54. Replacement of section 196 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 196 of the principal enactment is hereby repealed and the following section substituted therefor :—

196. (1) Upon the production of a motor vehicle before an examiner or an approved certifying officer referred to in section 195 and upon payment of the prescribed levy or service charge, for the purpose of obtaining an

Emission Certificate and a Certificate of Fitness as is referred to in section 29, an examiner or approved certifying officer shall on such criteria as may be prescribed, examine such vehicle and shall certify whether or not such

Certificates may be issued in terms of this Act.

(2)

An Emission Certificate and Certificate of Fitness issued in respect of a motor vehicle

“Issue of

Emission

Certificate and

Certificate of

Fitness.

shall remain in force for one year from the date of issue or such shorter period not less than three months as may be specified in such certificate.

(3)

Where an examiner or approved certifying officer certifies that a motor vehicle is unfit for use, he shall state his reasons therefor.

(4)

The registered owner of a motor vehicle which is certified after examination under the preceding provisions of this section to be unfit for use, may, appeal to the Commissioner -

General against the issue of such Certificate and the decision of the Commissioner -

General on such appeal shall be final.

(5)

The Emission Certificate and Certificate of Fitness issued in respect of a motor vehicle under this section shall be—

(a)

carried in that vehicle at all times;

(b)

made available for inspection on demand by a police officer, Grama Niladhari or

Examiner or authorized officer appointed under this Act, or by any person authorized in writing by the

Commissioner - General :

Provided however, that such certificate shall be produced when required, before a

Court, the Commissioner - General or a

Licensing Authority.

(6)

The registered owner of an approved garage or approved inspection or testing centre shall forward in the prescribed form to the

Commissioner General before the tenth day of the following month. a monthly summary of the Emission Certificates and Certificates of

Fitness issued by him during each month.

(7)

(a) If the registered owner of an approved garage or approved inspection or testing centre fails to send the monthly summary referred to in subsection (6) before the tenth day of each month, the Commissioner General shall, in the first instance, issue him with a warning that the order made under section 195 in respect of such garage may be revoked if such monthly summary is not sent within the time specified under subsection (6).

(b)

If the registered owner of such approved garage or approved inspection or testing centre fails to send such monthly summary for three consecutive months the Commissioner General shall revoke the order made under section 195

in respect of that approved garage or approved inspection or testing centre.

(c)

A person who contravenes the provisions of subsection (6) 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 and on a second or subsequent conviction to a fine not less than ten thousand and not exceeding fifteen thousand rupees.

(8)

Regulations may be made providing for the procedures for the examination of motor vehicles for the purpose of the issue of an Emission Certificates and

Certificates of Fitness .”.

Read on from s 55