Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 38, 39, 40 and Rule 41

CHAPTER III
REGISTRATION OF MOTOR VEHICLES
Rules 38, 39, 40 and 41
                                                                        
38. Issue of duplicate certificate,- (1) If at any time the trade certificate is lost or destroyed, its holder shall report to the police station in the jurisdiction of which  the loss or destruction has occurred and intimate the fact in writing to the registering authority by whom the certificate was issued and apply in form 18 to the said registering authority for  a duplicate certificate accompanied by the appropriate fee as specified in Rule 81.

(2) On receipt of an application along with the fee, the registering may issue a duplicate trade certificate clearly marked “Duplicate”.

(3) If after the issue of a duplicate certificate the original is traced, the same shall be surrendered forthwith to the registering authority by which it was issued.

39. Use of trade registration mark and number,- (1) A trade registration mark and number shall not be used upon more than one vehicle at a time or upon any vehicle other than a vehicle bona fide in the possession of the dealer in the course of his business or on any type of vehicle other than the one for which the trade certificate is issued.

(2)  The trade certificate shall be carried on a motor vehicle in a weather proof  circular folder and the trade registration mark shall be exhibited in a conspicuous place in the vehicle.

40. Restriction on use of trade certificate or trade registration mark and number,- A trade certificate shall be used only by the person to whom it is issued and such person shall not allow or offer or cause the  certificate of the number assigned in connection therewith to be used by any other person:

                Provided that the provision of this rule shall not apply where the person to whom the certificate is granted, or a person bona fide in his employment and acting under his authority, or any other person bona fide acting on behalf of the holder of a trade certificate is present in the vehicle, or if such vehicle is designed for use by only one person and is being used by a prospective purchaser of that vehicle for the purpose of reasonable test or trial.

41.  Purpose for which motor vehicle with trade certificate may be used,- He holder of a trade certificate shall not use any vehicle in a public place under that certificate for any purpose other than the following:-
   (a) for test, by or on behalf of the holder of the trade certificate during the course of, or after completion of, construction or repair; or
(b) for proceeding to or returning from a weigh bridge for or after weighment, or to and from any place for its registration; or
© for a reasonable trial or demonstration by or for the benefit of a prospective purchaser and for proceeding to or returning from the place where such person intends to keep it; or
(d) for proceeding to  or returning form the premises of the dealer of the purchaser or of any other dealer for the purpose of delivery;  or
(e) for proceeding to or returning from a workshop with the objective of fitting a body to the vehicle or painting or for repairs; or 
(f) for proceeding to or returning from airport, railway station, wharf, for or after being transported; or
(g) for proceeding to or returning from an exhibition of motor vehicles or any place at which is to be or had been offered for sale; or
(h) for removing the vehicle after it has been taken possession of by or on behalf of the financier due to default on the part of the other party under the  provisions of an hire-purchase, lease, or hypothecation

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