Government of West Bengal
Transport Department
Paribahan Bhavan
12, R. N. Mukherjee Road, Kolkata – 700001
No. 4267-WT/TRD-14011/5/2022 Dated: 14.11.2022
NOTIFICATION
Whereas, the Ministry of Road Transport & Highways (MoRTH), Government of India (GoI) had issued a notification vide G.S.R. 1095(E) dated 28.11.2016, as published in the Gazette of India, and inserted rule 125H in the Central Motor Vehicles Rules (CMVR), 1989, wherein the provision of vehicle location tracking device and emergency button became mandatory with effect from 01.04.2018 for all public service vehicles (PSV) as defined under clause(35) of Section 2 of the Motor Vehicles Act, 1988; and
Whereas, the MoRTH, GoI, subsequently, vide S.O. 5453 (E) dated 25.10.2018 has issued a notification stating the Motor Vehicles (Vehicle Location Tracking Device and Emergency Button) Order, 2018 and also issued a notification vide S.O. 5454 (E) dated 25.10.2018 which mandated installation of vehicle location tracking device and emergency button for new public service vehicle under rule 125H of the said Rules which are registered after 01.01.2019. Further, it was stated that all such public service vehicles registered up to the 31.12.2018 shall be exempted upto 01.01.2019. After the expiry of the time-period of exemption, the fitment of vehicle location tracking device and one or more emergency buttons, the concerned State or Union Territory Government may notify the date for compliance of requirements, in their respective State or Union Territory, in regard to public service vehicles registered upto 31.12.2018; and
Whereas, the MoRTH, GoI vide No. RT-16011/117018-T dated 15.01.2020 stated that the State or Union Territory Government shall ensure the fitment and functional status of device at the time of registration or issuance and renewal of permit or fitness check of the vehicle in VAHAN, as the case may be, or in accordance with the respective state vehicle registration or permit issuance system; and
Whereas, the MoRTH, GoI has issued a Standard Operating Procedure (SOP) vide No. RT-16011/7/2020-T dated 22.02.2021; and
Whereas, the specifications testing and certification of the vehicle location tracking device and emergency button referred to in sub-rule (1) of rule 125H of the said Rules shall be in accordance with AIS-140:2016 as amended time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standard Act, 1986 (63 of 1986) as mentioned in sub-rule (2) of rule 125H of the said Rules; and
Whereas, the vehicle location tracking device and emergency button referred to in sub-rule (1) of rule 125H of the said Rules shall be fitted by the original equipment manufacturer (OEM) or the authorised dealer of such OEM or the respective operator, as the case may be, in accordance with AIS-140:2016 as amended from time to time, till such time the corresponding BIS specification are notified under the Bureau of Indian Standard Act, 1986 as mentioned in sub-rule (3) of rule 125H of the said Rules; and
Whereas, it is felt necessary to notify a date for fitment and retro-fitment of vehicle location tracking device and emergency button in all passenger carrying vehicles as mentioned in G.S.R. No. 1095 (E) dated 28.11.2016 and S.O. 5454 (E) dated 25.10.2018;
Now, Therefore, after careful examination of the matter and for strict compliance of the notifications and guidelines issued by MoRTH, GoI from time to time, the Governor is hereby pleased to direct that the following categories of vehicles shall be equipped with or fitted with vehicle location tracking device and one or more emergency buttons at conspicuous position in public interest, as given below:
| Sl. No. | Category of Vehicles | Date of Effect | Remarks |
|---|---|---|---|
| (1) | (2) | (3) | (4) |
| 1. | All New Transport Vehicles manufactured on and from 01.01.2019 which comes under the purview of rule 125H of CMVR, 1989. | As notified by MoRTH, GoI, i.e. 01.01.2019 | Renewal of permit, Renewal of Certificate of Fitness shall not be allowed, if Vehicle Location Tracking Device and Emergency Button is not fitted in the public service vehicles (PSV) as mentioned in G.S.R. No. 1095(E), dated 28.11.2016 by the date stipulated in column (3). |
| 2. | All Old Transport Vehicle registered up to 31.12.2018 which comes under the purview of rulel25H of CMVR, 1989. | 01.12.2022 to 31.03.2023 | |
| 3. | All Transport Vehicles other than the vehicles as mentioned in Sl. No. 1 and 2 and (i) two wheelers; (ii) E-rickshaw; (iii) three wheelers as mentioned in G.S.R. No. 1095(E) dated 28.11.2016. | 31.12.2023 |
NOTE: Here ‘Transport Vehicles’ mean as defined in clause (47) of section 2 of the Motor Vehicles Act, 1988, as amended.
The guidelines issued vide No. RT-16011/7/2020-T dated 22.02.2021 by Ministry of Road Transport and Highways, Government of India with regard to Standard Operating Procedure (SOP) for Vehicle Location Tracking Device registration and activation in VAHAN are also to be followed in true spirit for both old and new Transport Vehicles registered in this State.
This notification will come into effect immediately.
By order of the Governor
Principal Secretary