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Section 63 – The Central Motor Vehicles Rules,1989

The Central Motor Vehicles Rules,1989

Section 63. Regulation and control of authorised testing stations

(1) No operator of an authorised testing station shall issue or renew a certificate of fitness to a transport vehicle under section 56 without a letter of authority in Fonn 39 granted by the registering authority.

(2) An application for grant or renewal of a letter of authority under sub-rule (1) shall be made in Fonn 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 1[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 by him for the inspection of transport vehicles for the purpose of issue or renewal of certificate of fitness possesses the following minimum qualifications:

(i) a 2[three years] 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 licence to drive motor cycle, heavy passenger motor vehicle and heavy goods vehicle with a minimum driving experience of not less than five years;

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

(b) the premises where the authorised testing station is to be housed is either owned by the applicant or is taken on lease by him or is hired in his name and it has 3[minimum of one acre of land] for administrative section, reception room and sanitary block and space for erection of testing equipments and other apparatus;

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

(d) testing equipments and apparatus are installed in such manner that veliicles may pass through with ease and speed;

4(e) the applicant maintains in good condition, the equipment and apparatus for undertaking test pertaining to 5[exhaust gas, engine tuning, engine analysis], smoke emission, brake system, head-lights, wheel alignments, compressors, speedometers and other like components;]

(f) the financial resources of the applicant are sufficient to provide for its continued maintenance;

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

(4) The registering authority shall also, when considering an application under this rule, take into consideration the fact that the setting up of the authorised 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 subrules (3) and (4), grant or renew the letter of authorit
y 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 in writing by the registering authority.

——————–

1. Substituted by G.S.R. 338(E), dated 26-3-1993, for “rupees ten thousand” (w.e.f. 26-3-1993).

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

3. Certain words substituted by G.S.R. 338(E), dated 26-3-1993 (w.e.f. 26-3-1993).

4. CI. (c) substituted by G.S.R. 933(E), dated 28-10-1989 {w.e.f. 28-10-1989).

5. Substituted by G.S.R. 214(E), dated 18-3-1999, for “exhaust gas” (w.e.f. 18-3-1999).

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