97. Sections 198, 199, 200 and 201 of the principal enactment are hereby repealed and the following sections substituted therefor:-
| 198.
| | (1) An examiner shall at any time, on production if so required of his authority, be entitled to enter and inspect any lorry or motor tricycle van, and for that purpose to stop the lorry or motor tricycle van, and to detain the lorry or motor tricycle van during such time as is reasonably required for the inspection, and may at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that a lorry or a motor tricycle van is kept. If any person obstructs an examiner in the performance of his duty or where required so to do fails to stop the lorry or motor tricycle van, he shall be guilty of an offence under this Act. | | |
| | (2) If, on the inspection of a lorry or motor tricycle van under subsection (l)s it appears to the examiner that the lorry or motor tricycle van owing to any defects therein, is, or is likely to become, unfit for service until the defects have been remedied, he may prohibit the use of the lorry or motor tricycle van ; | | |
| | (3) Where under this section an examiner prohibits the use of a lorry or motor tricycle van as aforesaid, he shall forthwith give notice in the prescribed form of the prohibition to the registered owner of the lorry or motor tricycle van, the person in charge thereof at the time of the inspection, and to the Commissioner. In the case of a prohibition on the ground of such defects as are specified in the proviso to the last foregoing subsection a notice given under this subsection shall specify the period within which the defects can, in the opinion of the examiner, be remedied. | | |
| | (4) Subject as provided in subsection (2) a prohibition under this section shall become operative as soon as notice thereof has been given either to the registered owner, or to the person in charge of the lorry or motor tricycle van, and shall thereafter continue in force until it is removed in accordance with the provisions hereinafter contained. | | |
| | (5) A prohibition under this section which has become operative may be removed by any examiner if he is satisfied that the lorry or motor tricycle van is fit for service. | | |
| | (6) A person aggrieved by the refusal of an examiner to remove a prohibition may make application to the Commissioner to have the lorry or motor tricycle van inspected by an officer authorized in that behalf in writing by the Commissioner, and, where any such application is made, such officer, on the matter being referred to him, shall, if he considers that the lorry or motor tricycle van is fit for service, remove the prohibition. | | |
| | (7) A person aggrieved by the refusal of an officer authorized by the Commissioner to remove a prohibition may, within the prescribed manner, appeal to the Commissioner, who shall have power to make such order on the appeal as he thinks fit, and any such order shall be binding on such officer. | | |
| | (8) Where any examiner or an officer authorized by the Commissioner withdraws or removes a prohibition he shall forthwith give notice of the withdrawal or removal to the registered owner of the lorry or motor tricycle van and to the Commissioner. | | |
| | (9) No person shall use a lorry or motor tricycle van or cause or permit a lorry or motor tricycle van to be used, at any time whilst a prohibition under this section is operative in relation to the lorry or the motor tricycle van. | | |
| | (10) Any person who is guilty of the offence of contravening the provisions of subsection (9) shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two hundred and fifty rupees in the case of a first offence, and in the case of a second or subsequent offence, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding three months or both such fine and imprisonment. | | |
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| 199.
| | (1) For the purpose of ascertaining the total laden weight or axle load of any lorry or motor tricycle van, any examiner or police officer not below the rank of sergeant may at any time on the production, if so required of his authority, stop any lorry or motor tricycle van on a. highway and may thereupon take reasonable steps to ascertain the laden weight or axle load of the lorry or motor tricycle van, whether by the use of wheel weighers, weighbridge, or other machine for weighing motor vehicles, and may for that purpose require the person for the time being in charge of the lorry or motor tricycle van to drive it or permit it to be driven to the nearest wheel weigher, weighbridge or other machine for weighing motor vehicles. | | |
| | (2) For the purpose of ascertaining the number of persons or passengers, as the case may be, carried in any motor vehicle, an authorized officer may. on the production if so required of his authority, stop that vehicle on any highway and may thereupon take all reasonable steps as may be necessary for that purpose. | | |
| | (3) Where any lorry or motor tricycle van is weighed for the purposes of subsection (1), it shall be the duty of every person on that lorry or motor tricycle van, if required so to do, to alight from the lorry or motor tricycle van before it is, weighed. | | |
| | (4) Where any lorry or motor tricycle van is weighed laden under subsection (1) the amount of the difference between the weight of lorry or motor tricycle van when laden and the tare of the lorry or motor tricycle van as specified in the licence for the time being in force- therefor shall be deemed, until the contrary is proved, to be the weight of the goods carried thereon. | | |
| | (5) The preceding provisions of this section shall apply in relation to a certifying officer and a police officer as they apply to an examiner except that it shall not be necessary for a police officer in uniform to produce any authority. | | |
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| 200.
| | (1) An examiner or police officer not carried is below the rank of sergeant may at any time, on lorries or motor production if so required of Ms authority, tricycle vans. require the person in charge of any lorry or motor tricycle van to produce, and to permit him to inspect and copy, any document which by or by regulations made under this Act is required to be carried on, or by the driver of, the lorry or motor tricycle van and for that purpose may stop and detain the lorry or motor tricycle van for such time as is required 'or the inspection and copying and, if any person, when required by an examiner or a police officer so to do, fails to produce to the examiner or police officer any such document as aforesaid, or to permit him to inspect or copy any such document, that person shall be guilty of an offence under this act. | | |
| | (2) The provisions of subsection (i) shall apply in relation to an officer authorized by the Commissioner or a certifying officer or a police officer as they apply in relation to an examiner, except that It shall not be necessary for a police officer in uniform to produce any authority. | | |
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| 201
| | (1) Any certifying officer or any examiner shall at any time, on the production if so required of his authority be entitled to enter and inspect my motor coach and for that purpose to slop the motor coach and to detain it during such turn as is required for the inspection, and may at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that such motor coach is kept. If any person obstructs any such officer or examiner in the performance of his duty or when required so to do fails to stop a motor coach he, shall be guilty of an offence under this Act | | |
| | (2) It on the inspection of a motor coach under subsection (1), it appears to the certifying officer or examiner that the motor coach owing to any defects therein, is, or is likely to become, unfit for service, until the defects have been remedied, he may prohibit its use on any highway : Provided that, where in the opinion of the certifying officer or examiner, as the case may be, the defects are such as can be remedied within any period nut exceeding forty-eight hours and are nut defects which involve immediately risk to public safety, the prohibition shall not come into operation before the expiration of that period, and shall not come into operation upon the expiration of that period, if any certifying officer or any examiner referred to in subsection (1), being satisfied that the defects have been or are in the course of being remedied, withdraws the prohibition before the expiration of that period. | | |
| | (3) Where under this section any certifying officer or examiner prohibits the use of a motor coach, he shall forthwith give notice in the prescribed form of the prohibition to the registered owner thereof, to the person in charge thereof at the time of the inspection and to the Commissioner. In the case of a prohibition on the ground of such defects as are specified in the proviso to the last foregoing subsection a notice given under this subsection shall specify the period within which the defects can, in the opinion of the certifying officer or examiner, as the case may be, be remedied- | | |
| | (4) Subject as provided in subsection (2) a prohibition under this section shall become operative as soon as notice thereof has been given to the registered owner, or to the person in charge of the motor coach in respect of which the prohibition has been imposed and shall thereafter continue in force until it is removed in accordance with the provisions hereinafter contained. | | |
| | (5) A prohibition under this section which has become operative may be removed by any certifying officer, or any examiner referred to in subsection (1), if he is satisfied that the motor coach in respect of which the prohibition has been, imposed is fit for service. | | |
| | (6) A person aggrieved by the refusal of any certifying officer or examiner to remove a prohibition under this section may make an application to the Commissioner to have the motor coach in respect of which the prohibition is operative inspected by an officer authorized in that behalf in writing by the Commissioner, and where any such application is made, such officer, on the matter being referred to him, shall, if he considers that it is fit for service, remove the prohibition. | | |
| | (7) A person aggrieved by the refusal of an officer authorized by the Commissioner to remove a prohibition imposed under this section may, within the prescribed time and in the prescribed manner, appeal to the Commissioner who shall have power to make such order on the appeal as he thinks fit, and any such order shall be binding on such officer. | | |
| | (8) Where any certifying officer, examiner or an officer authorized by the Commissioner withdraws or removes a prohibition under this section, he shall forthwith give notice of the withdrawal or removal to the registered owner of the motor coach to which the prohibition relates and to the Commissioner. | | |
| | (9) No person shall use a motor coach or cause or permit such motor coach to be used, on a highway at any time whilst a prohibition under this section is operative in respect thereof. | | |
| | (10) Any person who is guilty of the offence of contravening the provisions of subsection (9) shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two hundred and fifty rupees in the case of a first offence, and in the case of a second or sub sequent offence, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment. ". | | |
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Sri Lanka Consolidated Acts