GOVERNMENT OF KARNATAKA
TRANSPORT DEPARTMENT
Office of the Transport Commissioner
5th Floor, M.S. Building Bangalore,
No.SaAa/Nom-1/PR-454/2011-12
Dtd.23-2-2012
CIRCULAR
Subject:
Authorising M/s.Galaxy System, Bangalore to conduct modification of
vehicles
according to requirement of Physically disabled people – reg.
Ref: 1. Letter
No.AmAaNi/Sec62/02/2011-12/620 Dtd.9/15-9-2011 of the State
Commissioner
State Disabled Peoples Commissioners Office, Bangalore
2. M/s.Galaxy System’s request Letter
Dtd.14-9-2011 and 24-10-2011
3. This Office letter Dtd.2-11-2011 to
Bangalore (West), RTO Bangalore
(West) RTO’s
Letter No. PraSaAa/Bem(W)/Sibbandi-3/2011-12 Dtd.28-11-2011
4. Central Government’s Letter
No.RT-11017/07/2011-MVL Dtd.5-5-2011
5. This Office Memorandum submitted to
Govt Dtd.15-12-2011 and 11-1-2012
6. Govt. Letter No.SaariE-286/SaaEPa
2011 Dtd.2-2-2012
- - - - -
-
The Commissioner, State Disabled Peoples Commissioners’s
Office, Karnataka, Bangalore has highlighted few points in connection with
authorizing M/s.Galaxy System, Bangalore to conduct modification of vehicles
according to the requirement of the physically disabled people in Reference (1)
letter.
-
Few
years ago Maruti Company were producing the vehicles as per the demand of the
physically disabled people.
-
Due
to the high production cost and less demand for such vehicles Maruti has
stopped producing such vehicles.
-
At
present none of the car manufacturers are producing the separate cars for the
disabled peoples.
-
It
has created lot of confusion and problem among those who have already owning
the vehicles and those who are aspiring to have their own vehicles.
-
In
such cases where the applicant has to get their vehicle modified according to
their requirement, how to get it certified, how to claim the exemption of road
tax extended by the government and how to register such vehicles with the RTO
as Invalid Carriage Vehicles?
In view of the above points and to permanently solve the
confusion and problems being faced by the disabled people the Commissioner has
advised to consider the application of M/s.Galaxy System as per the rules laid
down by the government and authorize them to conduct modification of vehicles.
As per Reference (2) above the applicant Mr.Shiva Prasad,
M/s.Galaxy Systems, Bangalore – 40 with his letter Dtd.14-10-2011 has produced
the following documents and has requested to authorize their firm to conduct
modification of vehicles for disabled.
1)
Profile
regarding mobility solutions for disabled.
2)
Copy
of Certificate of Importer-Exporter Code (IEC) vide IEC No.0710034610
Dtd.28-3-2011 issued by the DGFT, C&E Wing, Kendriya Sadana, Bangalore -34.
3)
Copy
of VAT Certificate vide TIN No.29650288084 Dtd.16-3-2011
4)
Copy
of Training Certificate issued by M/s .Kivi SRL, Italy for having successfully
completed the training for installation and servicing of mobility devices.
5)
Copy
of ISO Certificate issued to M/s. Kivi SRL, Italy for design, Mfr, Sales and
Installation of driving devices, aids and their related spare parts for the
disabled.
6)
Copy
of Certificate issued by Ministry of Transport, Italy to M/s. Kivi SRL, Italy
for their driving devices.
7)
Copy
of the letter No.RT-11017/07/2011-MVL Dtd.5-5-2011 of MORTH, New Delhi.
8)
Copy
of the Circular Memo 4/1668/S/09 Dtd.29-1-2011 of the Transport Commissioner,
Hyderabad, AP.
As per Central Motor Vehicle Act 1989 under Rule 126 there
is no permission to conduct any modification/alteration to basic structure and
technology of the vehicle as certified by any testing agency. But without doing any changes to basic
structure and technology for the purpose of disabled people the additional
devices are fixed, that means the permission can be granted if the modification
/ alteration is conducted without violating Section 52 of Motor Vehicle
Act 1988. Till date the State Government has not
recognized any firm as Authorized Workshop to conduct modification / alteration
of vehicles for the physically disabled people.
Hence, it is informed to Regional Transport Officer,
Bangalore (West) as per Reference (3) to conduct verification whether
M/s.Galaxy Systems, Bangalore have all the technology, equipment’s and basic
infrastructures to conduct modification.
Accordingly Regional Transport Officer, Bangalore (West) as
per his letter Dated 28-11-2011 has
enclosed his office Senior Motor Vehicle Inspectors Report. As per the said report M/s.Galaxy System,
Bangalore has been inspected and found that as per the records the said firm
has all the equipment’s and infrastructures, further it is observed that the
firm is not making any modification to any part of engine or gear box while
carrying out the modification/alteration and are fixing all the devices
externally and with this there is no violation of Section 52 of Motor Vehicle
Act, 1988. Hence, the said firm can be authorized to conduct modification of
vehicles for physically disabled people and it has also been confirmed by the
RTO.
Accordingly, it is requested by this office as per
Reference (6) to issue an order at the Government Level to authorize this firm
to conduct modification/alteration of the vehicles for the physically disabled
people.
For the said proposal as per Reference (7) letter the
Government has given approval to authorize M/s.Galaxy System, # 1/1, 7th
Cross, 2nd Main, Govindarajanagar, Vijayanagar, Bangalore -560040 to
conduct modification of vehicles for physically disabled people.
In the Motor Vehicle Act, 1988 Section 2(18) the Invalid
Carriage has been described as follows:
“Invalid
Carriage” means motor vehicle especially designed and constructed for the use
of a person suffering from some physical defect or disability and used solely
by or for such a person.
Section 52 of Motor Vehicle Act, 1988 was amended in the
year 2000 to impose ban on alteration of motor vehicles to ensure that the
vehicles conforms to the originally approved prototype. Consequently, the registering authorities
stopped the registration of modified/altered vehicles. Proviso to Section 52(1), however, empowers
the Central Government to grant exemption for alteration of motor vehicles in a
prescribed manner for a specific purpose.
As per letter No.RT-11017/07/2011-MVL Dtd.5-5-2011 of the
MORTH, New Delhi addressed to all the States and UT’s, the following opinion is
expressed:
3. In fact, it is
the responsibility of the concerned State Governments to identify and authorize
such workshops for the convenience of physically challenged persons. In case, this is not possible, the states
will have to inspect the vehicles before registration and satisfy themselves
that such modified vehicles are not safety hazards.
4. As far as 4
wheelers are concerned, the no. of such cases not being very large, the
Ministry has been granting exemption on a case to case basis on the
recommendations made by the concerned State Governments. Recently, this Ministry has received a
request form Govt. of Maharashtra to authorize the State Govt. to issue
permission for such alteration in the four wheelers retrofitted by authorized
retrofitters so that delay in issuing permission could be avoided and the need
of physically challenged person could be at addressed. It has also been brought to the notice of
this Ministry that the Retro fitment/adoption kit do not modify/change the
originality of the vehicle except mere adoption/convenience whereby a driver
does not need to use his hands to operate the brake or accelerator (in case of
Auto Clutch Kit) or uses his hand to operate the brake or accelerator (in case
of Hand Control Kit). There is no
modification made in the engine or the gearbox.
The original pedals are also not modified or removed and also none of
the parameters entered in the Registration Certificate of the vehicle are
affected or changed.
5. In view of the
above it is suggested that the concerned authority in the States may
inspect the vehicle and in case the alteration does not attract the provisions
of Section 52 of the MV Act, 1988
the same need not be referred to this Ministry.
Hence, as per the direction of the Government vide
Reference (7) Letter it is directed take steps to register the vehicles
modified and certified by M/s.Galaxy
System, # 1/1, 7th Cross, 2nd Main, Govindarajanagar,
Vijayanagar, Bangalore – 560040 without causing damage to basic design and
structure of the vehicles for the benefit of the physically disabled people
based on their requirement. Based on such certification the registering
authorities have to verify the modification conducted in the vehicle and also
to conduct driving test of the person who had got vehicles modified for
himself/herself. After confirming all
the above such vehicles may be registered as “Invalid Carriage” as per the
rules.
Sd/-
Commissioner for Transport
Bangalore
Copy
to:
1)
All the Registering Authorities of State
2)
All
the Sub-Regional Transport Officers and Joint Commissioners of Transport.
3)
The
Director General and Inspector Generals of Police, Bangalore.
4)
The
Commissioner of Police, Infantry Road, Bangalore
5)
Sri.Shiva
Prasad, Proprietor, Galaxy System, # 1/1, 7th Cross, 2nd
Main, Govindarajanagar, Vijayanagar, Bangalore -560040
6)
The
Commissioner State Disabled People, No.40, Tambuchetty Road, Cox Town,
Bangalore – 560005.
