Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 44, 45, 46 and 47 and Rule 45

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 44, 45, 46  and Rule 47

44. Suspension or cancellation of trade certificate,- If the registering authority has reason to believe that the holder of any trade certificate had not complied with the provisions of Rules 39 to 43, it may, after giving the owner an opportunity of being heart, suspend or cancel the trade certificate help by him.

45. Appeal,- Any person aggrieved by an order of the registering authority under Rule 35 or Rule 44 may, within thirty days of receipt of any such order, appeal to the head of the Motor Vehicles Department established under section 213.

46. Procedure for appeal,- (1) The appeal referred to in Rule 45 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objections of the order of the registering authority and shall be accompanied by  the appropriate fee as specified in Rule 81 and a certified copy of the order appealed against.

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

Registration

47. Application for registration of a motor vehicle,- (1) An application for registration of a motor  vehicle shall be made in form 20 to the registering authority within a period of seven days, from  the date of taking delivery of such vehicle, excluding the period of journey and shall be accompanied by-

                (a) sale certificate in form 21;

                (b) valid insurance certificate;

                © copy of the proceedings of the State Transport Authority or Transport Commissioner or such

                 other authorities as may be State Government for  the purpose of approval of the design in 

                 the case of s trailer or a semi-trailer;

                (d) original sale certificate from the concerned authorities in form 21 in the case of ex-army vehicles;

                (e) proof of address by way of any of the documents referred to in Rule 4;

                (f) temporary registration, if any;

                (g) road-worthiness certificate in the case of imported vehicles along with the license and bond, if any;

                (h) custom’s clearance certificate in the case of imported vehicles along with the license and bond, if any:

                                Provided that in the case of imported vehicles other than those imported under the Baggage Rules, 1998, the procedure followed by the registering authority shall be same as those procedure followed for registering of vehicles manufactured in India, and;

(a)    appropriate fee as specified in Rule 81.

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

Central Motor Vehicle Rules, 1989 - CHAPTER IIi - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 33, 34, 35, 36, 37 and Rule 38

CHAPTER III

REGISTRATION OF MOTOR VEHICLES

                                                                        Trade certificate

33. Condition for exemption from registration,- For the purpose of the provision to section 39, a motor vehicle in the possession of a dealer shall be exempted from the necessity of registration subject to the condition that he obtains a trade certificate from the registering authority having jurisdiction in which the dealer has his place of business in accordance with the provisions of this chapter.

34. Trade Certificate,-(1) An application for the grant or renewal of a trade certificate shall be made in form 16 and shall be accompanied by the appropriate fee as specified in Rule 71.

(2) Separate application shall be made for each of the following classes of vehicles, namely,-

    (a)  motor cycle;

    (b)  Invalid carriage;

    ©  light motor vehicle

(a)    medium passenger motor vehicle;

(b)   medium goods vehicle;

(c)    heavy passenger motor vehicle;

(d)   heavy good vehicle

(e)   any other vehicle of the specified description.

34. Grant or renewal of trade certificate,- (1) On receipt of an application for the grant or renewal of a trade certificate in respect of  a vehicle, the registering authority may, if satisfied that the applicant is a bona fide dealer and requires the certificate specified in the application, issue to the applicant one or more certificates, as the case may be, in form 17 and shall assign in respect of each certificate a registration mark consisting of registration mark referred to in the notification made under sub-section (6) of section 41 and followed by two letters and a number containing three digits for each vehicle, for example,

        AB                  -              Represent the State Code

        12                   -              Registration District Code

        TCI -              Trade Certificate number for the vehicle

(2) No application for trade certificate shall be refused by the registering authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing.

36. Refund, - Where the registering authority refuses to issue of renew under Rule 35shall be in force for a period of 12 months from the date of issue or renewal thereof and shall be effective throughout India.

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.