registering authorities, to the Additional Chief Secretary (Transport) / Secretary (Transport), Home Department within ten days of the succeeding month after the concerned quarter.
  3. The state Government may, fro, time to time, issue directions to the registering authorities or to the Commissioner of Transport or Director of Transport as the case may be, for the purpose of carrying into effect the provisions of section 63.