56.
Certificate of fitness of transport vehicles,- (1) Subject to the
provisions of sections 59 and 60, a transport vehicle shall be deemed to be
validly registered for the purpose of section 39, unless it carries a
certificate of fitness in such form containing such particulars and information
as may be prescribed by the Central Government, issued by the prescribed
authority, or by an authorized testing station mentioned in sub-section (2) to the
effect that the vehicle complies for the time being, with all the requirements
of this Act and the rules made thereunder.
Provided that whether the prescribed authority or the authorized testing
station refused to issue such certificate, it shall supply the owner of the
vehicle with its reasons in writing for such refusal.
(2) The
“authorized testing station” referred to in sub-section (1) means a
vehicle service station or
public or
private garage which the State Government having regard to the experience,
training and
ability of the
operator of such station or garage and the testing equipment and the testing
personnel therein, may specify in accordance with the rules made by the Central
Government for regulation and control of such stations or garages.
(3)
Subject to the provisions of sub-section (4), a certificate of fitness shall
remain effective for such period as may be prescribed by the Central Government
having regard to the objects of this Act.
(4)
The prescribed authority for reasons to be recorded in writing cancel a
certificate of fitness any
time, if
satisfied that the vehicle to which it relates no longer complies with the
requirements of this Act
and the rules
made thereunder, and on such cancellation the certificate of registration of
the vehicle and any permit granted in respect of the vehicle under chapter V
shall be suspended until a new certificate of fitness has been obtained.
Provided that no such cancellation shall be made by the prescribed authority
unless such prescribed
authority holds
such technical qualifications as may be prescribed or where the prescribed
authority does not hold technical qualification on the basis of the report of
an officer having such qualification.
(5)
A certificate of fitness issued under this Act shall , while it remains
effective, be valid throughout India.
57.
Appeals,- (1) Any person aggrieved by an order of the registering
authority under section 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may,
within thirty days of the date on which he has received notice of such order,
appeal against the order to the prescribed authority.
(2) The appellate authority shall give notices of the appeal to the
original authority and after giving an
opportunity to
the original authority and the appellant to be heard in the appeal pass such
orders as it thinks fit.
58.
Special provisions in regard to transport vehicles, - (1) The Central
Government may, having regard to the number, nature and size of the tyres
attached to the wheels of a transport vehicle (other than a motor cab), and its
make and model and other relevant considerations, by notification in the
Official Gazette, specify, in relation to each make and model of a transport
vehicle, the maximum gross vehicle weight of such vehicle and the
maximum axle weight of each axle of such vehicle.
(2)
A registering authority, when registering a transport vehicle, other than a
motor cab, shall enter in the record of registration and shall also enter in
the certificate of registration of the vehicle the following particulars,
namely,
(a) the unladen weight of
the vehicle,
(b) the number, nature and
size of the tyres attached to each wheel,
(c) the gross vehicle
weight of the vehicle and the registered axle weights pertaining to several
axles thereof; and
(d) If the vehicle is used
or adapted to be used for the carriage of passengers solely or in addition to
goods, the number of passengers for whom accommodation is provided.
and the owner of
vehicle shall have the same particulars exhibited in the prescribed manner on
the vehicle.
(3)
There shall not be entered in the certificate of registration of any such
vehicle any gross vehicle weight or a registered axle weight of any of the
axles different from that specified in the notification under sub-section (1)
in relation to the make and model of such vehicle and to the number and size of
the tyres attached to the wheels
Provided
that where it appears to Central Government that heavier weights than those
specified in the notification under sub-section (1) may be permitted in in a
particular locality for vehicles of a particular type, the Central Government
may by order in the Official Gazette direct that the provisions of this
sub-section shall apply with such modifications as may be specified in the
order.
59.
Power to fix the age limit of a motor vehicle, - (1) The Central
Government may, having regard to the public safety, convenience and object of
this Act, by notification in the Official Gazette, specify the life of a motor
vehicle reckoned from the date of its manufacture, after expiry of which the
motor vehicle shall not be deemed to comply with the requirements of this Act
and the rules made thereunder.
Provided
that the Central Government may specify different ages for different classes or
different types of vehicles.
(2)
Notwithstanding anything contained in sub-section (1), the Central Government
may, having regard to the purpose of a motor vehicle, such as, display or used
for the purpose of a demonstration in any exhibition, use for the
technical research or taking part in a vintage car rally, by notification in
the Official Gazette, exempt, by a general or special order, subject to such
conditions as may be prescribed in such notification, any class or type of
motor vehicle form the operation of sub-section (1) for the purpose to be
stated in the notification.
(3)
Notwithstanding anything contained in section 56, no prescribed authority or
authorized testing station shall grant a certificate of fitness to a motor
vehicle in contravention of the provisions of any notification issued under
sub-section (1)
60.
Registration of vehicles belonging to the Central Government,- (1)
Such authority as the Central Government may, by notification in the Official
Gazette, specify, may register any vehicle which is the property or for the
time being under the exclusive control of the Central Government and is used
for Government purposed relating to the defence of the country and unconnected
with any commercial enterprise and any vehicle so registered shall not, so long
as it remains the property or under the exclusive control of the Central
Government, require it to be registered otherwise under this Act.
(2) The
authority registering a vehicle under sub-section (1) shall assign a
registration mark in accordance with provisions contained in the rules made in
this behalf by Central Government and shall issue a certificate in respect of
that vehicle to the effect that such vehicle for the time being complies with
all the requirements of this Act and the rules made thereunder and that the
vehicle has been registered under this section.
(3) A
vehicle registered under this section shall carry the certificate issued under
sub-section (2)
(4)
If a vehicle registered under this section ceases to be the property of or
under the exclusive control of the Central Government, the provisions of
section 39 and 40 shall thereupon apply.
(5)
The authority registering a vehicle under sub-section (1) shall furnish to any
State Government all such information regarding the general nature, overall
dimensions and axle weights of the vehicle at any time as the State Government
may require.
No comments:
Post a Comment
Ask your questions or add your valuable comments here.