Centre asks States not to insist on registration, driving licence for heavy earth machines
Jul 14, 2020
New Delhi [India], July 14 : The Centre on Monday advised States to not insist on registration and driving Licences for road building and rehabilitation equipment and Heavy Earth Moving Machineries (HEMM), saying they are not covered under the Motor Vehicle act.
As per an official release of the Ministry of Road Transport and Highways (MoRTH), the heavy road-making machinery is not a motor vehicle and is not covered under the MV Act.
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 Ministry's communication draws attention to section 2(28) of the Motor Vehicles Act, 1988 for the definition 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 there to from an external or internal source and includes 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," the release said.
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 Heavy Earth Moving Machineries (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.
