F. No.
RT-11036/64/2017-MVL
Government of India
Ministry of Road Transport and Highways
(MVL Section)
Transport Bhawan, 1, Parliament Street, New Delhi-110001
Dated, the 17th of December, 2018
To
1. Principal Secretaries/ Secretaries, Department of Transport of all States/
UTs;
2. Directors General Police of all States/ UTs;
3. Transport Commissioners of all States/ UT Administrations
Subject: Acceptance of Driving Licence, Registration Certificate and other
transport related information presented in Electronic form.
Madam/ Sir,
I am directed to refer to this Ministry's letter dated 8th August, 2018 and 19th
November, 2018, and to say that this Ministry has received a number of representations
about the mechanism to be adopted by traffic/ transport related enforcement agencies
to validate or impound documents in case the citizens produce documents in an
Electronic Form.
2. In view of the above, a Standard Operating Procedure (SOP),as annexed, may be
adopted for ensuring compliance with the provisions of rule 139 of the Central Motor
Vehicles Rules, 1989.
3. This issues with the approval of the Competent Authority.
Yours faithfully,
~
(DharkatR. Luikang)
Under Secretary to the Govt. of India
Tel: 23357125
Email: dharkat@nic.in
Encls: As above
Government of India
Ministry of RoadTransport and Highways
Transport Bhawan, 1, Parliament Street, New Delhi-110001
Dated, the 17thof December,2018
Subject: Standard Operating Procedure (SOP) for validation of Driving
Licence, Registration Certificate and other transport related
documents/ information presented in Electronic form thorough IT
or mobile app platform
1. Introduction:
The Ministry of Road Transport & Highways has issued an amendment in Rule 139 of
the Central Motor Vehicles Rules vide its Notification bearing No. G.S.R. 1081(E) dated the
2nd November 2018, enabling production of requisite documents such as certificate of
registration, insurance, fitness and permit, the driving licence, certificate for pollution
under check and any other relevant documents in electronic form with a view to ease of
living for the people. It has been considered necessary to prescribe a Standing Operating
Procedure (SOP) for the same so as to ensure its seamless implementation.
2. Legal Provisions under the Motor Vehicles Act 1988 and the Information
Technology Act, 2000
(i) As per recent amendment dated 2nd Nov 2018 of Rule 139 of the CMVR, 1989 -
Production of licence and certificate of registration -
'The driver or a conductor of a motor vehicle shall produce certificates in
physical or electronic form certificate of registration, insurance, fitness and
permit, the driving licence, certificate for pollution under check and any other
relevant documents on demand by any police officer in uniform or any other
officer authorised by the State Government in this behalf, and if any or all of
the documents are not in his possession, he shall produce in person an extract
or extracts of the documents duly attested by any police officer or by any other
officer or send it to the officer who demanded the documents by registered
post within 15 days from the date of demand'.
(ii) As per section 4 of the IT Act 2000 i.e. Legal recognition of electronic records-
'Where any law provides that information or any other matter shall be in
writing or in the typewritten or printed form, then, notwithstanding anything
contained in such law, such requirement shall be deemed to have been satisfied
if such information or mater is - (a) rendered or made available in an electronic
form; and (b) accessible so as to be usable for a subsequent reference'.
(iii) Further, 'electronic form' has been defined in Section 2 (r) of the IT Act 2000 as:
"electronic form" with reference to information, means any information
generated, sent, received or stored in media, magnetic, optical, computer
memory, micro film, computer generated micro fiche or similar device.
3. Clarifications:
(i) As per the provisions of the Motor Vehicles Act 1988, and the Central Motor Vehicles
Rules 1989, the owner/driver has to produce the documents to the authority on
Page 1 of 5
Government of India
Ministry of Road Transport and Highways
Transport Bhawan, 1, Parliament Street, New Delhi-110001
demand.
(ii) The data related to the insurance of new vehicles and renewal of insurance of
vehicles is being uploaded by the Insurance Information Board (liB) on the VAHAN
database on a daily basis now and the validity of the insurance is reflected on the
mParivahan/ eChallan app.
(iii) The mParivahan mobile app is being provided by this Ministry through NIC The
Driving Licence, Registration certificate, Fitness validity, Insurance validity, Permit
validity of the citizen are available on real time basis on this mobile app by entering
the Driving Licence Number in case of the Driving Licence details or the Registration
Number for Details pertaining to the vehicles.
(iv) mParivahan is available to each citizen and eChallan to only enforcement officers
from the Transport Department or the Police Department.
(v) The DigiLocker platform of the Ministry of Electronics and Information Technology,
Government of India, has the facility to pull a citizen's Driving Licence or the
Certificate of Registration details from VAHAN and make it available in the
Digilocker App in an electronic form.
(vi) These electronic records available on DigiLocker or mParivahan are deemed to be
legally recognised at par with the original documents as per the provisions of the
Information Technology Act, 2000.
(vii) If the online virtual copy of DLIRC (along with QR Code) or any other updated
validity status (like Insurance, Tax, Permit, PUCetc.) is not available on mParivahan
or DigiLocker app carried by the user, then the relevant paper documents will be
required to be carried.
4. Standard operating Procedure (SoP)for validating information or impounding
the document(s) in Electronic Form by the enforcement agencies:
4.1 Validation of documents produced in an Electronic form:
(i) The citizens can produce the documents or other information either through the
Digilocker app or the mParivahanapp.
(ii) The citizen can download the Driving Licence or the Certificate of Registration
through these appsand store on their mobile devices.
(iii) The Citizen can also show particulars relating to the Driving Licence or the Vehicle
through the mParivahanapp on the mobile through the Internet Connectivity.
(iv) In eChallan app facility, two modesof login credentials have been madeavailable to
the enforcement officers. The login authentication is decided by the concerned
Page2 of 5
Government of India
Ministry of Road Transport and Highways
Transport Bhawan,1, ParliamentStreet, NewDelhi-110001
competent authority in the State Government! UT Administratton.
(a) In one mode, only limited privilege of on-line verification of vehicle I license
status and also off-line verification of mParivahan QR Code are available.
Transport Enforcement! Traffic Police officer can use normal android mobile
apps for this purpose. This is irrespective of whether the state has
implemented Vahanl Sarathi or not, provided the data from these states are
regularly updated in the National Register.
(b) In the other mode, the officer can carry out complete challaning operation
including tagging of the Driving Licence or the Certificate of Registration for
impounding or suspension.
(v) The Enforcement officer can enter the details of driving licence (DL) or the
Certificate of Registration (RC) in their eChallan or mParivahan application to
validate the information provided for the Driving Licence, Certificate of
Registration, Fitness, Insurance, Tax etc. This would be done on an online basis using
the Internet.
(vi) The Enforcement officer can scan the QR code of the documents produced through
the Digilocker based app by scanning through the QR code scanner in the Digilocker
app to verify the document. The QR code in Digilocker document is encrypted and
can be validated only by Digilocker app. Internet connectivity is not required for
scanning the QRcode and validating the documents.
(vii) The Enforcement officer can scan the QR code of the documents produced through
the mParivahan based app by scanning through the QRcode scanner in the eChallan
app to verify the document. The QRcode in mParivahan base document is encrypted
and can be validated only by eChallan app. This is an additional security feature
provided by the Ministry of Road Transport and Highways. Internet connectivity is
not required for scanning the QRcode and validating the documents.
(viii) If the vehicle registration details on the mParivahan I eChallan app contain the date
of the validity of the insurance policy, fitness, tax etc. which is in-force then the
requirement of a physical copy of the insurance certificate or other such document
is not required.
(ix) There would be no requirement of seizure I impounding of the documents in cases
where there is no traffic related violation but validation of information can be
ensured through mParivahanor eChallan or Digilocker.
Page3 of 5
Government of India
Ministry of Road Transport and Highways
Transport Bhawan,1, ParliamentStreet, New Delhi-110001
4.2 The process flow under the eChallan app for generating challan and further
action:
(i) In caseswhere there is an offence made out necessitating seizure/ impounding
of such documents in available electronic form, the States have been provided
with the facility to make appropriate updation in VAHANI SARATHIdatabase,
on an on-line basis, against the Driving Licence or the Vehicle Registration
details through eChallan system of this Ministry.
(ii) In caseswhere the States are using any other database or web/mobile utility
of their own, then they need to update the VAHANI SARATHIdatabase through
a weblink.
4.3 Generating Challans for violations:
The competent authority should have provided the authorisation in the eChallan app
for the facility to the concerned enforcement officer to make a challan.
(i) When an offence is made out against the citizen, the enforcement officer can create
a challan using an on-line Point of Sale (PoS)or eCTV eChallan facility. An option to
create a challan using the real-time database of VAHAN and SARATHIhas been
provided.
(ii) After creating a challan, offence history will get registered in the database in
VAHANfor the vehicle and SARATHIfor the driver respectively.
(iii) All offence data is available in real time online basis and easily available to the
enforcement officers throughout the country.
(iv) Enhanced penalties for repeat violations is reflected and the action against the
violator can be initiated accordingly as the past offence history is available to the
enforcement officers through the database.
(v) Violator can pay the penalty or the compounding amount on-line and the citizens
need not worry for physical document collection. After the payment or
compounding, the case is disposedand data reflected in the Database.
(vi) If a challan is pending or has not been disposed, then all transactions involving the
vehicle i.e. NOe, Fitness, Tax etc. and for the Driving License i.e. the renewal,
address change etc. are not permitted and are reflected to the traffic enforcement
agencies across India.
(vii) The violators are required to compound and close pending casesas early as possible
to start or avail services like tax payment, NOC,fitness etc.
Page4 of 5
Government of India
Ministry of Road Transport and Highways
Transport Bhawan, 1, Parliament Street, New Delhi-110001
4.4 Online recommendation for suspension
(i) The Driving Licence or the Certificate of Registration can be recommended for
suspension/ blocking by the competent enforcement officer.
(ii) This recommendation will be reflected in the home page of the competent officer
i.e. the Licensing Authority/ Regional Transport Authority page on real time basis
and based on law, further decision for suspension/ blocking can be taken.
(iii) This will reflect in all echallan app implemented across all States/ UTs enforcement
officer's device in real time. Based on the information they can take suitable action
as enshrined in Law.
5. Benefits of adopting eChallan:
(i) Enforcement agencies need not physically handle any document.
(ii) Office need not maintain any inventory or record.
(iii) No harassment for citizens to collect document after the payment of compounding
fees as the challan when disposed would automatically update the record in the
Database.
(iv) Real time offence status is available to the transport and traffic enforcement officers
and to the citizens.
(v) Fast, transparent and accountable system.
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Page5 of 5
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No. RT-11036/64/2017-MVL
~~
Government of India
~ qRqs"1 am xl\ijJ1l f J JOi?llt'lll
Ministry of Road Transport and Highways
(MVLSection)
Transport Bhawan, 1, Parliament Street, New Delhi-110001
Dated the, 8th August,2018
To,
The Principal Secretaries /The Secretaries of the Department of Transport,
The DGP/ ADGP(Traffic),
The Transport Commissioners
of all the States/UTs.
Subject: Acceptance of Driving Licence, Registration Certificate or other
documents presented through DigiLocker or mParivahan platform - reg.
Madam/Sir,
This Ministry has received a number of Grievances/RTI applications where the
citizens have raised the issue that the documents available in DigiLocker or the
mParivahan app of this Ministry are not considered valid by the traffic police or the motor
vehicles department, when asked to produce.
2. The DigiLocker platform of the Ministry of Electronics and Information Technology,
Government of India and the mParivahan mobile app of this Ministry has the facility to
pull a citizen's Driving Licence or the Registration Certificate or any other certificate in
an electronic form. These electronic records available on DigiLocker or mParivahan are
deemed to be legally recognised at par with the original documents as per the provisions
of the Information Technology Act, 2000.
3. As per the provisions of the Motor Vehicles Act 1988, and the Central Motor
Vehicles Rules 1989, the owner / driver has to produce the documents viz. licence or
certificate of registration etc. to the authority on demand.
4. The data related to the insurance of new vehicles and renewal of insurance of
vehicles is also being uploaded by the Insurance Information Board (liB) on the VAHAN
database on a daily basis now and the same is reflected on the mParivahan / eChallan
app of the Ministry. If the vehicle registration details on the mParivahan / eChallan app
contain the details of the policy which is in-force, then the requirement of a physical
copy of the insurance certificate is also not to be enforced.
5. In light of the provisions of the Information Technology Act 2000, it is requested
to consider the documents available in the 'electronic form' in the DigiLocker platform
Page 1 of 2
or the mParivahan mobile app as valid under the Motor Vehicles Act 1988 and be treated
at par with the certificates issued by the transport authorities.
6. In cases where there is an offence made out and that there is a requirement of
the documents to be impounded, the enforcement agencies can have such impounding
reflected in the VAHAN/ SARATHIdatabase electronically through the 'eChallan' system.
There would be no requirement of physical seizure of the such documents.
7. If any State is using any such online enforcement solution through alternative
database, then the State shall transfer the relevant information electronically through
web service of VAHAN / SARATHIdatabase.
8. This IT based online verification of certificates would also help the enforcement
authority in ensuring the genuineness of the details which further would result in better
compliance and effective monitoring.
9. This will be a step under the Digital India programme with a vision to transform
India into a digitally empowered society and knowledge economy.
Yours faithfully,
~1il112
(Priyank Bharti)
Director (MVL)
Dirmvl-morth@gov.in
Tel:011- 23314316
Page 2 of 2
No. RT-11028/1512017-MVL
11T'«f *1'<Cf) 1'<
Government of India
~ qRq5'1 3fR '<I,jpwf s1?1lt'1ll
Ministry of Road Transport and Highways
(MVL Section)
Transport Bhawan, 1, Parliament Street, New Delhi-110001
Dated the, 19th November, 2018
To
(i). The Director General of Police,
(ii). The Principal Secretaries / The Secretaries, Department of Transport,
(iii). The Transport Commissioners,
of all the States/UTs.
Subject: Production of transport related documents in an electronic form-reg.
Madam/Sir,
Your attention is drawn to the amendment in rule 139 of Central Motor Vehicles
Rules, 1989 in regard to the production of licence and certificates of registration
made through the Notification G.S.R. 1081(E) dated 2nd November, 2018.(copy
attached)
2. As per the amended provision, the citizen can produce the transport related
documents such as registration, insurance, fitness and permit, the driving licence,
certificate for pollution under check and any other relevant documents, if required,
in physical or electronic form of on demand by any police officer in uniform or any
other officer authorized by the State Government in this behalf.
3. This would enable the use of digital platforms for carrying and verification of
the documents and is a step towards citizen facilitation. In view of the above, it is
requested to ensure compliance of the amendments made to rule 139 of the Central
Motor Vehicles Rules, 1989 and make the enforcement officers aware of the new
provisions so that citizen are not harassed/ inconvenienced.
Ends:Asabove.
Yours faithfully,
(Dharkat R. Luikang)
Under Secretary to the Govt. of India
Email: dharkat@nic.in
Tel: 011-23357125
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MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 2nd November, 2018
G.S.R. 1081(E).—Whereas the draft rules further to amend the Central Motor Vehicles Rules, 1989, were
published, as required under sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide
notification of the Government of India in the Ministry of Road Transport and Highways number G.S.R. 643(E), dated
the 12th July, 2018 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) inviting objections
and suggestions from all persons likely to be affected there by before the expiry of the period of thirty days from the date
on which copies of the said notification containing the draft rules were made available to public;
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Whereas, copies of the said Gazette notification were made available to the public on the 12th July, 2018;
And, whereas, the objections and suggestions received from the public in respect of the said draft rules have
been considered by the Central Government.
Now, therefore, in exercise of the powers conferred by sub-section (14) of section 88 of the Motor Vehicles Act,
1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor
Vehicles Rules, 1989, namely: —
1. (1) These rules may be called the Central Motor Vehicles (Fourteenth Amendment) Rules, 2018.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Central Motor Vehicles Rules, 1989(herein after referred to as the said rules), for rule 90, the
following rule shall be substituted, namely: -
“Rule 90. Additional conditions for national permit. - The national permit issued under sub-section (12) of
section 88 shall be subject to the following additional conditions, namely: -
(1) The words “National Permit or N/P” shall be inscribed in the front and rear of the vehicles in bold letters. In
case of trailers, the words “N/P” shall be inscribed on the rear and left side of the vehicle.
(2) The body of a tanker carrying dangerous or hazardous goods shall be painted in white colour and shall
display the class label, as specified in rule 137,on both the sides and rear of the tanker.
(3) The vehicle shall be fitted with FASTag, as specified in rule 138A of the Central Motor Vehicles Rules,
1989 not later than 1st October, 2019.
(4) Vehicle shall be affixed with reflective tapes at front and rear as specified under Rule 104.
(5) Vehicle shall be fitted with a Vehicle Tracking System device as per AIS 140.
(6) The vehicle shall not pick up or set down goods between two points in the same state, if restricted by the
particular state.
3. In the said rule, in rule 62, in sub-rule (1),-
(i) for clause (b), the following clause shall be substituted, namely:-
“(b) renewal of certificate of fitness in respect of Two years for vehicles up to eight years old and one year
transport vehicles for vehicles older than eight years.”;
(ii) clause (c) and clause (d) shall be deleted;
(iii) in the proviso, in the Table, after Sl. No. 17, and the entries relating thereto, the following Sl. and entries
shall be inserted, namely:-
“
(18) Fastag Yes No Yes No No To be affixed on the front wind
screen
”;
(iv) In the fourth proviso, after the explanation, the following proviso shall be inserted, namely:-
“Provided further that no fitness certification shall be required at the time of registration for new transport vehicle
sold as fully built vehicle and such vehicle shall be deemed to be having certificate of fitness for a period of two years
from the date of registration.”
4. In the said rule, after rule 138-A, the following rule shall be inserted, namely:-
“138 B. All goods carriage vehicles shall carry goods in a closed body of the vehicle or container:
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Provided that if it is necessary to carry goods in open bodies, goods shall be covered by using
appropriate cover like tarpaulin or any other suitable material:
Provided further that the goods of indivisible nature, not capable of being carried in a closed body or
being covered as per the first proviso, may be carried without cover.”
5. In the said rule, in rule 139,-
(i) after the words “the driver or a conductor of a motor vehicle shall produce certificates” the words “in
physical or electronic form” shall be inserted;
(ii) after the words “of registration, insurance, fitness and permit, the driving licence” the words “certificate for
Pollution Under Check” shall be inserted.
[F.No. RT-11028/15/2017-MVL]
PRIYANK BHARTI, Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
notification number G.S.R. 590(E), dated the 2nd June, 1989 and last amended vide notification number
G.S.R. 931(E) dated 27th September, 2018.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
