Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 69

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 66, Rule 69

69. Power of registering authority to suspend or cancel the letter of authority or forfeit security deposit,- (1) If the registering authority is satisfied after giving notice to the holder of a letter or authority  an opportunity of being heard, that he has-

                (a) failed to maintain the equipment, machinery and apparatus referred to in sub-clause (e) of sub-rule (3) in good condition; or

                (b) failed to  comply  with other requirements laid down in sub-rule (3) of Rule 63; or

                © failed to observe correct standards of testing before granting or renewing  certificate of fitness as noticed at the time of test-checking referred to in Rule 67 or the frequency  of accidents involving transport vehicles covered by certificate of fitness granted or renewed by the authorized testing station attribute to any mechanical defect of the vehicle, it may –

(a)    Suspend the letter of authority for a specified period; or

(ii)  cancel the letter of authority; or

(iii) order forfeiture of the security  deposit furnished by the authorized testing station.

 (2) Where the letter of authority  is suspended or cancelled under sub-rule (1), the holder of the letter of authority shall, within thirty days of the receipt of the order of forfeiture, remit to the registering authority an amount ordered to be forfeited so that the requirement of sub-rule (2) of Rule 63 in relation to deposit of the security is complied with.

70. Appeal,- Any person aggrieved by an  order of the registering authority under sub-rule (5) or sub-rule (1) of Rule 63 or sub-rule (1) of Rule 68, may, within 30 days of the receipt of the order, appeal to the Head of the Motor Vehicles Department of the State Government established under section 213.

71. Procedure for appeal,- (1) An appeal under Rule 70 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objections to the order of the registering authority and shall be accompanied by the appropriate fee as specified in Rule 81 and  a certified copy of such order.

(2) The appellate authority may,  after giving an opportunity to the parties to be heard and after such enquiry as it may deem necessary, pass an appropriate orders.

72. Voluntary surrender of letter of authority,- (1) The holder of a letter of authority may, at any time, surrender the letter of authority issued to him, to  the registering authority which has granted the  letter of authority and on such surrender, the  registering authority shall cancel the  letter of authority forthwith.

73. Tax clearance certificate to be submitted to the testing station,- No authorized testing station shall accept an application for grant or renewal of a certificate of fitness, unless the same is accompanied by a tax clearance certificate in such form as my be specified  by the State Government, from the Regional Transport Officer, or Motor Vehicle Inspector having jurisdiction in the area to the effect that the vehicle is not in arrears of motor vehicle tax or any compounding fee referred  to in sub-section (5) and (6) of section 86.

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 66, Rule 67 and Rule 68

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 66, Rule 67 and Rule 68

66. Issue of duplicate letter of authority,- (1) If at any time the letter of authority  granted or renewed under sub-rule (5) of Rule 63 is lost or destroyed, the holder of the letter of authority shall report to the police station in the jurisdiction of the loss or destruction has occurred and intimate the fact in writing to the registering authority which granted or renewed the letter of authority and shall apply for a duplicate.

                (2) On receipt of an application along with the appropriate fee as specified in Rule 81, the registering authority may issue a duplicate letter of authority clearly marked ‘Duplicate’.

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

67. Supervision of authorized testing stations,- The registering authority or any officer of the Motor Vehicles Department of the State Government duly authorized in this behalf by the registering authority may, at any time, conduct test checks at the premises of the authorizes testing station with  a view to ensure that the vehicles are properly tested by the authorized testing station.

68. Power of registering authority of Regional Transport Authority to call for information,- The authorized testing station shall submit to the registering authority or the Regional  Transport Authority having jurisdiction in the area, such information or returns as may be called for by such authority from time to time.

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 64 and Rule 65

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 64 and Rule 65
Authorized testing station

64. Duraration of letter of authority,- A letter of authority granted or renewed shall be effective for a period of five years from the date of grant or renewal.

65. General conditions to be observed by the holder of letter of authority,- The holder of authority shall

                (a) maintain a register with a separate page for each vehicle containing the registration number of the vehicle for the certificate of fitness is granted or  renewed, the make and model of the vehicle, the engine number and chassis number, the name and address of the owner of the vehicle, particulars of permit of any such vehicle, period of validity of certificate of fitness granted or renewed and the signature of the owner of vehicle or his authorized representative;

                (b) forward the particulars of transport vehicles for which certificate of fitness have been granted or renewed and the period of validity of such certificate, within two days of grant or renewal of the certificate of fitness, to the authority which has granted the permit where the transport vehicle is not covered by a permit, to the transport authority in whose jurisdiction  the vehicle is kept;

                (c) issue to every transport vehicle satisfying  the requirements of section 56,  a certificate of fitness in accordance with the provisions of Rule 62;

                (d) not shift the place of business mentioned in the letter of authority without the prior approval in writing of the registering authority which granted the letter of authority;

                (e) keep the premises of the testing station and records and registers  maintained by it and all the machinery, equipment and apparatus in the premises at reasonable time open for inspection by the registering authority  or any person of the Moto Vehicles Department of the State Government established under section 213 authorized in this behalf by the registering authority;

                (f) display at a prominent place in its main office the following:-

                                (i)  letter of authority in original issued by the registering authority;

                                (ii) the name and address of the person authorized to issue or renew the certificate

                                     of fitness;

                                (iii) the qualification of the persons referred to in clause (a) of sub-rule (3) of

                                        section 63;

                (g) not charge a fee for inspection of a vehicle for the purpose of issue or renewal of the

 appropriate certificate of fitness in excess of the fee specified in Rule 81;

                (h) surrender to the Regional Transport Authority having jurisdiction over the area, the register  referred to in clause (a ) as soon as the entries in all the pages are completed and in any case not later than two days after such completion.

                  

Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 63 - Authorized testing station

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 63
Authorized testing station

63. Regulation and control of authorized testing station,- (1) No operator of an authorized testing station shall issue or renew a certificate of fitness to a transport vehicle under section 56 without a letter of authority in Form 39 granted by the registering authority.

(2) An application for grant or renewal of letter of authority under sub-rule (1) shall be made in Form 40 to the registering authority having jurisdiction in the area in which the service station or garage is situated and shall be accompanied by,-

(a)    the appropriate fee as specified in Rule 81;

(b)   a security deposit of rupees one lakh in such manner as may be specified by the State Government.

Explanation:- For the purpose of this Rule and Rules 64 to 72,the registering authority means an officer not below the rank of the Regional Transport Officer of the Motor Vehicles Department established under section 213.

(3) A registering authority shall, when considering an application for the grant or renewal of a letter of authority, have regard to the following matters, namely,-

                (a) the applicant or at least one of the  members of the staff employed for inspection of transport vehicles for the purpose of issue or renewal of certificate of fitness possesses the following minimum qualifications:-

                                (i) a three year diploma in automobile engineering or mechanical engineering or an equivalent qualification;

                                (ii) experience of minimum service of five years in an automobile workshop undertaking  repairs of heavy goods vehicles, heavy passenger motor vehicles, medium motor vehicles, and light motor vehicles;

                                                (iii) a driving license to drive motor cycles, heavy passenger motor vehicles and heavy good vehicles with minimum driving experience of not less than five years

                                                (iv) through knowledge of Act and rules made thereunder, especially the Chapters relating to registration of motor vehicles and construction, equipment andmaintenance of motor vehicles;

(a)    the premises where the authorized testing station is to be housed is either owned by the applicant or is taken on lease by him or hired in his name and it has minimum one acre of land for administrative section, reception room and sanitary block and space for erection of testing equipments and other apparatuses.

(b)   Inspection lanes are provided adjacent to the building in the same compound or at other places approved by the registering authority;

(c)    testing equipments and apparatus are installed in such a manner that vehicles may pass through with ease and speed;

(d)   the applicant maintains in good condition, the equipment and apparatus for undertaking test pertaining to exhaust gas, engine tuning, engine analysis, smoke emission, brake system, head-lights, wheel alignments, compressors, speedometers and other like components.

(e)   the financial resources of the applicant are sufficient to provide for continued maintenance.

(f)     The applicant maintains an up-to-date copy of the Act, these Rules and  the concerned State Motor Vehicle Rules.

(4) The registering authority shall also, when considering an application under this rule, take into consideration the fact that after setting up of the authorized testing station will improve the availability of testing facilities in the area both in relation to the number of vehicles and proximity to such facilities.

(5) The registering authority may, on receipt of an application under Sub-rule (2) and after satisfying himself that the applicant has complied with the requirements of sub-rules (3) and (4), grant or renew the letter of authority in Form 39.

                Provided that no application for a letter of authority shall be refused by the registering authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given writing by the registering authority.