By TIOL News Service

NEW DELHI, NOV 27, 2020: Ministry of Road Transport and Highways has invited suggestions and comments from public and all stakeholders on the proposed amendment to the Central Motor Vehicles Rules, 1989 to facilitate the owner of the vehicle for nominating a person (Nominee in RC). The draft notification GSR 739 (E) dated 26th November 2020 has been published by the Ministry.

Nomination facility is proposed to be incorporated at the time of registration of the vehicles. This would help the motor vehicle to be registered / transferred in the name of the nominee, in case of the death of the owner of the vehicle. The process is otherwise cumbersome and non-uniform across the country.

The amendments proposed in the Central Motor Vehicles Rule, 1989 are as under:-

(a) Rule 47. Application for registration of motor vehicles:- An additional clause is proposed to be inserted wherein "proof of identity of nominee, if any" to enable the owner to nominate anyone to be the legal heir of the vehicle in case of death.

(b) Rule 55. Transfer of ownership:- In sub-rule (2), it has been proposed that an additional clause may be inserted wherein "proof of identity of nominee, if any" to enable the owner to nominate anyone to be the legal heir of the vehicle in case of death.

(c) Rule 56. Transfer of ownership in case of death:- (i) In sub-rule (2), which is regarding the process to transfer the vehicle to the legal heir in case there is no nominee has been specified by the registered owner, it is proposed thatAn additional clause may be inserted wherein "proof of identity of nominee, if any" to enable the owner to nominate a nominee.

(d) A new sub-rule for insertion wherein it has been proposed that in case where the nominee is already specified, the vehicle will be transferred in the name of nominee and nominee will have to upload the death certificate on the portal to inform the registering authority and apply for a new certificate of registration in his name through the portal which will be faceless if Aadhaar authentication is chosen by the nominee. For Change in Nominee in Contingency it is proposed the possibility of change in nominee in case of any contingency arising out of special circumstances viz., divorce, division of property, transfer of assets without sale may be arrived at with an agreed Standard Operating Procedure (SOP) for such nomination, which may be done by such owners.

(e) Rule 57. Transfer of ownership in case vehicle is purchased in public auction:- In sub-rule (1) which is regarding the application for registration of motor vehicles, An additional clause may be inserted wherein "proof of identity of nominee, if any" to enable the owner to nominate anyone to be the legal heir of the vehicle in case of death.

(f)  Amendment of FORM 20, Form 23 A, 24, 30, 31 and 32 has also been proposed for amendment to include details of the nominee and the declaration from the registered owner for entering the details of the nominee.

Certificates/orders issued by SDM/DM/Tribunals/ Hon'ble Courts may also be used for facilitating this citizen friendly service and such window would be made available in the proposed amendment.

Objections and suggestions to these draft rules, if any, may be sent to the Joint Secretary (MVL), email: director-morth@gov.in , Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001 within 30 days of date of notification.