Motor Vehicles Act Section 110B — Type approval certificate and testing agencies
CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) states that no motor vehicle — including a trailer, semi-trailer, modular hydraulic trailer, or side car — can be sold, delivered, offered for sale or delivery, or used in a public place in India unless a type-approval certificate has been issued for that vehicle. The first proviso allows the Central Government to extend this certificate requirement to other vehicles that are drawn or intended to be drawn by a motor vehicle, through a notification in the Official Gazette. The second proviso lists vehicles that do not need such a certificate: those meant for export, display, demonstration, or exhibition; those used by a manufacturer, a research and development centre, or a testing agency for testing, validation, or data collection inside factory premises or in a non-public place; and those exempted by the Central Government.
Sub-section (2) requires the manufacturer or importer of motor vehicles, including trailers, semi-trailers, modular hydraulic trailers, and side cars, to submit the prototype of the vehicle to be manufactured or imported to a testing agency for testing, so that the agency can issue a type-approval certificate.
Sub-section (3) says that the Central Government will make rules for the accreditation, registration, and regulation of testing agencies.
Sub-section (4) requires testing agencies to conduct tests on vehicles taken from the manufacturer's production line or obtained otherwise, to verify that these vehicles conform to the provisions of this Chapter and the rules and regulations made under it.
Sub-section (5) states that if a motor vehicle with a type-approval certificate is recalled under section 110A, the testing agency that granted the certificate will be liable for its accreditation and registration to be cancelled.
Official Text
(1) No motor vehicle, including a trailer or semi-trailer or modular hydraulic trailer or side car shall be sold or delivered or offered for sale or delivery or used in a public place in India unless a type-approval certificate referred to in sub-section (2) has been issued in respect of such vehicle:
Provided that the Central Government may, by notification in the Official Gazette, extend the requirement of type-approval certificate to other vehicles drawn or intended to be drawn by a motor vehicle:
Provided further that such certificate shall not be required for vehicles which are—
(a) intended for export or display or demonstration or exhibition; or
(b) used by a manufacturer of motor vehicles or motor vehicle components or a research and development centre or a test by agency for testing and validation or for data collection, inside factory premises or in a non-public place; or
(c) exempted by the Central Government.
(2) The manufacturer or importer of motor vehicles including trailers, semi-trailers, modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be manufactured or imported for test to a testing agency for obtaining a type-approval certificate by such agency.
(3) The Central Government shall make rules for the accreditation, registration and regulation of testing agencies.
(4) The testing agencies shall conduct tests on vehicles drawn from the production line of the manufacturer or obtained otherwise to verify the conformity of such vehicles to the provisions of this Chapter and the rules and regulations made thereunder.
(5) Where the motor vehicle having a type-approval certificate is recalled under section 110A, the testing agency which granted the certificate to such motor vehicle shall be liable for its accreditation and registration to be cancelled.]