Page 85 - The Central Motor Vehicles Rules, 1989
P. 85

RULE 41         THE CENTRAL MOTOR VEHICLES RULES, 1989                57
                                      1
                                      [(2) Trade certificate shall be integrated with dealership authorisation and on
                                 cancellation of dealership authorisation certificate by manufacturer of motor vehicles,
                                 the trade certificate shall automatically become invalid.]
                                 2

                                  [xxx]
                                 39. Use of trade registration mark and number
                                      (1) A trade registration mark and number shall not be used upon more than one
                                 vehicle at a time or upon any vehicle other than a vehicle bona fide in the possession of
                                 3
                                  [the holder of trade certificate] in the course of his business or on any type of vehicle
                                 other than the one for which the trade certificate is issued.
                                      4
                                      [(2) The trade registration mark shall be in white colour on red background as per
                                 dimensions specified in rule 51 and shall be exhibited on front and rear of a motor
                                 vehicle.]
                                 40.  5 [Restrictions on use of trade registration mark]
                                             6
                                                                                                       40
                                      A trade  [registration mark] shall be used only by the person to whom it is issued
                                                                              7
                                 and such person shall not allow or offer or cause the  [trade registration mark] or the
                                 number assigned in connection therewith to be used by any other person:
                                      PROVIDED that the provision of this rule shall not apply where the person to
                                          6
                                 whom the  [registration mark] is granted, or a person bona fide in his employment and
                                 acting under his authority, or any other person bona fide acting on behalf of the holder
                                          6
                                 of a trade  [registration mark] is present in the vehicle, or if such vehicle is designed for
                                 use by only one person and is being used by a prospective purchaser of that vehicle for
                                 the purpose of reasonable test or trial.
                                     8
                                 41.  [Purposes for which motor vehicle with trade registration mark may be used]
                                                  9
                                                                                                       41
                                      The holder of a  [trade registration mark] shall not use any vehicle in a public place
                                 under that certificate for any purpose other than the following :—
                                                                              9
                                        (a) for test, by or on behalf of the holder of a  [trade registration mark] during
                                            the course of, or after completion of, construction or repair; or





                                 1  Inserted vide GSR 703(E), dt. 14-9-2022, w.e.f. 1-11-2022.
                                 2  Omitted, ibid. Prior to omission, rule 38 read as under:
                                    “38. Issue of duplicate certificate
                                    (1) If at any time the trade certificate is lost or destroyed, its holder shall report to the police station in the
                                    jurisdiction of which the loss or destruction has occurred and intimate the fact in writing to the registering
                                    authority by whom the certificate was issued and apply in Form 18 to the said authority for a duplicate
                                    certificate accompanied by the appropriate fee as specified in rule 81.
                                    (2) On receipt of an application along with fee, the registering authority may issue a duplicate trade
                                    certificate clearly marked “Duplicate”.
                                    (3) If after the issue of a duplicate certificate the original is traced, the same shall be surrendered forthwith
                                    to the registering authority by which it was issued.”
                                 3  Substituted for “the dealer or manufacturer of automobile or automobiles ancillaries or a test agency
                                    specified in rule 126”, ibid.
                                 4  Substituted, ibid. Prior to substitution, sub-rule (2) read as under:
                                    “(2) The trade certificate shall be carried on a motor vehicle in a weather-proof circular folder and the trade
                                    registration mark shall be exhibited in a conspicuous place in the vehicle.”
                                 5  Substituted for “Restrictions on use of trade certificate or trade registration mark and number”, ibid.
                                 6  Substituted for “certificate”, ibid.
                                 7  Substituted for “certificate or the number”, ibid.
                                 8  Substituted for “Purposes for which motor vehicle with trade certificate may be used”, ibid.
                                 9  Substituted for “trade certificate”, ibid.
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