Page 60 - The Motor Vehicles Act, 1988
P. 60

46  THE MOTOR VEHICLES ACT, 1988                               SECTION 58

                          57. Appeals
                               1 [(1) Any person aggrieved by an order of the registering authority under sections
                          41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which
                          he has received notice of such order, appeal against the order to the prescribed authority.]
                               (2) The appellate authority shall give notice of the appeal to the original authority
                          and after giving an opportunity to the original authority and the appellant to be heard
                          in the appeal pass such order as it thinks fit.
                          58. Special provisions in regard to transport vehicles
                               (1) The Central Government may, having regard to the number, nature and size of
                          the tyres attached to the wheels of a transport vehicle (other than a motorcab), and its
                          make and model and other relevant considerations, by notification in the Official Gazette,
                                                                                        2
                          specify, in relation to each make and model of a transport vehicle, the  [maximum
                          gross vehicle weight] of such vehicle and the maximum safe axle weight of each axle of
                          such vehicle.
                               (2) A registering authority, when registering a transport vehicle, other than a
                          motorcab, shall enter in the record of registration and shall also enter in the certificate
                          of registration of the vehicle  the following particulars, namely,—
                                 (a) the unladen weight of the vehicle;
                                 (b) the number, nature and size of the tyres attached to each wheel;
                                 (c) the gross vehicle weight of the vehicle and the registered axle weights
                                     pertaining to the several axles thereof; and
                                 (d) if the vehicle is used or adapted to be used for the carriage of passengers
                                     solely or in addition to goods, the number of passengers for whom
                                     accommodation is provided,
                          and the owner of the vehicle shall have  the same particulars exhibited in the prescribed
                          manner on the vehicle.
                               (3) There shall  not be entered in the certificate of registration of any such vehicle
                          any gross vehicle weight or a registered axle weight of any of the axles different from
                          that specified in the notification under sub-section (1) in relation to the make and model
                          of such vehicle and to the number, nature and size of the tyres attached to its wheels:
                               PROVIDED that where it appears to the Central Government that heavier weights
                          than those specified in the notification under sub-section (1) may be permitted in
                          particular locality for vehicles of a particular type, the Central Government may, by
                          order in the Official Gazette direct that the provisions of this sub-section shall apply
                          with such modifications as may be specified in the order.
                               3 [x x x]







                          1   Substituted  by Act 54 of 1994, w.e.f. 14-11-1994.
                          2   Substituted for “maximum safe laden weight” by Act 54 of 1994, w.e.f. 14-11-1994.
                          3   Sub-section (4) omitted by Motor Vehicles (Amendment) Act, 2000 (27 of 2000), w.e.f.
                              11-8-2000.
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