Karnataka Govt. have given approval to kit which enables the disabled to drive their vehicle themselves.

GOVERNMENT OF KARNATAKA

TRANSPORT DEPARTMENT

                                                                                        Office of the Transport Commissioner

                                                                    5^th 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, 7^th Cross, 2^nd 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, 7^th Cross, 2^nd 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, 7^th Cross, 2^nd Main, Govindarajanagar, Vijayanagar, Bangalore -560040

6)      The Commissioner State Disabled People, No.40, Tambuchetty Road, Cox Town, Bangalore – 560005.