Section 157 in The Orissa Motor Vehicles Rules, 1993
157. Installation and use of weighing devices.
(1)A weighing device for the purpose of section 14 may be-(i)a weigh bridge installed and maintained at any place by or under the orders of the State Government or local authority;(ii)a weigh bridge installed and maintained by any person and certified . by the registering authority to be a weighing device for the purpose of the Act and these rules; or(iii)a portable wheel weigher of any kind approved by the State GovernmentProvided that the Commissioner may issue instructions regarding the process to be followed by the registering authority for installation in a weigh bridge under Clause (ii).(2)The inspection fee of the weigh bridge for this purpose shall be rupees two hundred fifty. The Certificate shall remain valid for a period of one year from the date of inspection by the registering authority or any other Officer authorised by the Commissioner for this purpose.(3)The driver of any goods vehicle shall upon demand by a competent authority so drive and manipulate the vehicle as to place it or any wheel or wheels thereof, as the case may be, upon any weigh bridge or wheel-weigher in such a manner that the weight of the vehicle or the weigh transmitted by any wheel or wheels may be exhibited by the weigh bridge or wheel-weigher.(4)If the driver of motor vehicle fails within a reasonable time to comply with a requisition under Sub-rule (3), person authorised under section 114 may cause any person being the holder of a licence authorising him to drive the vehicles so as to drive and manipulate the vehicle.(5)When the weight of axle, weight of a motor vehicle is determined by separate and independent determination of the weight transmitted by any wheel of the vehicle, the axle weight and the laden weight of the vehicle shall be deemed to the sum of the weight transmitted by the wheels of any axle or by all the wheels of the vehicle, as the case may be.(6)Upon the weighment of a vehicle in accordance with the said section and this rule, the person who has required the weighment or the person in charge of the weighing device shall deliver to the driver or other person in charge of the vehicle a statement in writing of the weight of the vehicle and of any axle, weight of which is separately determined.(7)The driver or other person in charge of, or the owner of a vehicle which has been so weighed may challenge the accuracy of the weighing device by a statement in writing accompanied by a deposit of rupees fifty only delivered-(i)within one hour of the receipt of the statement referred to in Sub-rule (6), to the person by whom the statement was delivered to him; or(ii)within fourteen days of the service on him of notice or proceedings against him under Section 113, to the Court issuing such notice.(8)Upon receipt of a statement challenging the accuracy of a weighing device under Sub-rule (7) the person or the Court, as the case may be, shall, apply to the registering authority for the weighing device to be tested by such person as the registering authority may appoint and the certificate of such person as may be so appointed regarding the accuracy of the weighing device shall be final.(9)If, upon the testing of weighing device under Sub-rule (8), the weighing device is certified to be accurate or to be inaccurate to an extent less than any weight by which the laden weight or unladen weight or any axle weight of the vehicle is shown in the statement referred to in Sub-rule (6) to have exceeded the gross vehicle weight or the registered unladen weight or the registered axle weight, as the case may be, a contravention of Sub-section (3) of section 113 shall be deemed to have been proved.(10)If, upon the testing of weighing device as aforesaid, the weighing device is certified to be inaccurate to an extent greater than any weight by which the laden weight or unladen weight or any axle weight or the vehicle is shown in the statement referred to in Sub-rule (6) to have exceeded the gross vehicle weight or the registered unladen weight, or the registered axle weight, as the case may be, no further proceedings shall be taken in respect of any such laden weight or unladen weight, or axle weight and if the device is certified to be inaccurate to the said extent in respect of every such laden weight, unladen weight, or axle weight actually weighed, the deposit prescribed in Sub-rule (7) shall be refunded.(11)No person shall by reason of having challenged the accuracy of any weighing device under Sub-rule (7), be entitled to refuse to comply with any order in writing issued under section 111.
