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Has NGT gone mad? I thought vintage cars were exempt from the 15-year rule.
Full Financial Express Article Quote:
One of such affected cars is owned by Ashok Kumar Jain, a vintage car connoisseur who bought his vintage Rolls-Royce in 1995 for a price of GBP 1,12,350 which was an equivalent to Rs one crore in the days which was imported in India in 1996.
In February 2017, Jain had requested NGT (National Green Tribunal) for a nod of renewal of registration of his vintage Rolls-Royce, however, the ruling has not fallen in his favour.
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I believe the Rolls Royce that is being discussed is a Rolls Royce Silver Shadow or probably a later model which does not fall under the vintage / classic car category. Hence no exemption.
Anyone know what is the RR model that is being considered for exemption?
According to the NGT , in the city of Delhi vehicles more than 15 years old cannot be used on the roads.
In this case being a 1972 Rolls it is obviously more than 15 years old. I believe if the owner were to get a certificate from the VCCI stating that the car is a classic owing to the fact that it's more than 30 years old perhaps he would be allowed to re register his car in Delhi (which is unlikely).
I am not sure if the RTO would issue a NOC to allow the owner to transfer the car out of Delhi without paying green tax . Just a thought.
It's sad for vintage car enthusiast to see their prized possession being garage bound.
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Originally Posted by GTO
(Post 4214173)
I thought vintage cars were exempt from the 15-year rule.
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Since when? Was it officially declared thus? AFAIK, the gov't to this date has not officially set aside any cut-off year for vintage vehicles- anywhere in India- to be exempted from such rules, to begin with! Which is why even they by default, come under this blanket ban!
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Originally Posted by GTO
(Post 4214173)
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Vintage cars are not exempted from the NGT ruling. In fact, the 21 Gun Salute Rally team faced a horrid time last year (2016) when they had to take permission from the NGT to ply the vehicles for the rally in the NCR. The time deadlines were specifically given and it was stated in the relaxation order that any violation by any car will entail a hefty fine on the respective car. The amount was specified.
This year 2017, there was almost no rally, but a very fine display of cars from India and abroad.
There is no such 15 year plus old deregistration rule based on the NGT order for old two and three wheelers. Its for privately owned three wheelers, provided these are not registered as commercial vehicles. For commercial vehicles of all kinds, the Supreme Court order to scrap 15 plus year old vehicles in commercial use applies.
Sadly, Rolls Royce does not make two wheelers or else these would have been exempt.:)
But overall, the situation for older cars in the National Capital Region is horrenduous. Most of the newer purchases are now being registered in UP, UK (Uttarkhand) and HP. The MV Act of 1988 with all its amendments till 2017, treats all motor vehicles either 15 year or 100 year old, as one and the same. The 15 plus year old vehicles find mention in a Section 59 (Power to fix age limit of motor vehicle) for fitness purposes, that also applies to 100 plus year old motor vehicles. But the NGT ruling has negated any further fitness tests for cars in the NCR after the car attains the age of 15.
Quote:
Originally Posted by cjt2012
(Post 4214273)
I believe if the owner were to get a certificate from the VCCI stating that the car is a classic owing to the fact that it's more than 30 years old perhaps he would be allowed to re register his car in Delhi (which is unlikely).
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VCCCI is just a Mumbai based Club and not a statutory authority. Most cities have their own Clubs. Certification from VCCCI is at best a reference.
In fact even in Karnataka, the Government who had initially sought certification from Karnataka Vintage and Classic Car Club (KVCCC), removed the same, as the Govt., rightly so, was of the opinion that it cannot allow the elitist model to continue and that any owner of a vintage and classic car has to have equal rights.
In Delhi, the Heritage Motoring Club of India (HMCI) is primary club. HMCI has been strongly representing the case of Historical Vehicles with the NGT and Union Government. They are working very hard to get the Union Government to recognize and define "Historical Vehicles" clap:. As per my understanding vehicles more than 50 years old, remaining in original factory specifications with minor modifications to enhance safety will be called a historical vehicle. But till the law is passed, we need to keep our fingers crossed.
The Nagpur based Central India Vintage Automotive Association (CIVAA) has made a representation to the Honorable Union Minister of Transport.
Another person who has spent extensive time and money to get historical vehicles recognized is our BHPian, Mr. C S Ananth. He has put in a lot of hard work and faced many a hurdles, but remains committed for the larger good. Hats off to him clap:
If all come together, we should hopefully see light at the end of the tunnel.
Federation Internationale Vehicules Anciens (FIVA), the premier historical vehicles body representing 32 European and 28 Non-European Countries/States/Clubs, defines a Historical Vehicle as
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- Which is at least 30 years old
- Which is preserved and maintained in a historically correct condition
- Which is not used as a means of daily transport
- And which is therefore part of our technical and cultural heritage
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The European Union passed the following definition
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Vehicle of Historic Interest means any vehicle which is considered to be historic by the Member State of registration or one of its appointed authorising bodies and which fulfils all the following conditions;- It was manufactured or registered for the first time at least 30 years ago
- Its specific type, as defined by the relevant legal acts of the Union on type approval, is no longer in production
- It is preserved and maintained in a historically correct condition, and therefore has not undergone major changes in its technical characteristics
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Some information on what other countries do
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Typically, an antique vehicle is defined by its age at the time at which antique vehicle registration is sought. As examples, this age is 20 years in the U.S. state of Connecticut, 25 years in the U.S. state of Virginia, 30 years in the Australian state of Queensland, and 35 years in Singapore and 30 years in Sweden and Brazil. The United Kingdom requires that the vehicle was built before January 1, 1973 although the assumption is made that a vehicle first registered before January 7, 1973 was actually manufactured in 1972 and is therefore exempt from tax.
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Cheers
KPS
Hat's off to Mr. C S Ananth, Team from Nagpur and Delhi for working on the common benefit of a larger community.
I had a chance to chat with Mr. Ananth and yes I can sure tell he is facing a lot of hurdles, both from inside and outside.
Hope government realizes and gives us vintage & classic car collectors some relaxation.
Received this circular from a collector friend this evening:
Dear Members,
We write to inform you that HMCI’s Application MA No. 1543/2017 seeking permanent exemption from the National Green Tribunal (NGT) Order of November 26, 2014 in OA No. 21/2014 in Vardhaman Kaushik Vs. UOI & Ors. prohibiting all Vehicles older than 15 years from plying on the roads of the NCR was listed for hearing today, December 18, 2017 as Item No. 27-28 before the Principal Bench presided by Justice Swatanter Kumar, Chairperson of the NGT.
Our Application was taken up for hearing at 3:00 p.m. Mr. K.T.S. Tulsi, Senior Advocate, Member of Parliament and President HMCI assisted by Mr. Raj Kamal and Mr. Akshat Bhatnagar, Advocates appeared for HMCI and submitted arguments on behalf of HMCI before the Hon'ble Tribunal.
After hearing submissions by Mr. K.T.S. Tulsi, Justice Swatanter Kumar inquired from Counsel for Vardhaman Kaushik (the main Applicant) and the NCT of Delhi if they had any objections if HMCI’s Application was granted.
Counsel for Vardhaman Kaushik requested that a cost be imposed on each vintage car whenever driven on the road to which Mr. Tulsi responded that the imposition of any cost is uncalled for and impractical and that there is no question of imposition of a cost on every vintage car also considering that an owner spends several years and personal resources in restoring his cars which are a part of our national heritage. Mr. K.T. S. Tulsi also emphasised that HMCI events were usually in aid of a cause including for the Girl Child, Breast Cancer awareness and in support of Conservation.
After consideration, the Hon'ble Tribunal was pleased to pass an order allowing vintage cars more than 50 years old from the date of registration to ply on the roads for purposes of exhibitions, rallies and maintenance. Such cars are however not to be driven on the road for regular transport purposes.
The NGT has also asked HMCI as part of its environmental and social responsibility to plant some trees and install dustbins on the roads in Delhi to contribute to the improvement of the environment in the NCR, to which we readily agreed.
Accordingly, HMCI’s Application was favorably decided with the above-mentioned directions. We are awaiting a certified copy of the signed NGT Order and will circulate as soon as we receive it.
Best wishes,
Diljeet Titus
General Secretary
Heritage Motoring Club of India
I find it ironic that we rejoice in such an order. :Shockked:
This effectively means none of us can drive our cars for our enjoyment on a daily basis, or even with the family on weekends, in Delhi.
I believe this decision was actually SUGGESTED, by HMCI.:Frustrati
This order suits people whose only interest lies in sprucing up cars for events.
Genuine lovers and regular users suffer, but I guess they are the minority.
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After consideration, the Hon'ble Tribunal was pleased to pass an order allowing vintage cars more than 50 years old from the date of registration to ply on the roads for purposes of exhibitions, rallies and maintenance. Such cars are however not to be driven on the road for regular transport purposes.
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Does this mean that these cars can only be driven on roads for events organised by HMCI? Or does it cover all organised and unorganised vintage car rallies?
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