Fitment of Speed Limiting Device is Mandated
Government of West Bengal
Transport Department
Paribahan Bhawan
12, R.N. Mukherjee Road, Kolkata – 700 001
No. 2559-WT/3M-75/2013 Date: 29.07.2016
NOTIFICATION
WHEREAS, Ministry of Road Transport and Highways, Government of India has amended Rule 118 of CMVR, 1989 vide Notification No. GSR-290(E) dated 15.04.2015 requiring all transport vehicles to have pre-set speed limiting devices (SLD) and whereas Hon’ble Supreme Court of India in Writ Petition (C) No. 793 of 2015 has directed to implement the amendment and guidelines issued thereunder by Ministry of Road Transport and Highways in its later and spirit and also monitor its implementation;
AND WHEREAS, in terms of Notification No. 2-WT/3M-75/2013 dated 04.01.2016 of this Department a maximum pre-set speed for certain categories of transport vehicles are specified and exceptions thereto are specified in communication No. 3-WT/TR/3M-75/2013 dated 04.01.2016 of this Department with regard to mandatory fitment of speed limiting device (SLD) on transport vehicles in the State of West Bengal;
AND, WHEREAS, procedures and guidelines to be followed for fitment of SLD has been communicated by the Ministry of Road Transport and Highways, Government of India, vide No. RT-11017/13/2005-MVL dated 16.06.2016;
NOW, THEREFORE, the Governor is pleased to direct that the provisions regarding fitment of SLD conforming to the Standard AIS 018/2001 in transport vehicles as laid down in Central Motor Vehicles Rules, 1989 be strictly followed along with the provisions laid down under this Department Notification No. 2-WT/3M-75/2013 dated 04.01.2016 and No. 3-WT/TR/3M-75/2013 dated 04.01.2016 with effect from 31.10.2016, except in limited cases as provided hereunder:
(a) Cases duly certified by respective manufacturers or its authorized representatives to the effect that retro-fitment of SLD in the particular vehicle(s) is not technically feasible; or
(b) Cases where the vehicles are already fitted with SLD in the form of ECU (Electronic Control Unit) with proper calibration (AIS 004 complaint); or
(c) Cases where exemption by the Government has been allowed in specific terms.
By order of the Governor
Sd/- B. Dasgupta
Special Secretary to the
Government of West Bengal