Certificate of fitness of transport vehicles
AI Assist
Summary
A transport vehicle must carry a prescribed certificate of fitness issued by the prescribed authority or an authorised testing station to be treated as validly registered. If issuance is refused, the owner must be given written reasons. The authority can cancel the certificate in writing if the vehicle no longer meets legal requirements, and cancellation suspends registration and any permit until a new certificate is obtained. The certificate is valid throughout India for the prescribed period.
Example
Ravi runs a goods carrier whose certificate of fitness has expired. The prescribed authority inspects the vehicle, finds safety defects and cancels the certificate in writing. Ravi’s vehicle registration and permit are treated as suspended until he obtains a new certificate from an authorised testing station.
Bare Act
Enacted text(1) Subject to the provisions of sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder:
Provided that where the prescribed authority or the “authorised testing station” refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.
(2) The “authorised testing station” referred to in sub-section (1) means a vehicle service station or public or private garage which the State Government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such stations or garages.
(3) Subject to the provisions of sub-section (4), certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act.
(4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained:
Provided that no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification on the basis of the report of an officer having such qualifications.
(5) A certificate of fitness issued under this Act shall, while it remains effective be valid throughout India.
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