Noise Regulation in India [Alignment with UNR 41-04]

SIAM – JAMA Two-Wheeler Group Meeting 21st November 2013, Tokyo

Noise Regulation (Current status)

• In the SIAM-JAMA meeting in 2012:

– SIAM had presented the gist of SIAM proposal for revision of noise standard IS 3028.

– The following suggestions have been accepted by Technical Committee of BIS has been cleared for printing:

1. ASEP is optional requirement for all category of vehicles.

2. Indian administrative changes are incorporated.

3. Requirement related to fibrous material is not applicable for paper & foam filters

4. Provision for Stationary noise is not included in the revised standard.

5. Transitory Provision for Implementation incorporated in draft standard.

India Specific Change Points

1/3

Status of Standard Printing at BIS is still not known.

1. Standard Finalized by BIS (TED 4)

2. Printing of Standard by BIS Many other documents are pending at BIS for printing for a long time

3. Discussion and Finalization of Implementation time [AISC & CMVR TSC Approval]

4. Draft notification by MoEF (Ministry of Environment & Forests)

5. Under circulation for Public Consideration

6. Final Notification by MoEF

7. CMVR Notification by MoRTH

8. Implementation as per agreed road map

Noise Regulation – Future Steps 2/3

Tentative List of Activities for Implementation

Noise Regulation - JAMA Queries 3/3

Question By JAMA Answer by SIAM

• What is the progress of the planned

transition from the current noise

regulation (IS 3028-1998) to UN/ECE

40-04

• Will the transition of noise regulation

take place about the same time as the

entry into force of the next exhaust

emissions regulation (BHARAT-5)?

a) Further action on implementation,

lead-time etc. will be discussed only

after the standard is printed.

b) Prediction of implementation time is

very difficult as:

Two ministries are involved in the decision making: 1. Ministry of Road Transport &

Highways 2. Ministry of Environment & Forests

Harmonization of vehicle construction requirements

SIAM – JAMA Two-Wheeler Group Meeting 21st November 2013, Tokyo

Harmonization of vehicle construction requirements 1/3

Question By JAMA Answer by SIAM

Please give us the latest information on

India’s efforts to adopt UN Regulations

with regard to vehicle construction

requirements (lamps, mirrors,

speedometers).

a) As informed earlier, the standard for

lamps and lighting devices, mirrors have

been already aligned with the ECE

regulations prevailing that time.

b) IS 11827 (speedometer) has also

been aligned with UNR 39.

Notification for these standards are still

pending.

S.N. Standard Aligned

To CMVR-TSC approval

Standard

Notification

lead time (after notification)

2010 2011 2012 2013

1. AIS 001:2011

(Mirror Performance) UNR 81 Feb 2011 Nov 2011

NM: 18 Months

EM: 24 Months

2. AIS 002:2011

(Mirror Installation) UNR 81 Feb 2011 Nov 2011

NM: 18 Months

EM: 24 Months

3. AIS 009:2011

(Light Installation) UNR 53 Feb 2011 Nov 2011

NM: 24 Months

EM: 48 Months

4. AIS 010:2010

(light Performance)

UNR 48, 50, 98,

112, 113 Oct 2010 Nov 2011

NM: 24 Months

EM: 48 Months

5. AIS 034:2010

(Automotive Bulbs)

UNR 37, 99

Oct 2010 Nov 2011 NM: 18 Months

EM: 24 Months

6. AIS 057:2010

(Reflex Reflector) UNR 3 Oct 2010 Nov 2011

NM: 18 Months

EM: 24 Months

7. IS 11827 UNR 039 Jan 2010 Feb 2013 (Draft Notification)

NM: 12 Months

EM: 12 Months

More than 2.5 yrs. since the standards were approved in CMVR TSC.

32 Months

32 Months

32 Months

36 Months

36 Months

36 Months

CMVR TSC

45 Months

Harmonization of vehicle construction requirements 2/3

SIAM prefers not to propose any changes to these AIS/IS till these standards are notified.

Harmonization of vehicle construction requirements 3/3

Transitional Provision Permits:

1. Approval as per revised standard in place of the old standard.

2. Changes in ECE issued as Supplements:

(i.e. as per ECE old type approval continue to valid)

Allowed to be used for certification with the permission of AISC Chairman.

3. Changes in ECE issued as “Series of amendments”

(i.e. as per ECE re type approval is required)

Certification Not Permitted

India’s unique requirements

SIAM – JAMA Two-Wheeler Group Meeting 21st November 2013, Tokyo

India’s unique requirements 1/3

Question By JAMA Answer by SIAM

India still has its unique (not globally

recognized) requirements; for example,

AIS 103 2009 mudguards, CMVR 123

safety devices, AIS 003 1999 hill-climbing

ability, CMVR 138 additional vehicle

safety measures. While these

requirements may reflect India’s inherent

driving environment, are there any

unique requirements that are becoming

no longer necessary or useful?

There are two types of unique requirements in India.

1. Non ECE, Indian Unique

requirements covered by

Individual standards

2. The special subjects, examples

as quoted by JAMA

Abolishing the first type is the top priority for SIAM.

• Progress has been made on many standards, (e.g Light Standards) where

the non-ECE requirements have been removed in the revised versions.

• Similar exercise has been taken up for revising IS: 1884 (horn as a

component) to align with ECE.

India’s unique requirements 2/3

② The special subjects, examples as quoted by JAMA

① Non ECE, Indian Unique requirements covered by Individual standards

There are many cases of the 2nd type.

• These have been included for historic reasons.

• It will very difficult to abolish them.

• At present, there are no plans as of now by SIAM to get these removed from the legal requirement, except CMVR 138.

India’s unique requirements 3/3

Question By JAMA Answer by SIAM

Will CMVR 138(4)d be abolished if Draft

GSR 120 comes into reality? If so, when

will Draft GSR 120 be finalized and

issued?

a) Yes, it will be abolished when

final notification is issued.

b) There is no indication from

Government when the final

notification will be released.

State laws & requirements

SIAM – JAMA Two-Wheeler Group Meeting 21st November 2013, Tokyo

State laws & requirements 1/4

Question By JAMA Answer by SIAM

Recently the passenger holding

assemblies (IS 14495 1998) were rejected

by State registration offices even though

they were approved under CMVR. Is it

correct that items which satisfy CMVR

can be sold anywhere in India respective

of State laws and regulations?

a) It is legally correct that items which

satisfy CMVR can be sold any where

in the India irrespective of state

laws, on subjects covered by CMVR.

b) In the Motor Vehicle Act, Central

Govt. is authorized to make rules on

specified subjects. (List attached)

c) State Government can make rules on

subjects not covered by above list.

1. In the case 2 wheelers, State Governments generally has not notified any special rules.

Even if such a rule made by State Government existed, only CMVR is applicable.

2. But passenger hand hold assemblies are covered by CMVR and State rules are not applicable.

State laws & requirements 2/4

Question By JAMA Answer by SIAM

If any, please inform us of motorcycle

requirements established by any Indian

States independently, concerning for

example engine guards and helmet

hangers? Does SIAM consider it

necessary to incorporate those State

requirements into CMVR or abolish them

in the future?

a) As of now, SIAM is not aware of any

current provisions made by State

Governments.

b) In principle SIAM prefers not to

include such state rules into CMVR.

If it is possible to get them abolished, SIAM will be and have been working on that.

State laws & requirements 3/4

1. Examples in the Past for abolishing/deferring:

– Engine Guard: SIAM represented to MoRT&H against the requirement of one state on engine guard and the subject has been kept in abeyance.

– Auto Dipper: Abolishing the State rule, by representation from SIAM was the case of mandatory auto-dipper by Punjab State.

2. Example in the past for continuing the requirement in the affected states only:

– Helmet hangers (Lock) was a on order by High Court of a state.

– SIAM decision:

• Not necessary to fight the court order.

• Not necessary to Mandate helmet lock all India.

State laws & requirements 4/4

Question By JAMA Answer by SIAM

As in the above case where National and

State requirements differ, we would like

SIAM to behave as the motorcycle

industry representative of India and to

support JAMA in that capacity.

a) Query not understood clearly, so far

no specific request come from JAMA.

b) SIAM has been behaving as

motorcycle industry representative of

India in the past, whenever an issue

affects the industry.

E.g. SIAM had taken up the issue on

Saree Guard to Supreme Court, the

highest legal authority in India.

1. If the reference is the passenger holding assemblies, that issue was only for one member, that too to a particular area in a state.

2. SIAM will take up the issue with MoRTH if condition expands to the other part of country or to other members.

Approval 1/2

Question By JAMA Answer by SIAM

What are the reasons why the Indian

authorities are taking longer test periods

as compared to other countries? Can

motorcycle manufacturers provide any

support to help India shorten its approval

test periods?

a) Each Indian Certification agency has

their time targets .

b) It is not possible to pinpoint the

reasons for the time taken by Indian test

agencies.

c) Indian Motorcycle manufacturers will

not able to help other motorcycle

manufacturers to shorten the time.

d) In the case of components, it is up to

the motorcycle manufacturer to whom

the component is intended, to give

necessary help.

Approval 2/2

Question By JAMA Answer by SIAM

With regard to the expectation that India

will start or increase the approval of ECE-

approved parts and components India’s

preparations status to reduce the

amount of approval work and man hours

(e.g. simplification of administrative

procedures) ?

a) AIS 037, simplification of approval process was initiated.

b) AIS 037 prescribes granting approval based on • ECE approval • ECE 1st COP report • In some cases carrying out type

approval test only for specified parameters.

c) SIAM do not expect that authorities will agree for any further simplification

THANKS!