Road Traffic Act · s 76

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76.
Certificates of fitness
(1) No public service vehicle or heavy vehicle shall be used on any road in any regulated area unless there is in force in respect of such vehicle a valid certificate (hereinafter called a certificate of fitness) issued by an

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examiner; and such certificate of fitness shall be carried at all times on the vehicle in respect of which it was issued.
(2) A certificate of fitness shall state that the vehicle in respect of which it is issued complies with any conditions as to fitness prescribed at the time of the issue thereof and that the vehicle is in all respects fit for the purpose for which it is to be used.
(3) For the purposes of this section, a certificate of fitness shall be valid for such period not exceeding 2 years from the date of issue thereof as the examiner may approve.
(4) Such fees as may be prescribed shall be charged for an examination for a certificate of fitness.
(5) (a) Any licensing officer within any regulated area in which a public service vehicle or heavy vehicle is being used, who has reason to believe that any such vehicle has ceased to be fit for the purpose for which it is being used, may order that the vehicle be produced for examination by an examiner at a specified time and place, and if such order is not obeyed, the licensing officer may at his discretion prohibit the use of the vehicle until the order is obeyed.
(b) If, on examination the public service vehicle or heavy vehicle is found to be unfit for the purpose for which it is being used, the licensing officer shall prohibit the use of the vehicle until all necessary repairs, adjustments or alterations have been effected to the satisfaction of the examiner.
(6) Wherever an examiner finds a public service vehicle or heavy vehicle in any regulated area unfit for use by reason of remediable defects, he shall upon his examination thereof make a full list in writing of all such defects and shall give the owner of the vehicle a copy thereof; and if all such defects are subsequently remedied to the satisfaction of the examiner, he shall issue a certificate of fitness:
Provided that if the examiner upon examining the vehicle to ascertain such defects have been remedied finds any further defects which have appeared or developed since the earlier examination, he shall require the owner to remedy such further defects before issuing the certificate of fitness, and such further fee shall be charged as may be prescribed for examining the vehicle to ascertain whether such further defects have been remedied.

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(7) Wherever an examiner finds a public service or heavy vehicle in any regulated area to be unfit by reason of irremediable defects, he shall inform the Director accordingly and the owner shall not, without the written consent of the Director, apply to have the vehicle examined by any other examiner.
(8) An examiner shall at any time on production, if so required, of his authority, be entitled to enter and inspect any public service or heavy vehicle, and for that purpose may require any such vehicle to be stopped, and may at any time which is reasonable, having regard to the circumstances of the case, enter any premises upon which he has reason to believe that any public service or heavy vehicle is kept.
(9) If, upon any inspection made under the subsection (8), an examiner is satisfied that it is necessary to do so, he may, notwithstanding the provisions of subsection (3), order that the vehicle be taken off the road forthwith, or may issue such directions restricting the use of the vehicle as he may think fit, and the examiner shall forthwith notify the Director of any such order or directions.
(10) The decision of an examiner that a public service or heavy vehicle is fit for use shall be final. His decision that any such vehicle is unfit for use or should be subjected to restrictions affecting such use, shall, if any person aggrieved thereby so requires, be subject to confirmation by the
Director, who may confirm the decision, or may make any such order or give any such direction as is authorised by this section.
(11) Any person who —
(a) causes or permits the use of any vehicle while a prohibition imposed under subsection (5) is in force;
(b) obstructs any examiner in the course of his duty; or
(c) fails to comply with any order or direction given to him under subsection (9) or (10), is guilty of an offence and liable on conviction to a fine of $4,000 and imprisonment for 3 months.

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s 76Certificates of fitness

(1)

No public service vehicle or heavy vehicle shall be used on any road in any regulated area unless there is in force in respect of such vehicle a valid certificate (hereinafter called a certificate of fitness) issued by an

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examiner; and such certificate of fitness shall be carried at all times on the vehicle in respect of which it was issued.

(2)

A certificate of fitness shall state that the vehicle in respect of which it is issued complies with any conditions as to fitness prescribed at the time of the issue thereof and that the vehicle is in all respects fit for the purpose for which it is to be used.

(3)

For the purposes of this section, a certificate of fitness shall be valid for such period not exceeding 2 years from the date of issue thereof as the examiner may approve.

(4)

Such fees as may be prescribed shall be charged for an examination for a certificate of fitness.

(5)

(a)

Any licensing officer within any regulated area in which a public service vehicle or heavy vehicle is being used, who has reason to believe that any such vehicle has ceased to be fit for the purpose for which it is being used, may order that the vehicle be produced for examination by an examiner at a specified time and place, and if such order is not obeyed, the licensing officer may at his discretion prohibit the use of the vehicle until the order is obeyed.

(b)

If, on examination the public service vehicle or heavy vehicle is found to be unfit for the purpose for which it is being used, the licensing officer shall prohibit the use of the vehicle until all necessary repairs, adjustments or alterations have been effected to the satisfaction of the examiner.

(6)

Wherever an examiner finds a public service vehicle or heavy vehicle in any regulated area unfit for use by reason of remediable defects, he shall upon his examination thereof make a full list in writing of all such defects and shall give the owner of the vehicle a copy thereof; and if all such defects are subsequently remedied to the satisfaction of the examiner, he shall issue a certificate of fitness:

Provided that if the examiner upon examining the vehicle to ascertain such defects have been remedied finds any further defects which have appeared or developed since the earlier examination, he shall require the owner to remedy such further defects before issuing the certificate of fitness, and such further fee shall be charged as may be prescribed for examining the vehicle to ascertain whether such further defects have been remedied.

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(7)

Wherever an examiner finds a public service or heavy vehicle in any regulated area to be unfit by reason of irremediable defects, he shall inform the Director accordingly and the owner shall not, without the written consent of the Director, apply to have the vehicle examined by any other examiner.

(8)

An examiner shall at any time on production, if so required, of his authority, be entitled to enter and inspect any public service or heavy vehicle, and for that purpose may require any such vehicle to be stopped, and may at any time which is reasonable, having regard to the circumstances of the case, enter any premises upon which he has reason to believe that any public service or heavy vehicle is kept.

(9)

If, upon any inspection made under the subsection (8), an examiner is satisfied that it is necessary to do so, he may, notwithstanding the provisions of subsection (3), order that the vehicle be taken off the road forthwith, or may issue such directions restricting the use of the vehicle as he may think fit, and the examiner shall forthwith notify the Director of any such order or directions.

(10)

The decision of an examiner that a public service or heavy vehicle is fit for use shall be final. His decision that any such vehicle is unfit for use or should be subjected to restrictions affecting such use, shall, if any person aggrieved thereby so requires, be subject to confirmation by the

Director, who may confirm the decision, or may make any such order or give any such direction as is authorised by this section.

(11)

Any person who —

(a)

causes or permits the use of any vehicle while a prohibition imposed under subsection (5) is in force;

(b)

obstructs any examiner in the course of his duty; or

(c)

fails to comply with any order or direction given to him under subsection (9) or (10), is guilty of an offence and liable on conviction to a fine of $4,000 and imprisonment for 3 months.

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