48. Insertion of new section 155A in the principal enactment

The following new section is hereby inserted immediately after section 155 of the principal enactment and shall have effect as section 155A thereof :—

155A. (1) A person who drives or uses a motor vehicle that emits smoke, visible vapour, grit, sparks, ashes, cinder, grease or oily substances, which is likely to –

constitute a health hazard or cause annoyance or injury to any person ;

obscure the visibility of any other road user ; or

cause damage to any road or other public place or property, shall be guilty of an offence, and shall on conviction be liable to a fine not less than two thousand rupees and not exceeding five thousand rupees and on a second or subsequent conviction, to a fine not less than five thousand rupees and not exceeding ten thousand rupees.

An examiner or a police officer authorized by the Inspector-General of Police who has reason to believe that an offence under subsection (1) is being committed in respect of a motor vehicle which is on a road or other public place -

may stop and examine the vehicle and may measure or cause to be measured by

may by notice in writing served on the owner of the vehicle either personally or by post require the production of such vehicle at a vehicle examination centre or police station on such date and at such time as may be specified in the notice for the purpose of—

measuring the emission of smoke or visible vapour by means of a prescribed apparatus ; or

examining the vehicle to ascertain whether its condition is such that its use results in the commission of an offence under this section.

An owner of a vehicle who is served with a notice under subsection (2) and who fails without reasonable cause to produce such vehicle on the date, time and place specified in such notice shall be guilty of an offence and shall on conviction, be liable to a fine not less than five thousand rupees and not exceeding ten thousand rupees.

(a) The Minister may prescribe the standard of emission which shall be applicable in respect of motor vehicles.

Such regulations may provide different standards in respect of different classes of motor vehicles.

For the purposes of this section,