[anjan_c2007]

The proposed hikes in taxes to sustain the older (15 years or older) private motor vehicles are quite draconian and the attached notification by the Transport Ministry dated 15.03.2021 is evidence enough that the government is now coercing old motor vehicle owners to either pay more or scrap. Many gullible owners will try to avoid paying such huge fees and maybe fines to retain their respective motor vehicles and will under duress succumb and hand over his or her otherwise fit old vehicle to the scrap yard. The Media Handout in the second attachment was released by the Transport Ministry to justify the scrapping policy and is coloured and distorted with fudged figures and statistics, much to the old vehicle owner's disadvantage.

The hike in taxes, huge fines for delays in fitness can be represented against to the Ministry of Road Transport and our representation will reveal how much damaging the proposed measures are to nearly destroy our automobile history in one go. Hence, owners, enthusiasts and well-wishers of the targeted 15-49 year old motor vehicles need to positively send representations within 30 days w.e.f. 15.03.2021 i.e. by 13.04.2021, the date of issue of the draft notification no. G.S.R. 191 (E) to comments-morth@gov.in, their designated email id for the purpose. Confirmation copy can be also sent to director-morth@gov.in, the Director (MVL). MVL stands for Motor Vehicle Legislation.

A draft is appended herewith which may please be edited according to your choice. But please positively send as many representations for the cause. Reading through, the potential damage it is capable of can be well fathomed. Read with the Scrapping Policy, the combination of the two in unison is lethal for the well-being of our poor old automobiles.

An excerpt from the representation (the figures courtesy Mr Mr Srinand Piedpet, my friend, in bold are without any imposition of fines for delays)

SECTION A para (6) The total amounts as stated above in paras (1) and (5) inclusive of all new levies payable by old vehicle owners for fitness and re-registration thus works out to Rs 2400=00 for Indian motorcycles, Rs 11,500=00 for Imported motorcycles, Rs 13,300=00 for Indian cars and Rs 48,500=00 for Imported cars, once every five years. These amounts do not include any fines for delays. This is lawfully contrary to the principles of natural justice.

I have already sent the representation and so also our Vintage Automobile Association also has sent it today.

To
The Joint Secretary (MVL)
Union Road Transport and Highways Ministry,
New Delhi 110 001

Dated 31 March 2021


Subject:- Objections and suggestions with regard to Re-registration Fee Hikes and Vehicle Scrapping Policy

Reference:- Your Draft Notification no. G.S.R. 191 (E) dated 15.03.2021 read with the Scrapping Policy

Sir,
This is to register my objections and suggestions with regard to the above draft notification for re-registration and fitness fee hikes in respect of 15-49 year old private motor vehicles, under the non-transport category.

Section A - THE PROPOSED FEE HIKES

(1) The proposed fee hikes listed under para 3 (ii) Sr. No. 4 pages 5 and 6 TABLE in respect of renewal of registrations for private/ non-transport motor cycles as in Sr No. 4(b) (Rs 1000=00) , as in Sr No. 4 (c) three-wheelers (Rs 2500=00) , as in Sr No. 4 (d) light motor vehicle (car/jeep) Rs 5000=00 and as in Sr 4 (g) also those for imported motor cycles (Rs 10,000=00) , as in Sr No. 4 (h) imported light motor vehicles (Rs 40,000=00) and as in Sr. No. 4 (i) for any vehicle not mentioned above (Rs 6000=00) are extremely high, inequitable, irrational, unreasonable and not at all commensurate with the services provided or for the enhancement in the existing services provided by the concerned authority.
The levy of such astronomical amounts of fees is uncalled for. You may appreciate the fact that the owners of such motor vehicles older than 15 years belong to the lower class, daily wagers, retired persons who could have bought their last vehicle before superannuating and also enthusiasts, who treasure the family owned motorcycle or car, sometimes since more than one generation.

(2) We have to bring to your notice that such old vehicles do not ply like regular vehicle on the road, particularly the Vintage and Classic vehicle. On the contrary, they are preserved and cherished as heritage and maintaining such vehicle by itself is very costly. At any rate, the levy of fees and taxes on such vehicles in astronomical proportion as compared to new vehicles defeat very purpose of term “Quid Pro Quo”. The Services provided by the state are not utilized by such vehicles proportional to fees levied on them and therefore, the increase in fees is contrary to the principle of quid pro quo and is rendered confiscating in nature. Such impression of confiscating fees is unconstitutional and cannot stand scrutiny of law.

(3) The classification made also does not have any rational with the objective sought to be achieved. The unreasonableness in the classification is writ large from the categorization which clearly depicts that the same has been fixed without application of mind and in most unreasonable and irrational manner. Before making such classification, it would have been proper for ministry to have obtained information from experts and such exercise would have helped in making a reasonable classification or categorization. Such classification, therefore, cannot stand scrutiny of law.

(4) The additional fees referred to in the draft notification in para 3(ii) Sr. No. 4 in the contents of Note 2 : on page 6 states:-

“case of delay in applying for renewal of certificate of registration , an additional fee of three hundred rupees for delay of every month or part thereof in respect of motorcycles and five hundred rupees for delay of every month or part thereof in respect of other classes of non-transport vehicles shall be levied.”

It is brought to your notice that referring to your additional fees proposed to be levied vide notification no. GSR 1183 (E) dated 29.12.2016,the Hon’ble Madras High Court in W.P. nos 1598, 1067, 2117, 3519 and 4939 and five other W.M.P.’s of 2017 on 03.04.2017, ruled that :-

“We fail to see any justification for the levy of an additional fee in the nature of the penalty when there is no change in the nature of service rendered by the authority under the Act particularly in the absence of any statutory backing for the same. The purpose, as is apparent from the recommendation of the committee is the fond hope that such levy would act as a deterrent for non-compliance of various provisions. Such non compliance is however, a matter to be addressed using such powers as have been extended to the authorities. The Motor Vehicles Act and the Central Motor Vehicles Rules at present, only contain a provision authorizing the levy of a fee and nothing more.”

The proposed additional fees are irrational, inequitable and illegal and beyond your jurisdiction. This could be out of reach for many classes of persons owning such 15-49 year old vehicles as already stated in para (1) above.

(5) In para 3(iii) Sr. No. 4. page 6, the fees for conducting tests indicated in the Table at 10 A. of a vehicle for grant and renewal of certificate of fitness for such older vehicles stated in (a) (i) and (ii) for Motorcycle for manual (Rs 400=00) and automated tests (Rs 500=00) and in (b) for Three wheeled or LMV or quadri-cycle for (i) for manual (Rs 800=00) and (ii) automated (Rs 1000=00) are irrational, inequitable and unreasonable and are solely meant like other clauses to frustrate and coerce old vehicle owners to either pay huge and uncalled for enhanced fees and additional fees or surrender their otherwise fit and non-polluting vehicles under compulsion to the scrapping centres.

(6) The total amounts as stated above in paras (1) and (5) inclusive of all new levies payable by old vehicle owners for fitness and re-registration thus works out to Rs 2400=00 for Indian motorcycles, Rs 11,500=00 for Imported motorcycles, Rs 13,300=00 for Indian cars and Rs 48,500=00 for Imported cars, once every five years. These amounts do not include any fines for delays. This is lawfully contrary to the principles of natural justice.

Section B - THE SCRAPPING POLICY

The proposed hike in fees with levies of additional fees read with your scrapping policy indicate the link between these two documents, that are solely meant to discourage owners of older (15-49) year old privately owned vehicles from owning them by falsely and with malafide intentions labeling them as unsafe and polluting. The reality is much different. You may please note that:-

(1) The Delhi and NCR ban on 10 and 15 year old diesel and petrol private cars w.e.f. 2016 has resulted in not removing pollution from the areas. In fact, the smog and AQI (air quality index) of the winters of 2019-20 and 2020-21 were the worst ever in history. Before apportioning the blame on old motor vehicles , you need to identify and penalize the other main polluters.

(2) Such old vehicles are very less used on a regular basis as daily drivers. Not more than 5 to 10 % of such old vehicles are visible in any traffic jam or parking lot as you may infer through studies by accredited institutions. On the other hand replacements with newer vehicles will entail usage of five to ten times more causing more pollution and increases in oil import bills.

(3) We will be eliminating a substantial part of our automobile, industrial and mechanical history. We have had automobiles with truly 100 % Indian made components and with Indian brand names like Yezdi, Bajaj, Premier, Ambassador, Vijai, Lamby, Mahindra, Allwyn, Luna, Kinetic, Badal, Sipani and more since the late 1960’s and mostly from the early 1970’s. The Ambassador and Rajdoot as brands were in vogue much earlier. The natural rates of attrition are very high presently and usually older vehicles are discarded by most owners after 10 to 15 years.

(4) All developed Western countries in are encouraging preservation of 30 year or older vehicles, labeling them as Historic or as Young Timers and are valuing their worth as a part of their national wealth. Germany, U.K. and France lead the other nations here. The U.K. estimates that its 1.2 million such old vehicles to be worth 17.8 Billion pounds (Rs 167,000 crores). The US has accorded a special status to 30 year old vehicles aiming at preservation and estimates that it has about 21 million such old vehicles/cars.

(5) China is among the rarest of nations that has a compulsory automobile scrapping policy. The Chinese are known for the disdain to preserve their own history. Hence, if we follow the coercive and deterring methods for owners to compel them to scrap old private vehicles, we could be emulating the Chinese model.

(6) The handing over of an otherwise fit and non-polluting vehicle for scrapping by any owner should not be under duress or after being throttled, due to such high and disproportionate fees. In fact, the owner needs to hand over the vehicle to the scrap yard with a smile and with his own willingness.
With such a coercive and deterring levy of fees and additional fees vide the draft notification of 15.03.2021 under reference will only punish the daily wage earners, poor, lower class, lower middle class, retired persons and also automobile enthusiasts. Some among the enthusiasts are maintaining the older cars/bikes for generations in the best possible conditions, which form a part of the family heirloom. Moreover, the present state of the economy due to the pandemic has paralysed the earnings of many of the owners of such older automobiles.

Hence, it is to request you that the above points as listed in Sections A and B may please be sympathetically looked into and the extremely high, inequitable, irrational and unreasonable proposed hikes be done away with.

Yours faithfully,


(Name)
( City )
(contact number)

2021 CF fees draft gazette notification.pdf

[Kosfactor]

Opened Gmail > Copy pasted the content > Made an additional point + my contact details > input email address > Sent.

As someone who is interested in procuring a Padmini, happy to help.

Thank you Anjan.

[MSC]

I am in same boat as others who love and maintain their cars for years only for governments to come up with such stupid laws and bring everything to a big zero. I have one car and two two wheelers which will be hit with this direction.

Politicians and Babu's don't even bother for misery for common man. Not everyone has a 5 or 6 digit monthly salary package. But highups won't understand this. If they understood common man's pain we would not having been paying through our noses for each and everything. And frankly speaking, I don't believe even 1% to government sayings that cars and bikes will go cheaper. Government won't let us live. If at all anything becomes cheaper, they will increase from the other end.

I have done the needful and sent mail. Apologies if I sound like a pessimistic, but unfortunately I don't have any hopes. Those who ride cars worth lakhs and crores bought and fuelled from public exchequer won't understand the pain.

Being apolitical, these suggestions and request for any law or modification is nothing more than an eyewash. It's very rare that any government heeds to people's demands and suggestions.

These suggestions are just for formalities.

95 out of 100 times, government wont pay a heed.

[sudipta]

Thanks a lot Anjan for creating this thread, I have also used the same template and sent the email to the mentioned IDs. I too followed the following flow.
Opened Gmail > Copy pasted the content > Updated date + my contact details > input email address with CC to The Director (MVL) > Sent

[gkveda]

I seriously think, after some time, there is no wonder, if the Government start asking people to pay tax for living more than 50 years on Earth.

Its like owners of the house, saying to tenants, people can live in the rented house only till 50 years of age. If any person exceeds 50 years age, you have to pay more rent or throw the person out.

Given the fact that in India, 90% of the people buy cars once in their life time and keep more than 20 years, and cannot afford to go for 2nd car in their life time, government is exploiting them to pay tax after 15 years and exploring a permanent Avenue to earn more revenue and return nothing to the nation in terms of development.

If they are seriously worried about the environment, let them scrap the cars. Why is that they are collecting tax heavily and allowing old and polluting cars to run?

Will the car stop polluting the earth if we pay tax?

Or are there any steps that government is taking to clean up the earth with the tax that we pay? What are those steps and how do they clean up the earth?

With no clarity for all the above questions, how can they blindly make these rules and expect heavy tax from people? Seriously the taxation rules in India is becoming Hitler's rules

Anyways, although I don't hope anything will change, I have sent the objection mail to director with same content as in OP Post.

[jithin23]

I did my bit as well by copying the content and sending the email. Vintages are to be cherished and celebrated and not to be junked.

[harishpr]

I fully support the government taxing more for older vehicles.

Older vehicles are a big liability for the environment. -

• It’s less fuel efficient
• No safety features
• Pollutes environment lot more

With so many drawbacks, why should anyone encourage older vehicles.

I say, Tax even more. Perhaps, a lakh for a 2 wheeler and 3 lakhs for a 4 wheeler.

[prits_moh]

i have submitted the content to the designated emai id, as per the instructions.
Thanks Anjan, for the proactive step.

[bhargav2015]

A couple of points to add:
1. With the cost of buying a vehicle rising every year almost like clockwork, every April, the Government's motto of "Sabka Saath Sabka Vikaas" fails miserably. Add to that the rising fuel costs, the life of a motorist is only going from bad to worse. With the additional penalties, it effectively means the honest tax paying citizen of this country is being specifically targetted to squeeze the last ounce of savings from him. In return for paying additionally, what are we motorists benefitting? NOTHING. ZILCH. ZERO!

2. The premise that older vehicles are polluting the air is also not tenable since majority of Particulate Matter emissions stem from unpaved roads and other sources of fugitive emissions. Kindly refer the data furnished by the Ministry of Environment, Forests and Climate Change in this regard. IF THE OLDER VEHICLES PASS YOUR FITNESS & EMISSION TESTS, WHY WOULD YOU COERCE & ARM-TWIST US TO PAY MORE THAN ANOTHER VEHICLE ON THE ROAD.WHERE IS THE JUSTICE IN THAT? Add to that, can you imagine the POLLUTION that would emanate from VEHICLE SCRAPPING CENTRES?

The only people that your policy seems to benefit are AUTOMOTIVE COMPANIES. AND THAT, AT THE COMMON MAN'S EXPENSE AND COST.

[vishy76]

Originally Posted by harishpr

I fully support the government taxing more for older vehicles.

Older vehicles are a big liability for the environment. -

• It’s less fuel efficient
• No safety features
• Pollutes environment lot more

With so many drawbacks, why should anyone encourage older vehicles.

I say, Tax even more. Perhaps, a lakh for a 2 wheeler and 3 lakhs for a 4 wheeler.

Sorry to bust your bubble, but whatever you have said sounds very apt for an EVS textbook prescribed for primary school students, not from a practical point of view.

- Fuel efficiency depends on the class of car you are comparing, how it has been kept overall and the engine displacement along with a number of other factors. A modern direct injection turbo petrol does 8-9 km/l in peak traffic. I don't think any NA would be less. The same goes for diesels. I fail to see how this is a valid yardstick to measure whether a car should be scrapped or not. As long as I as an owner think the fuel costs are reasonable, I will keep it

- No safety features is again heavily dependent on the class of cars being compared. While most Indian cars have improved, majority of the mass market cars are still not what I would call safe. Let me also tell you that a modern A segment hatchback such as the Kwid or the Espresso (I own the former) is not much safer than a decade old Chevrolet Spark (own this one as well). In that sense, it makes sense to keep the Spark in a roadworthy condition rather than scrapping it which brings me to my next point

- Scrapping a car is easier said than done. Let's be very honest, India is a country which still doesn't have adequate processes and measures in place to process and scrap a very large amount of cars if and when these laws are enforced. Incorrect scrapping will cause more pollution of different forms than the car would cause if it continues to ply on the roads

I am all for charging a small fee in order to extend registration. An owner of a 20+ year old Maruti Zen or Esteem who has kept his car in spotless nick won't mind paying a small fee and keeping his car. On the other hand, someone who's driving a badly kept polluting car and has skimped on maintenance to save moolah anyways won't find benefits in this and scrap his car. It's as simple as that. Why (forcefully) try and fix something which ain't broken? If you want to drive an old car, pay up for the tax and maintain it. If you don't, scrap it. I don't see how this "get rid of old vehicles" type statement and overtaxing them makes sense practically.

[suhaas307]

Originally Posted by harishpr

I fully support the government taxing more for older vehicles.

Older vehicles are a big liability for the environment. -

• It’s less fuel efficient
• No safety features
• Pollutes environment lot more

With so many drawbacks, why should anyone encourage older vehicles.

I say, Tax even more. Perhaps, a lakh for a 2 wheeler and 3 lakhs for a 4 wheeler.

In my considered opinion, it is far more damaging to the environment to expend resources and costs towards scrapping perfectly functioning older cars and push manufacturers to make more cars, than allowing older yet environmentally compliant cars to continue plying on the road.

This new policy will only benefit car makers and incentivise them to manufacture more vehicles while ensuring that perfectly running and compliant cars are destroyed or scrapped. This is extremely wasteful and does not benefit anyone except the car makers and the government.

The focus should first be on the pitiful state of our infrastructure that continues to crumble, hugely impacting free flow of traffic.

[Viraat13]

Originally Posted by harishpr

I fully support the government taxing more for older vehicles.

Older vehicles are a big liability for the environment. -

• It’s less fuel efficient
• No safety features
• Pollutes environment lot more

With so many drawbacks, why should anyone encourage older vehicles.

I say, Tax even more. Perhaps, a lakh for a 2 wheeler and 3 lakhs for a 4 wheeler.

If I own an old car that is expensive to run (not fuel efficient), why is that your look out? Same for the safety features - if I am risking my life, why does it concern you?

For your third intelligent statement - old cars have been banned in Delhi since 2014. Do you see the pollution levels going up or down in the capital?

[digitalnirvana]

Done

@mods can you please automate this using a one - click tool like https://wordpress.org/plugins/speako...ves%20(default).

So that users can just click and send the email.

And also post a sticky to this thread on the home page and at the top of the forum?

[BeemerBug_06]

Originally Posted by harishpr

I fully support the government taxing more for older vehicles.

Older vehicles are a big liability for the environment. -

• It’s less fuel efficient
• No safety features
• Pollutes environment lot more

With so many drawbacks, why should anyone encourage older vehicles.

I say, Tax even more. Perhaps, a lakh for a 2 wheeler and 3 lakhs for a 4 wheeler.

I think that making such comments on a thread which is created to work around the new scrappage policy that has been implemented is not going to help anything. Sure you are entitled to your opinion, no doubt.

But do remember that there are several enthusiasts here who own cars that are older than 10-15 years and are in perfect condition with all their required documents in place. I though Team BHP is a place for enthusiasts who would work towards preserving cars that may have chances of becoming 'youngtimers' and future classics or relics of our country's automotive heritage. There are people who love and cherish these cars to date, and forcing or coercing them to scrap their cars is not warranted !

Secondly, your comment about fuel efficiency doesn't seem to make sense here. Fuel efficiency depends a lot also on the way the car is driven and the state of its mechanicals. I know people who still own old Maruti 800s that return great economical figures and are driven around daily with all their required papers in order.

And thirdly, when you said that the government should levy higher taxes like 3 lakhs etc. Did you keep in mind the entire population of our country ? Do remember that people in rural areas or those with not very high income rely on old or used cars for transport and commuting. Its not possible for such people to pay immensely high taxes which may be equal to what they earn or more and neither can they possibly afford brand new cars . So what are they supposed to do ? Many of them rely on their vehicles for their livelihood. is it ok for them to get virtually unemployed then ?
Many families prefer buying used cars for their kids to learn driving on or to use around as a beater, so by what you're saying, they won't have any options? Do remember many of them have also converted to CNG.

Also , I shall stress again on the fact that we are car enthusiasts here. Vehicles such as the Honda City VTEC, Fiat Palio, Maruti Zen, Maruti Baleno, Gen 1 Swift, Skoda Octavia vRS Mk 1 are all well over 10-15 years old now and there are many that ply on the Indian roads in good condition with all their required documents in place. They can be picked up for decent prices for someone who wishes to start off as an enthusiast. If these are to be scrapped for good, what will the enthusiasts enjoy? Owning these cars is still a dream for many, why mess it up for no good reason ?

I don't think your apparent '3' drawbacks are 'so many'

Of course , it is important to comply by the rules set down by the government with respect to keeping an older vehicle running and maybe a stricter fine can be levied if the car doesn't have its papers in place and upto date.

But if the car has all its documents in place and runs perfectly fine, it should not be touched or bothered. If paying a little extra to keep these cars running may be the case, then so be it. Owners do not mind that. I have a Maruti Zen and a Toyota Corolla which are 25 and 15 years old respectively in neat conditions and I have just had their fitness certificates reissued after paying the fee . Scrapping an old car just because it is "old" is a very narrow minded and inconsiderate way of looking at it. Scrapping should purely be the owner's choice in case of private vehicles.

As enthusiasts and car geeks , which I would trust most of us on Tbhp are, if not all , it is important to voice our opinion against such policies and support senior enthusiasts such as Dr Anjan Chatterjee whilst they are helping the car enthusiasts fraternity of India on the whole by finding a way around it.

[Varun_HexaGuy]

Originally Posted by harishpr

I fully support the government taxing more for older vehicles.

Older vehicles are a big liability for the environment. -

• It’s less fuel efficient
• No safety features
• Pollutes environment lot more

With so many drawbacks, why should anyone encourage older vehicles.

I say, Tax even more. Perhaps, a lakh for a 2 wheeler and 3 lakhs for a 4 wheeler.

Bigger liability for the environment? Oh yes. Delhi NCR is a witness. The age cap was first implemented in Delhi to "curb" pollution levels. It's six years into the 15/10 year ban, the numbers tell another story.

No safety features? Yeah, as if the cars of today are the golden standard in this aspect. Case in point, a 21+ lac rupee Seltos just about managed to clear the Global NCAP tests speaks volumes about the current situation in the country.

Environmental pollution isn't only comprised of vehicular pollution. There's a lot more to this than just vehicular pollution. Case in point, Delhi NCR is a live evidence.

Also there's no proper scrappage mechanism in India as yet and this would only add upto our woes.