Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 138 in The Central Motor Vehicles Rules, 1989

138. Signals and additional safety measures for [motor vehicle] [Substituted by GSR 214(E), dated 18.3.1999, for 'motor cycle'(w.e.f. 18.3.1999).].

(1)The driver of a [motor vehicle] [Substituted by GSR 214(E), dated 18.3.1999, for 'motor cycle'(w.e.f. 18.3.1999).] shall make such signals and on such occasions as are specified in the regulations made under section 118.
(2)The driver of a motor cycle shall, in addition to the safety measures mentioned in sub-section (1) of section 128, comply with the requirements of rule 123.[[(3) In a motor vehicle, in which seat-belts have been provided under sub-rule (1) or sub-rule(1-A) of rule 125 or rule 125-A, as the case may be, it shall be ensured that the driver, and the person seated in the front seat or the persons occupying front facing rear seats, as the case may be, wear the seat belts while the vehicle is in motion.] [Inserted by GSR 214(E), dated 18.3.1999 (w.e.f. 18.3.1999).]
(4)On and after expiry of one year from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1999, the driver of every vehicle shall ensure that the following items are carried in the vehicle, namely:
(a)[ In case of vehicles other than motorcycles, a set of spare bulbs for head lamps and fuses, and a ready-for-use spare wheel: [Substituted by Notification No. G.S.R. 625 (E) dated 8.8.2012 (w.e.f. 2.6.1989)]
Provided that in case of M1 and N1 categories of vehicles, use of temporary use spare wheel shall be permitted and the provision of ready to use spare wheel shall not be mandatory, if such vehicles are fitted with Run Flat Tyres as standard.]
(b)tool kit as prescribed by the manufacturer;
(c)triangles of size 150 mm with a red reflecting surface as per IS: 83391993 specified by the Bureau of Indian Standards, for keeping in front and rear of the vehicle in case the vehicle is stranded on the road (applicable to vehicles other than two and three-wheelers); as specified below, namely:
one triangle in case of four-wheelers with GVW not exceeding 7.5 tons;two triangles in case of four-wheelers with GVW exceeding 7.5 tons:[Provided that in case of vehicles manufactured on and after 1st January, 2003, the triangles of size and specification shall conform to AIS : 022-2001, as maybe amended from time to time, till such time as corresponding Bureau of Indian Standards specifications are notified:] [Inserted by GSR 400(E), dated 31.5.2002 (w.e.f. 31.5.2002).][Provided further that in addition, [M3] [Proviso inserted by GSR 589(E), dated 16.9.2005 (w.e.f. 16.3.2006).] category of vehicles shall also be required to install retro-reflective triangle complying to AIS:022:2001 as amended from time to time, excluding the requirements specified in clauses 7.2, 7.3, 7.4, 7.7, 8.1.2and 5.0, 6.0, 11.0 of Annexure 4 of the said standard. The colour of the triangle fitted in the front of the vehicle shall be white and that of rear shall be red. The location of both the triangles shall be at least one meter above the ground level at the front and rear, preferably at the centre of the vehicle. For the purposes of white colour warning triangle, the word red shall be substituted by word white, wherever applicable in AIS:022:2001. The colour requirements of white retro-reflective portion shall be as per clause8.5 of AIS:057 and white fluorescent material shall be as per clause 7.1 of ISO:7591-82(E);]
(d)first-aid kit containing a tube of antiseptic cream containing 0.5% of Centrimide B.P. in a non-greasy base, sterilise addressing, sterilised elastic plaster, waterproof plaster, gauze and elastic bandage for wounds and burns;
(e)number of chock blocks for four-wheelers as specified below, namely:
one chock block in case of four-wheelers with GVW exceeding 4 tons and less than 7.5 tons;two chock blocks in case of 4-wheelers with GVW exceeding 7.5 tons;The vehicle manufacturer shall ensure that the above items are supplied at the time of first sale of vehicle;
(f)[ at the time of purchase of the two wheeler, the manufacturer of the two wheeler shall supply a protective headgear conforming to specifications prescribed by the Bureau of Indian Standards under the Bureau of Indian Standards Act, 1986 (63of 1986): [Clause (f) inserted by GSR 589(E), dated 16.9.2005 (w.e.f. 16.3.2006).]
Provided that these conditions shall not apply to category of persons exempted in terms of section129 and the rules made thereunder by the concerned State Government.]
(5)Halogen bulbs with P45t cap shall not be used for headlights on all vehicles. Wattage of halogen bulbs shall not exceed 70/75watts for 24 volts and 60/65 for 12 volts systems.]
(6)[ On and after 1st April 2016, the driver of motor vehicle of M1 category, manufactured on and after 1st October 2014, excluding transport vehicles and special purpose vehicles shall ensure that a child, up to age of twelve years, carried in the vehicle is seated in an appropriate child restraint system conforming to AIS:072-2009.] [Inserted by Notification No. G.S.R. 291 (E) dated 24.4.2014][138A. Fitment of Radio frequency Identification Tag. [Inserted by Notification No. G.S.R. 207 (E) dated 8.4.2013 (w.e.f. 2.6.1989)]- Categories M and N motor vehicles manufactured on or after six months from the date of commencement of the Central Motor Vehicles (First Amendment) Rules, 2013 shall be fitted with Radio Frequency Identification Tag having such specifications as may be determined by the Central Government:Provided that Radio Frequency Identification Tag in case of vehicles which are sold in the form of drive-away-chassis, shall be installed at the top centre of the windshield of the vehicle by the builder of the body on the drive-away chassis at the time of providing the windshield.]