July 3, 2025
In its decades-long campaign on the right to clean air, CSE has never recommended the phase-out of personal vehicles based on age. Instead, we have recommended the improvement of fuel and emission standards for vehicles – from BS-0 in mid-1990s to BS-6 introduction in 2020.
Furthermore, we have recommended and advocated for an improved and stringent Pollution-under-Control (PUC) regime to ensure that on-road vehicles are maintained; including with the use of remote sensing technologies to monitor emissions and identify the worst polluters. We know that vehicles, including personal vehicles,contribute the bulk of toxic air emissions and therefore, we have also recommended for massive augmentation of public transport and mobility systems, and vehicle restraint measures like increased parking rates and parking management area plans. It is only in the case of commercial vehicles like trucks that CSE has researched and recommended targeted fleet renewal and scrappage, but this also with incentives for commercial vehicle owners to replace fleets.
The details of our position and also a chronology of how/who directed the age-related phase out is given below:
In the wake of the recent controversy over the phase-out of the old personal vehicles in Delhi (10 year old diesel vehicles and 15 year old petrol vehicles), Centre for Science and Environment states that it has always engaged on air pollution and public health risks, and has consistently recommended a range of interventions to reduce the toxic emissions and improve ambient air quality. Official estimates in Delhi show that vehicles are the top contributors to the city’s air quality.
To curb vehicular pollution, the CSE has consistently pushed for advancement in emissions standards to improve technologies and fuels, promotion of clean fuels, strengthening of on-road emissions monitoring through a robust PUC system and adoption of remote sensing monitoring and automated vehicle testing centres for identification of the most polluting and unfit vehicles;Incentives and disincentivesfor a phase out;Fiscal disincentives for polluting diesel vehicles;Targeted electrification of vehicle fleet;Strengthening of integrated public transport systems with improved last mile connectivity and parking restraint measures; and regulations of movement of polluting genre of vehicles in low emissions zones like the restrictions on truck entry in Delhi which is a critically polluted area.
With respect to fleet renewal and age cap on vehicles, CSE has a clear position. It has not advocated for measures like mandatory age cap on personal vehicles but advocated a range of measures including identification of the worst polluters and unfit vehicles on the road with the help of improved testing systems, incentive and disincentives for targeted fleet renewal, and establishment of criteria for declaring end-of-life vehicles for scrappage and material recovery, and to enable targeted fleet renewal.
In its own detailed evaluation of this matter in the year 2020, (CSE report -- What to do with old vehicles? Towards effective scrappage policy and infrastructure) CSE has stated – "Prioritise old heavy-duty diesel trucks and buses for scrappage due to their disproportionately high emissions…. Adoption of clear age and performance-based criteria by defining ELVs not only by age but also based on fitness, emissions performance, and roadworthiness, ensuring that unfit vehicles of any age are also scrapped…. Encourage voluntary scrappage through incentive programmes targeting older vehicles (particularly commercial) and link benefits to adoption of BS VI or electric vehicles for greater emissions gains. It has further stated -- If the scope of this programme is being extended to personal vehicles, including two-wheelers and cars, linking the incentives with targeted electrification of the vehicle segment to enable India to accelerate the pathways to the target of 30–40 per cent electrification of the fleet by 2030.”
The age-cap on personal vehicles has never been part of CSE’s roadmap. This is not a scalable strategy for the entire country. It may also be noted that grossly polluting vehicles can also fall under different or newer age brackets due to inherent technical problem and lack of maintenance. Only age cap cannot address this problem.
The national level policy and measures are already taking shape with the Ministry of Road Transport and Highways(MoRTH) issuing a series of notifications on end-of-life criteria, testing requirements for fitness and roadworthiness, incentives and disincentives for scrappage for emissions reduction and material recovery etc. The state level roadmap for its implementation needs to be upscaled.
With respect to the fleet renewal, CSE has advocated for:
To demystify and deepen the public understanding of the way regulatory action has evolved in Delhi and nationally to address the phase out of old personal and commercial vehicles, a chronology of policy development is presented below.
Chronology of policy development on phase-out of old personal vehicles
April 2015: The directive of the National Green Tribunal (NGT) on April 7,2015,(in Original Application No. 21 of 2014 and Original Application No. 95 of 2014—Vardhaman Kaushik vs. Union of India & Others and Sanjay Kulshrestha vs. Union of India & Others): This directive had ordered a ban on the operation of all diesel vehicles older than 10 years and petrol vehicles older than 15 years in Delhi-NCR. The NGT directed that such vehicles must be deregistered or scrapped.[i]This included both personal and commercial vehicles.
October 2018: The Supreme Court, in continuation of earlier directions, reiterated in its 29 October 2018 order (M.C. Mehta vs. Union of India, W.P. (C) No. 13029 of 1985) that diesel vehicles older than 10 years and petrol vehicles older than 15 years must not be allowed to operate in the NCR, reinforcing the NGT’s earlier directive[ii]. The order of the National Green Tribunal was challenged in this Court and the Civil Appeal was dismissed.
The order stated that, “The Transport Departments of NCR will immediately announce that all the diesel vehicles more than 10 years’ old and petrol vehicles more than 15 years’ old shall not ply in NCR in terms of the order of the National Green Tribunal dated 07.04.2015. Vehicles violating the order will be impounded. The list of such vehicles should be published on the websites of the Central Pollution Control Board (CPCB) and the Transport Departments of NCR. Similarly, a meaningful advertisement should be published in a local newspaper for the convenience of the owners of the vehicles.”
January 2022: Following the Judicial directives, Delhi Transport Department moved to deregister all such vehicles that had completed or would complete 10 or 15 years by 1 January 2022. An order dated 29 December2021, mandated immediate impounding of any deregistered vehicle found on the road[iii].
August 22, 2023: Delhi Government launched enforcement drives to seize illegally plying or publicly parked vehicles. This triggered legal challenges from owners questioning the legality of forced seizures. Responding to these concerns, the Delhi High Court, on 22 August 2023, directed the government to formulate a policy allowing citizens to reclaim their vehicles after paying the penalty and providing a written undertaking for not operating them within the city[iv].
2024: Delhi government issued the “Guidelines for Handling End of Life Vehicle in Public Places, 2024”.[v] These guidelines allow residents to retrieve impounded ELVs by paying a fine and submitting an undertaking that the vehicles will not be driven within Delhi and will be parked in private parking spaces. Enforcement agencies are now authorised to remove such ELVs from public spaces and hand them over to Registered Vehicle Scrapping Facilities (RVSFs) if they meet scrappage criteria. The Transport Department has partnered with 12 RVSFs across different MCD zones to carry out this task. The SOPs also outline procedures for relocating vehicles outside Delhi-NCR or parking them privately, and these apply equally to vehicles registered outside the city.
October 2024: The Delhi Transport Department, in its Gazette Notification dated 15 October 2024, provides concessions in the Motor Vehicles Tax on the registration of new transport and non-transport vehicles, when an old vehicle is scrapped. Vehicle owners must present a Certificate of Deposit (COD) from a Registered Vehicle Scrapping Facility to avail the benefit. The concession is linked to the scrap value and is capped at 50 per cent of that value. This measure aims to promote voluntary scrappage and the adoption of cleaner vehicles[vi].
April 2025: The Commission for Air Quality Management (CAQM) in the National Capital Region and Adjoining Areas further issued Direction no 89 dated 23 April 2025[vii]. This states all End-of-life vehicles identified through the ANPR cameras or other such systems installed at the fuel pump stations shall be denied fuelling w.e.f. 01.07.2025 in the NCT of Delhi, w.e.f. 01.11.2025 in 5 HVD districts of Gurugram, Faridabad, Ghaziabad, Gautam Budh Nagar and Sonipat and w.e.f. 01.04.2024 in the rest of NCR. The CAQM has directed to NCR states that appropriate action may be initiated against all such End-of-Life Vehicles/overaged vehicles either plying on roads or parked in public places in pursuance of Supreme Court's and NGT orders referred to above.
At the national level:
March 2021 – National notification: The Ministry of Road Transport and Highways (MoRTH), through its March 2021 notifications, issued G.S.R. 190 (E) dated 15 March 2021, laid out the regulatory framework for Registered Vehicle Scrapping Facilities (RVSFs) under the Draft MV Rules, 2021. These rules define eligibility criteria, procedural norms for dismantling, and integration with national databases like VAHAN. MoRTH issued G.S.R 220 (E) dated 26 March, 2021, a structured tax concession framework was introduced to incentivise voluntary scrappage of old transport and non-transport vehicles.[viii][ix]
Reference to the age criteria: Under the policy, the fitness of commercial vehicles will be assessed through Automated Fitness Centres. While private vehicles will be deemed unfit if their registration is not renewed after 15 years. Vehicles failing these criteria will be classified as End of Life Vehicles (ELVs). Key features of the policy include i) Commercial vehicles will be de-registered after 15 years if they fail the fitness test. ii) Private vehicles will be de-registered after 20 years if found unfit or if the registration certificate is not renewed. iii) All government vehicles, including those of the Centre, states, PSUs, municipalities, and autonomous bodies, will be mandatorily scrapped after 15 years from the date of registration.
To encourage voluntary scrapping, the scheme offers incentives to vehicle owners, including i) Scrap value of approximately 4–6% of the ex-showroom price of a new vehicle ii) Road tax rebate of up to 25% for personal vehicles and 15% for commercial vehicles (to be advised to states) iii) 5% discount on new vehicle purchase from manufacturers against a valid scrapping certificate iv) Waiver of registration fees on new vehicles purchased with a scrapping certificate.
April 2022: The MoRTH issued G.S.R 272 (E) dated 5 April 2022, mandates that the fitness shall be done only through an Automated Testing Station (ATS) registered following rule 175 for the recognition, regulation, and control of Automated Testing Stations (ATS). The MoRTH made fitness testing mandatory for Heavy Goods Vehicles/Heavy Passenger Motor Vehicles with effect from 01st April 2023 onwards, and for Medium Goods Vehicles/Medium Passenger Motor Vehicles and Light Motor Vehicles (Transport) with effect from 01st June 2024 onwards. But due to inadequate number of ATS across states the mandatory testing of Transport Vehicles from 01st October 2024 deadline has been extended again to 01st April 2025 through G.S.R 709 (E) dated 14 November 2024. In the meantime government vehicles continued to be phased out over 15 year old.
September 2021- The G.S.R 653 (E) notification dated 23 September 2021, defined end of life vehicles: -- End-of-Life Vehiclesmeans all vehicles which are no longer validly registered or declared unfit through Automated Fitness Centres or their registrations have been cancelled under Chapter IV of the Act or due to an order of a Court of Law or are self-declared by the legitimate registered owner as a waste vehicle due to any circumstances as specified in these rules; Criteria for scrapping of vehicles include (ii) Vehicles which have not been granted a certificate of fitness in accordance with rule 62 of the Central Motor Vehicles Rules, 1989.[x]
October 2021: The MoRTH’s Vehicle Scrapping Policy outlines incentives and disincentives to encourage voluntary scrappage. It also sets up a regulatory framework for Registered Vehicle Scrapping Facilities (RVSFs), notified through GSR 653(E) dated 23 September 2021, and amended via GSR 695(E) on 13 September 2022 and G.S.R. 720 (E) on 5 October 2021 (ELV criteria is based on vehicle fitness test. Notified concessions and incentives to scrap old vehicles. This includes a concession in motor vehicle tax for vehicles purchased against a "Certificate of Deposit" issued under the Vehicle Scrappage Policy. This concession can be up to 25% for non-transport vehicles and up to 15% for transport vehicles.[xi] MORTH has finalised the priority emission-norm compliant categories. Discount in registration charges are up to fifty per cent, against such certificate for all transport and non-transport vehicles which are manufactured as per Mass Emission Standards Bharat Stage I (BS-I) norms and earlier Mass Emission Standard norms and all medium and heavy goods motor vehicles and all medium and heavy passenger motor vehicles which are manufactured as per Mass Emission Standards Bharat Stage II (BS-II) norms.[xii]
This notified the rules for recognition, regulation and control of Automated Testing Stations.[xiii]Revision of registration and fitness fee were also increased as per notification by MORTH (G.S.R 714 (E) on October 04, 2021; this notification provides for upward revision of registration fee, fitness testing fee and fitness certification fee of vehicles. The notification has come into force with effect from 1st April, 2022.[xiv]
There is also a provision of retest and appeal to the appellate authority for reconsideration after failing in the fitness test. Vehicles ultimately failed after above procedure shall be marked as End-of-life vehicles (ELVs)
2025: The Ministry of Environment, Forest and Climate Change (MoEF&CC) notified the Environment Protection (End-of-Life Vehicles) Rules, 2025 vide S.O. 98(E) dated January 06, 2025 for environmentally sound management of end-of-life vehicles.[xv]
[i]Anon., 7 April 2015, BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Original Application No. 21 of 2014 and Original Application No. 95 of 2014, accessed at https://greentribunal.gov.in/gen_pdf_test.php?filepath=L25ndF9kb2N1bWVudHMvbmd0L2Nhc2Vkb2Mvb3JkZXJzL0RFTEhJLzIwMTUtMDQtMDcvY291cnRzLzEvZGFpbHkvMTU5MjIxMTc5MjIwMzk1NzI3NzE1ZWU3Mzk1MGVjOThhLnBkZg==
[ii] Anon., 29 October 2018, M.C. Mehta vs. Union of India, W.P. (C) No. 13029 of 1985, accessed at https://api.sci.gov.in/supremecourt/1985/63998/63998_1985_Order_29-Oct-2018.pdf
[iii] Anon., 29 December 2021, GOVERNMENT OF NCT OF DELHІ TRANSPORT DEPARTMENT (OPERATIONS BRANCH), Circular, accessed at https://transport.delhi.gov.in/sites/default/files/transport_data/Circular%2010%20Years%20old%20Diesel%20Vehicles%20and%20more%20then%2015%20Yearold%20Petrol%20Vehicles.pdf
[iv] Anon., 22 October 2023, CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN, Order Delhi High Court, accessed at https://delhihighcourt.nic.in/app/showlogo/100018511692883886767_35815_2023.pdf/2023
[v] Anon., 20 February 2024, Guidelines for Handling End of Life Vehicles in Public Places of Delhi, 2024, Govt of National Capital Territory of Delhi Transport Department, accessed at https://transport.delhi.gov.in/sites/default/files/Transport/circulars-orders/guidelines_for_handling_elvs_of_delhi_2024.pdf
[vi] Anon., 15 October 2024, F. No. DC/OPS/TPT/2022/390/21, Transport Department Notification, accessed at https://transport.delhi.gov.in/sites/default/files/Transport/circulars-orders/gazette_notification_dated_15oct24.pdf
[vii] Anon., 23 April 2025, Direction No 89, COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAI RDGION AND ADJOINIIIG AREAS, accessed at https://caqm.nic.in/WriteReadData/LINKS/Direction%20No-898c0787f7-417b-4b2c-a8d5-7bbfe01c41aa.pdf
[viii] Anon., 15 March 2021, G.S.R. 190(E), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION, accessed at https://morth.nic.in/sites/default/files/notifications_document/RVSF%20Notification.pdf
[ix] Anon., 26 March 2021, G.S.R. 220(E)., MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION, accessed at https://morth.nic.in/sites/default/files/notifications_document/GSR%20220.pdf
[x] Anon., 5 October 2021, G.S.R. 720(E), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION, accessed at https://morth.nic.in/sites/default/files/notifications_document/230189%20%281%29.pdf
[xi] MORTH October 05, 2021, Notification GSR 720 (E) regarding concession in the motor vehicle tax. The notification has come into force with effect from 1st April, 2022.
[xii] MORTH March 26, 2025, Notification G.S.R. 200(E), https://morth.nic.in/sites/default/files/notifications_document/2-GSR%20200(E)%20dated%20the%2026th%20March%202025.pdf
[xiii] MORTH September 13, 2022, Notification GSR 652 (E) regarding recognition, regulation and control of Automated Testing Stations. The notification has come into force with effect from September 25, 2021
[xiv] MORTH October 04, 2021, Notification GSR 714 (E) provides for upward revision of registration fee, fitness testing fee and fitness certification fee of vehicles. The notification has come into force with effect from 1st April, 2022.
[xv] MOEF&CC January 06, 2025, Notification S.O. 98(E) End-of-Life Vehicles (Management) Rules, 2025
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