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Section 116 – The Central Motor Vehicles Rules,1989

The Central Motor Vehicles Rules,1989

Section 116. Test for smoke emission level and carbon monoxide level for motor vehicles

1[(1) Notwithstanding any tiling contained in sub-rule (7) of rule 115 any officer not below the rank of Sub-Inspector of Police or the Inspector of Motor Vehicles who has reason to believe that a motor vehicle is not complying with the provisions of sub-rule (2) or sub-rule (7) of rule 115, may, in writing, direct the driver or any person incharge of the vehicle to submit the vehicle for conducting the test to measure the standards of emission in any one of the authorized testing stations, and produce the certificate to an authority at the address mentioned in the written direction within 7 days from the date of conducting the check.

(2) The driver or any person incharge of the vehicle shall upon such direction by the officer referred to in sub-rule (1) submit the vehicle for testing for compliance of the provisions of 2[sub-rule (2) and sub-rule (7) of rule 115], at any authorised testing station.

(3) The measurement for compliance of the provisions of 16[sub-rule (2) and sub-rule (7) of rule 115] shall be done with a meter of the type approved by any agency referred to in rule 126 of the principal rules or by the National Environmental Engineering Research Institute, Nagpur-440 001:

Provided that such a testing agency shall follow ISO or ECE Standards and procedures for approval of measuring meters.

(4) If the result of the tests indicate that the motor vehicle complies with the provisions of 16[sub-rule (2) and sub-rule (7) of rule 115], the driver or any person incharge of the vehicle shall produce the certificate to the authority specified in sub-rule (1) within the stipulated time-limit.

(5) If the test results indicate that the motor vehicle does not comply with the provisions of the 16[sub-rule (2) and sub-rule (7) of rule 115], the driver or any person incharge of the vehicle shall rectify the defects so as to comply with the provisions of the sub-rule (2) of rule 115 within a period of 7 days and submit the vehicle to any authorised testing station for re-check and produce the certificate so obtained from the authorised testing station to the authority referred to in sub-rule (1).

(6) If the certificate referred to in sub-rule (1) is not produced within the stipulated period of seven days or if the vehicle fails to comply with the provisions of 16[sub-rule (2) and sub-rule (7) of rule 115] within a period of seven days, the owner of the vehicle shall be liable for the penalty prescribed under sub-section (2) of section 190 of the Act.

(7) If the driver or any person incharge of the vehicle referred to in sub-rule (1) does not produce the said certificate within the said period of 7 days, such vehicle shall be deemed to have contravened the provisions of the sub-rule (2) of ride 115 and the checking officer shall report the matter to the registering authority.

(8) The registering authority shall on receipt of the report referred to in sub-rule (7), for reasons to be recorded in writing suspend the certificate of registration of the vehicle, until such time the certificate is produced before the registering authority to the effect that the vehicle complies with the provisions of ,6[sub-rule (2) and sub-rule (7) of rule 115].

(9) On such suspension of the certificate of registration of the vehicle, any permit granted in respect of the vehicle under Chapter V or under Chapter VI of the Motor Vehicles Act,1988 (59 of 1988) shall be deemed to have been suspended until a fresh “Pollution under control” certificate is obtained.]

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1. Substituted by G.S.R. 338(E), dated 26-3-1993(w.e.f. 26-3-1993).

2. Substituted by G.S.R. 111(E), dated 10-2-2004, for “sub-rule (2) of rule 115” (w
.e.f. 10-8-2004).

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