Sri Lanka Consolidated Acts

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Motor Traffic (Amendment) Act (No. 21 of 1981) - Sect 94

Replacement of sections 195 and 196 of the principal enactment

94. Sections 195 and 196 of the principal enactment are hereby repealed and the following sections substituted therefor:
195
(1) The Commissioner may- upon application in that behalf in the prescribed form made by a garage owned by the State, a Government or Semi-Government or a local body and upon payment of the prescribed fee, by order declare
(a) that every garage or other place of business of such person, specified in the order, shall be an approved garage for the purposes of the yearly examination and certification of motor coaches and lorries required by section 29 prior to the issue of licences in respect thereof ; and
(b) that such person, and every other person employed at any such garage and specified in the order, shall each be an approved examiner for the purposes of such examination and certification of motor coaches and lorries at that garage. The Commissioner may revoke or alter any order made under this section if there is a contravention of arty of the conditions stipulated in the letter of authority issued to any approved garage or approved examiner.
(2) The Commissioner may, in an order under subsection (1), fix, in relation to each approved garage specified in that order, the maximum number of vehicles which during the course of a year may be examined and certified at that garage.
196.
(1) Upon the production before a competent authority of a motor coach, motor tricycle van, lorry, motor hearse or motor ambulance for the purpose of obtaining in respect thereof the certificate referred to In section 29, that authority shall examine it upon payment of the prescribed fee for such examination and shall in writing certify whether or not it is fit for use. A certificate hat any motor vehicle examined under this section is fit for use is referred to in this Act as a "certificate of fitness".
(2) In issuing a certificate of fitness in respect of any motor vehicle a competent authority may insert therein such conditions relating to the use of that motor vehicle as he may deem necessary" in the interests of public safety.
(3) In certifying that any motor coach, motor tricycle van, lorry, motor hearse or motor ambulance is unfit for use, the competent authority shall state his reasons therefor.
(4) A certificate of fitness in respect of any motor vehicle shall
(a) if that motor vehicle is a lorry, motor hearse or motor ambulance, remain in force for one year from the date of its issue, and
(b) if that motor vehicle is a motor coach, remain in force for one year from the date of its issue or for such shorter period, not less than three months, as may be specified in such certificate.
(5) The registered owner of any motor coach, motor tricycle van, lorry, motor hearse or motor ambulance which is certified after examination under the preceding provisions of this section, to be unfit for use may, on payment of the prescribed fee, appeal to the Commissioner against the issue of that certificate and the decision of the Commissioner on such appeal shall be final.
(6) The certificate of fitness issued in respect of any motor vehicle under this section
(a) shall be carried in that motor vehicle; and
(b) shall be made available for inspection on demand made by a police officer, Gram Siva Niladhari or examiner or certifying officer appointed under this Act, or by any person authorized in writing by the Commissioner:
(7) In this section, the expression "competent authority" means a certifying officer or an examiner of motor vehicles appointed under this Act or an examiner approved for the purposes of section !95 and this section by the Commissioner.".


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