95. Intimation to parties :- The registering authority assigning a new registration mark to a motor vehicle shall intimate the fact to the owner and the other party, if any, to an agreement of hire-purchase specified on the certificate of registration and shall apply to the original registering authority for transfer of the records of the vehicle in Form RMI.
96. Intimation in respect of vehicles not registered within the State :- Further to the provisions of sub-section (4) of Sec.47, when any motor vehicle which is not registered in this State has been kept within the State for a period exceeding thirty days, the owner or other person in charge of the vehicle shall send intimation to the registering authority of the area in which the motor vehicle is at the time of making the report and shall intimate:-
» his name and permanent address, and his address for the time being;
» the registration mark of vehicle;
» the make and description of the vehicle; and
» in the case of a transport vehicle, the name of the authority within the State by whom the permit has been issued or countersigned.
97. Inspection of vehicles registered in other State and brought into the State :- The registering authority shall before assigning new registration mark under Sec.47 or before entering the particulars of change of address or change of ownership of a motor vehicle in the certificate of registration require the owner or as the case may be, the transferee to produce the motor vehicle either before itself or before the Inspector of Motor Vehicles, in order that the registering authority may satisfy itself that the chassis and engine numbers noted in the registration certificate are correct.
97-A. Exemption of Road Rollers form Physical Inspection :- The Road Rollers used for repairs of roads, need not be produced before the registering authority for physical inspection of the Vehicle at the time of registration as required under Section 44 of the Act.
98. Exemption of vehicles with trade certificate :- Nothing in Rule 96 shall apply to motor vehicle which is exempted from registration exhibiting a trade certificate issued under the Act.
99. Issue of duplicate :- (1) On receipt of an application under Rule 53 of the Central Motor Vehicle Rules, 1989 with prescribed fee the registering authority shall cause necessary enquiries to be made as to the reasons for loss, genuineness of the application, verification of signatures of the applicant with reference to the records maintained in his office and after satisfying itself that the application can be complied with, shall issue a duplicate certificate of registration clearly stamped “DUPLICATE” in red.
(2) If the registering authority referred to in sub-rule (1) is not the authority which registered the vehicle originally or had assigned a registration mark under Section 47 the registering authority on production of a no objection letter filed by the owner of the vehicle from the original registering authority and after making necessary verification as to the genuineness of the application shall issue the duplicate.
Explanation:
Explanation for the purpose of this rule that the ‘registering authority' on whose rolls the vehicle has been entered after following the due procedure shall be deemed to be the original registering authority
(3) When a certificate of registration is completely written up or becomes soiled, the owner shall apply to the registering authority under Rule 53 of Central Motor Vehicles Rules, 1989 with prescribed fee with the old registration certificate and the registering authority shall issue a duplicate certificate of registration clearly marked ‘Duplicate' in red, noting the particulars of the vehicle available in the surrendered registration certificate.
(4) Any person coming into possession in any way of the registration certificate of a vehicle not owned by himself, shall surrender the same to the Registering Authority which registered the vehicle or the Registering Authority in which jurisdiction he resides:
Provided that the other party to a hire purchase agreement or hypothecation noted in the registration certificate may retain the registration certificate for valid reasons to be reported to the Registering Authority.
100. Issue of Registration particulars and its fee :- The registering authority, upon receipt of an application together with the fee of rupees five may issue particulars of registration of a motor vehicle.
101. Return of original certificate when found :- When the original certificate of registration is found after the issue of a duplicate thereof, the owner shall return the original to the registering authority.
102. Suspension of registration certificate :- The registering authority or any officer authorised by the registering authority or the Transport Commissioner or any officer authorised by the Transport Commissioner may suspend the certificate of registration of a motor vehicle under Section 53.
The Transport Commissioner or an officer authorised by him shall exercise the powers vested in him under this rule throughout the State.
103. Prescribed Authority :- Any Registering Authority or the Additional Registering Authority of the region in whose functional area the vehicle was found plying, irrespective of the fact whether the vehicle has been registered in that region or not, shall be the prescribed authority for purposes of Section 53 of the Act.
104. Procedure for noting hire-purchase agreement or hypothecation certificate of vehicle already registered :- Where the registering authority noting the hire purchase agreement or hypothecation is not the authority by whom a new registration mark has been assigned under Section 47 of the Act, intimation of the nothing of hire purchase agreement or the hypothecation shall be sent to such original registering authority or the authority by whom a new registration mark has been assigned, as the case may be, in addition to recording the particulars of the registration of the vehicle and hire-purchase agreement or the hypothecation in the office register to be maintained by him for this purpose.
105. Cancellation of hire purchase agreement or hypothecation, Intimation :- An intimation of the cancellation of the note of hire-purchase agreement / hypothecation shall be sent to the original registering authority or the authority who assigned the new registration mark, as the case may be and to the authority who made the said note in the registration certificate, if the authority canceling the said note is different from the authorities.
106. Intimation to the financier :- The intimation to the financier under sub-sections (10) and (11) of Section 51 shall be sent under registered post to the address noted in the certificate of registration.
107. Certificate of fitness issuing authority :- A certificate of fitness under Section 56 shall be granted or renewed by the Inspector of Motor Vehicles and also by the authorized testing station as approved under sub-section (2) of Section 56 subject to the general control and directions of the registering authority.
108. Form of application for grant or renewal of certificate of fitness :- (1) An application for the grant or renewal of a certificate of fitness in respect of a motor vehicle shall be made in Form C.F.A. to the Inspector of Motor Vehicles or to the authorized testing station in whose jurisdiction the owner of the vehicle resides or carries on his business:
Provided that in the case of a stage carriage such application may be made to the Inspector of Motor Vehicles or to the authorized testing station in whose jurisdiction the owner of the vehicle resides or carries on his business at either end of the route on which the vehicle is permitted to ply or proposed to be plied at the option of the owner of the vehicle which he may exercise by filing a declaration before the Secretary of the Regional Transport Authority which granted or proposes to grant the said permit; and the option once exercised shall not be permitted to be revised unless in the opinion of the Secretary of the said Authority, new circumstances have arisen warranting such revision.
(2) Notwithstanding the provisions of sub-rule (1) an application for renewal of a certificate of fitness can be made to any other Inspector of Motor Vehicles or to any authorized testing station in whose jurisdiction the vehicle is kept for the time being, with the permission of the Secretary of the Regional Transport Authority which has granted the permit to the vehicle.
109. Date of next inspection – Endorsement on Certificate :- The authority by whom a certificate of fitness was issued or, if it has been renewed, the authority, by whom it was last renewed, may endorse thereon the date, time and place appointed for the next inspection of the vehicle and the owner shall cause the vehicle to be produced accordingly:
Provided that the vehicle need not be so produced if the owner proposes not to renew the certificate or if the vehicle is transferred to and kept in the area of another registering authority or Inspector of Motor Vehicles. In either of these cases the owner shall, before the date fixed for inspection, inform the authority who made the endorsement, in writing, that he does not propose to produce the vehicle, giving the reasons.
110. Production of vehicle for inspection :- If the owner of a vehicle is not required to produce the vehicle under Rule 109 he shall in not less than one month before the date of expiry of the certificate, apply for its renewal and shall cause the vehicle to be produced for inspection on such date and at such time and place as the appropriate authority may thereafter, upon reasonable notice, appoint.
111. One certificate for one vehicle :- There shall not be more than one certificate of fitness in respect of any vehicle.
112. Use of vehicle upon expiry of certificate :- If, owing to mechanical breakdown or other cause, a motor vehicle is, after the expiry of the certificate of fitness, outside functional area of the authority by whom the certificate is to be renewed, any registering authority or Inspector of Motor Vehicles may without prejudice to any penalty to which the owner or driver may have become liable if the vehicle is in his opinion fit for use, by endorsement in Form C.F. Sub and subject to such conditions as he may specify, authorize its continued use for such time as may reasonably be necessary for the vehicle to return to the area of an authority by whom the certificate should be renewed, and vehicle may be driven to such area in accordance with such endorsement but shall not be used after return to that area until the certificate has been renewed.
113. Inspection of transport vehicles :- All transport vehicles shall at reasonable times, be open to inspection by-
» any Magistrate;
» any police officer not below the rant of a Circle-Inspector of police
» any officer of the Transport Department not below the rank of an Asst. Inspector of Motor Vehicle; and
» any Minister of the Government.
114. Unsafe vehicle – Restriction of use :- If any of the authorities specified in Rule 113 making the inspection, considers that the vehicle is unsafe, for ordinary use on the road, he shall record his reasons in Form CFX and communicate them in writing to the owners if he is in the vehicle and if not, to the driver. Subject to provisions of Rule 115 the vehicle shall not be used thereafter in a public place save for the purpose of being driven for Inspection after repair, until the defects have been repaired to the satisfaction of the authority competent to issue or renew a certificate of fitness provided that the inspecting officer may, subject to such conditions as he thinks necessary, authorize the vehicle to be driven to a place of repair. A copy of the notice in Form CFX shall be sent to the registering authority of every district through which the vehicle runs.
115. Fresh fitness certificate to be obtained :- If the vehicle is in a public place when it is found to be unsafe, the inspecting officer may permit it to be driven at speed not exceeding 16 Kilometers an hour to its immediate destination or to a specified place for repair and thereafter it shall not be driven in any public place without the special permission of the Inspector of Motor Vehicles of the place to which it has been driven. The Inspector of Motor Vehicles may grant permission subject to such conditions as he thinks fit and may direct that a fresh certificate of fitness shall be obtained before the vehicle can be used in a public place.
116. Certificate of fitness – Cancellation :- (1) Any registering authority and any Inspector of Motor Vehicle may cancel the certificate of fitness of a transport vehicle under sub-section (4) of Section 56 if in his opinion the vehicle does not comply with the provisions of the Act or the rules made thereunder.
(2) Nothing in sub-rule (1) shall debar the owner or other person in charge of the vehicle, the certificate of fitness of which has been cancelled, from applying at any time for renewal of certificate of fitness, if the vehicle has been repaired in such manner that the provisions of Chapter V of the Act and of these rules are complied with.
117. Reasons for cancellation to be given :- The authority canceling a certificate of fitness under sub-rule (1) of Rule 116 shall without delay give the owner or other person in charge of the motor vehicle a receipt therefore and a statement in writing of the reasons for such cancellation and shall make a report of his action and forward the certificate to the authority by which it was last issued or renewed.
118. Refusal to grant or renew-reasons to be given:- If the grant or renewal of certificate of fitness is refused, the reasons for the refusal shall be communicated to the owner in Form CFRR.
(2) The fee once paid for issue of renewal of fitness certificate shall not be treated as utilised for the reasons of issue of C.F.R.R but shall be treated as utilised if on re-inspection, the defects pointed out in C.F.R.R. are found to be not certified.
119. Report of loss or destruction-Application for duplicate fee:- If a certificate of fitness is lost or destroyed, the owner of the vehicle shall forthwith report the matter to the authority by whom the certificate was issued or last renewed and shall apply with a fee of five rupees for the issue of a duplicate certificate.
120. Duplicate – Issue of :- Upon receipt of an application and the fee referred to in Rule 119 the authority shall furnish the owner with a duplicate copy of the certificate duly stamped ‘DUPLICATE' in red.
121. Surrender of original certificate when found :- If the certificate of fitness, the loss or destruction of which was reported under Rule 119 is traced later on, it shall be surrendered forthwith to the authority by which it was issued.
122. Certificate issued previously – validity :- Subject to provisions of Rules 114, 115 and 116, a certificate of fitness issued under the Telangana Motor Vehicles Rules, 1964 shall be valid for the purpose of these rules upto the date of expiry noted in such certificate.
123. Non-production of certificate in certain cases :- No person shall be liable to be convicted of an offence under Section 130 for not producing the certificate of fitness if, at the time, when the certificate is demanded, he has Already reported the loss or destruction thereof in accordance with Rule 119 and a duplicate certificate has not been delivered to him.
124. Appeals :- An appeal against any of the orders passed under Section 45, Section 48, Section 50, Section 53, Section 54 or Section 55 shall lie to :-
» in the case of an order passed by registering authority or an officer of the rank of Regional Transport Officer or an Inspector of Motor Vehicles to the Deputy Transport Commissioner concerned, provided that in case the registering authority is of the rank of Joint Transport Commissioner, appeal shall be made to the Transport Commissioner.
(ii) in the case of an order passed by the Transport Commissioner or any other officer authorized by him, to the State Transport Appellate Tribunal.
125. Appellate authority in respect of certificate of fitness :- (i) An appeal against any of the orders passed under sub-sections(I)and (2) of Section 56 shall lie to-
(ii) in the case of an order passed by an Inspector of Motor Vehicles at the testing station to the Secretary, Regional Transport Authority concerned, and
(iii) in the case of an order passed by any other officer to the Deputy Transport Commissioner concerned :
126. Appeal, Form and Fee :- (1) An Appeal under Rule 124 or 125 shall be in the form of memorandum setting forth concisely the grounds of objection to the order which is the subject of appeal and shall be accompanied by the original or certified copy of such order.
(2) A fee of five rupees shall be paid in respect of each appeal, such payment being made by means of court fee stamps affixed to the memorandum of appeal.
(3) The appellate authority, after giving an opportunity to the parties of being heard and after such further enquiry, if any as it may deem necessary, may confirm, vary or set aside the order against which appeal is preferred and shall make an order accordingly.
(4) The Secretary, Regional Transport Authority or the Deputy Transport Commissioner or the Secretary, Transport Authority may, in his discretion, give any person interested in an appeal referred to in sub-rule (1), certified copy of the order appealed against or of any other relevant documents on payment of a fee of two rupees, such payment being made by means of court-fee stamps affixed to the application for each such copy of the order, petition or document.
127. Information regarding stolen and recovered motor vehicles to be furnished by the Police to the State Transport Authority :- The Director General and Inspector General of Police shall furnish a monthly return containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the Police are aware to the State Transport authority by 5 th of the succeeding month.
128. State Register of Motor Vehicles :- (i) Each Registering Authority in the State shall maintain a Register in respect of motor vehicles of his district in the Form 39 as prescribed under Rule 75 of Central Motor Vehicles Rules, 1989.
(ii) Each Registering Authority shall supply to the Central Government a printed copy of the Register referred to in sub-rule (1) so as to reach the Director (Transport Research), Ministry of Surface Transport. New Delhi before 15 th April, 15 th July, 15 th October and 15 th January of every year covering details for the preceding period of three months and simultaneously supply copy of the Register to Transport Commissioner.
129. Deposits by authorized testing stations :- The deposit under sub-rule 2(b) of Rule 63 of Central Motor Vehicles Rules shall be by National Savings Certificates duly endorsed in favor of the respective Registering Authority.