Critically evaluate the recent amendments to the Central Motor Vehicles Rules, 1989 in enabling barrier-less tolling.

Q. Critically evaluate the recent amendments to the Central Motor Vehicles Rules, 1989 in enabling barrier-less tolling. (15 marks, 250 words)

The Central Motor Vehicles (Second Amendment) Rules, 2026 shift toll enforcement from physical barriers to post-facto digital recovery, forming the legal backbone of the Multi-Lane Free Flow (MLFF) system launched on NH-48 [1][2]. They are enabling, yet incomplete.

Enabling merits - Plugging the legal gap: define "unpaid user fee" — where the ETC system records a vehicle's passage but the fee is not received — giving recovery a firm basis once barriers vanish [1]. - Compliance leverage: link clearance of dues to the NOC for ownership/inter-state transfer and Certificate of Fitness renewal, with mandatory disclosure in Form 28 — a strong evasion deterrent [1]. - Efficiency dividend: underpin barrier-less flow that cut operational cost from ~15% to 3–4% (~₹6,000–7,000 crore saved annually) and ~81,000 tonnes of CO₂, easing the ~41,500-vehicle Day-1 flow at Chorayasi [3][2].

Critical limitations - Subordinate, not statutory: recovery rests on rules under the National Highways Act, 1956, not a dedicated enforcement statute, inviting legal challenge. - Data dependence: accuracy hinges on VAHAN records and ANPR reads; cloned, obscured or misread plates risk wrongful demands. - Privacy vacuum: mass ANPR capture proceeds without a matching data-safeguard notification under DPDP principles. - Federal friction: fitness and transfer levers sit with states, demanding Centre–state coordination.

By converting a technological pilot into an enforceable regime, the amendments are a necessary reform. Pairing them with statutory clarity, database audits and privacy safeguards would make barrier-less tolling both efficient and citizen-trusted.

(~250 words)

Sources: 1. Government of India Amends Central Motor Vehicles Rules to Strengthen User Fee Payments (PIB) — "unpaid user fee" definition; NOC, Fitness Certificate and Form 28 linkages 2. Union Minister Nitin Gadkari Launches India's First MLFF Barrier-less Tolling System in Gujarat (PIB) — MLFF launch on NH-48; ~41,500 vehicles at Chorayasi 3. Barrier-less Tolling System to Transform Highway Travel, Reduce Pollution and Improve Efficiency: Shri Nitin Gadkari (PIB) — operational cost 15%→3–4%, ~₹6,000–7,000 crore savings, ~81,000 tonnes CO₂ cut