By TIOL News Service

NEW DELHI, JULY 14, 2020: MINISTRY of Road Transport and Highways has clarified that the heavy road making machinery is not a motor vehicle, and  is not covered under MV Act. The Ministry has requested the States and UTs to not to insist upon registration and driving licence for these machines.

In a letter addressed to the Transport departments of all the States and UTs, the Ministry has informed that it has received a number of representations  regarding   Road  Building  and Rehabilitation    Equipment, wherein concern  regarding  registration   of  cold  recycling  machines  and  soil  stabilization machine (road building  and rehabilitation  equipment)  under  Central Motor Vehicle Rules (CMVR),  1989 has been raised. 

The representations have clarified that Cold milling  machines are used to salvage the  crust  of  the  existing  bituminous pavement to recover the asphalt material and re-use them to conserve aggregate and bitumen  and  save the  associates costs of  mining  and  crushing.  Also the extracted bitumen leads to saving of bituminous thus saving of forex.

Also, the work awarded to the concessionaire by the employer is within  a given range of chainage. Therefore,  these equipment work in a defined region. Further, the operating speed of the above mentioned equipment  is 5-10 kmph and these equipment are deployed at the work site through trailers.

The representation  regarding  Heavy Earth  Moving Machineries  (HEMM) - wherein concern regarding  registration  of  HEMM   equipment  and their   operation  has been raised. HEMM  such as  Dumpers, Payloaders,  Shovels, Drill Master, Bulldozers,  Motor Grader and  Rock breakers are also categorised as  "OFF THE ROAD"  operated  and maintained within mine boundary under sole management,  supervision and control of Mines Manager and never used outside mine boundary. 

The Ministry's communication draws attention  to section 2 (28) of the Motor Vehicles Act, 1988 for  the   definitfon of a  Motor Vehicle, which says a Motor Vehicle means any mechanically propelled  vehicle  adapted for use upon roads whether  the power  of propulsion is transmitted  thereto  from an external  or internal  source and indudes a chasis to which a body has not been attached and a trailed;  but does not include a vehicle running upon fixed rails or a vehicle  of a special  type  adapted  for use only  in  a factory or  in any other enclosed premises or a vehicle having  less than four   wheels  fitted  with  engine capacity of not exceeding twenty-five cubic centimeters.

Section 3(1) of the Motor Vehicles Act , 1988 for necessity for driving  licence says, no  person shall  drive  a motor vehicle  in any public place  unless he holds  an effective driving  licence issued to him authorising  him  to drive  the  vehicle;  and no person shall so drive a transport  vehicle, other   than a  motor   cab or motor cycle, hired for  his own use or rented under any scheme made under sub-section (2) of section 75 unless his Driving Licence specifically entitles him so to do.

The Ministry said, the issue had been discussed in the  56th meeting  of  the  CMVR-TSC wherein   it  was opined that  cold milling  machine, cold recycler  and soil  stabilizers  are  not  covered under the definition  of the Motor Vehicles Act, 1988 and that  the type approval of the machine is also not made.

On  the  similar   lines   HEMM such  as   Dumpers,  Payloaders,  Shovels,    Drill   Master, Bulldozers, Motor Grader and  Rock breakers are not covered  under the definition of the Motor Vehicles Act,  1988 and may not be insisted for  registration under the Motor Vehicles Act,  1988.