[ajay99]

Originally Posted by Jacob Alenghat

https://auto.economictimes.indiatime...icles/56975258

These are classified as Veteran (pre-1904), Edwardian (1905-1918), Vintage (1919-1938), Classic (1939-1960 and Modern Classics (1961-1975).

Rule 92 (2)(c) of the Central Motor Vehicles Rules, 1989 and Section 59 of the Motor Vehicles Act, 1988

Anyone knows the full version of the above Rule and Act 1989 & 1988?

I think RTAs are not acting to this rules. I have already paid huge amount for retest and registration for five years in 2017 up to 2022. Also paid Rs10000/- for one year Insurance for My 1950 Vauxhall- Velox Classic Car. Can I get refund about Rs.36000/- including insurance.

The Motor Vehicle department and the concerned officials are acting as per the existing rules only.As per the present rules,there is no exemption for vintage or classic vehicles with regard to taxation or Fitness tests ,in the state of Kerala.So the question of you getting a refund is out of question
Also,kindly note the payment of Third party insurance is a mandatory requirement and the MVD has nothing to do with it.
Also till date, there is no definition of what is a ''vintage'' vehicle in Motor Vehicle Act of 1988
Here is the Section59 of the ACT
59. Power to fix the age limit of motor vehicle.—
(1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder: Provided that the Central Government may specify different ages for different classes or different types of motor vehicles.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section (1) for the purpose to be stated in the notification

[Jacob Alenghat]

Section 92. General

(1) No person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of this Chapter:
1[Provided that nothing contained in this rule shall apply to vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993.]
(2) Nothing in this rule shall apply to a motor vehicle—
(a) which has been damaged in an accident or to a vehicle stopped or impeded owing to shortage of fuel or other temporary defects while at the place at which the accident or defect occurred;
(b) which is defective or damaged and is being removed to the nearest place of repair or disposal; or
(c) which is more than fifty years old from the date of its registration and is being driven for taking part in a vintage car rally:
Provided that where a motor vehicle can no longer remain under the effective control of the person driving, the same shall not be used in a public place except by towing.
2[Explanation.—For the purposes of this rule, “motor vehicle” includes construction equipment vehicle.]
3[(3) Testing of components conforming to standards in lieu of Indian Standards: Whenever a part, component or assembly is used in a vehicle complying with standards in lieu of those notified in these rules such as an international standard (for example, EEC/ECE/IEC/ISO or such other standards) or a foreign national standard, permission for use of such parts, component or assembly complying with such standards shall be approved by the Central Government.
In such cases, the compliance of parts, components or assemblies to such international or foreign national standards will be established for the purpose of rule 126, by a certificate of compliance issued by an authorized certifying agency or by an accredited certifying agency of the country of origin for such international or foreign national standards and vetted by a testing agency as referred to in rule 126.]
——————–

[Jacob Alenghat]

Vintage Cars :- 50% discount on 3rd Party Insurance for private cars under vintage car segment certified by vintage& classic car club of India as per erstwhile IMT. 17th April 2017. Tariff 2017-2018 IRDA/NL/NTFN/MOTP/089/04/2017

[Stanher]

Originally Posted by Jacob Alenghat

Vintage Cars :- 50% discount on 3rd Party Insurance for private cars under vintage car segment certified by vintage& classic car club of India as per erstwhile IMT. 17th April 2017. Tariff 2017-2018 IRDA/NL/NTFN/MOTP/089/04/2017

So what does this info imply? Do the car owners have to apply to VCCCI for certification?

[Jacob Alenghat]

May be. No clarity about it yet.

[Jacob Alenghat]

Originally Posted by anjan_c2007

The NGT order of 18/12/2017 is a landmark decision as there has been nothing forthcoming from either the Union government or the State governments during the past many decades to give a fillip for the long term conservation of the old beauties, that are depleting in numbers due to the total apathy of the powers that be. The only small positive step taken recently was in April 2013, when imports of pre 1950 cars were liberalised by the Directorate General of Foreign Trade (DGFT) under the Union Ministry of Commerce.Though big collectors have been able to import quite a few rare cars, as a result, we can only hope that the imports reach out hassle free to the average vintage/classic car lover. Only then, can the exorbitant prices being asked for by some sellers in our country can be rationalised. It will also enrich our wealth of the beauties, many of which have been plundered by the scrapper's guillotine or by the rampant exports (many of them illegal and criminal).

Back to the NGT judgement, this judgement will have long term ramifications and can be used in any court of law, should there be any contrary decisions either by the legislature , executive or judiciary of any state or Union Territory.

The target was to cover all 50 year old automobiles as I was told which means that all motor vehicles older than 1967 are under its ambit ( I may please be corrected if such is not the decision) , though the judgement nowhere mentions the age of the motor vehicle covered.

The argument by the opposite party (Mr Vardhaman Kaushik ) that whenever an old automobile is driven, the owner should pay a cost was argued by Adv K.T.S. Tulsi (M.P. Rajya Sabha) effectively , saying its 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.

Its our special thanks to the members of the HMCI and especially Advocate K.T.S. Tulsi , Advocate Diljeet Titus , Mr Shivanand Jatti for taking up the matter on the national stage.

Attachment 1708065

(Judgement courtesy Shri Diljeet Titus)

In my opinion Government should encourage Vintage/ Classic car Owners to maintain these old beauties live and give them incentives so that Countries Heritage will be kept for ever . I think India is World's NO:1 destination of Vintage Cars and can attracts Tourism to a great extend.