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State of West Bengal - Section

Section 271 in The West Bengal Motor Vehicles Rules, 1989

271. Checking of designs of locally manufactured trailers.

(1)An application for the approval of a new design of trailer manufactured in India and intended to be used as a transport vehicle shall be sent to the Secretary, Transport Department in triplicate by the manufacturer or his authorised assembler in Form TLDA. Such application shall be accompanied by three copies of each of the following, in addition to other documents mentioned in the form of application :-
(i)Full specifications.
(ii)Drawings giving all the dimension and details.
(iii)Set of design calculations of -
(a)Axles;
(b)Spring;
(c)Long bearers;
(d)Cross bearers;
(e)Platform tank or anything that may be carried on the cross bearers;
(f)Tow bar;
(g)Turn table of two axle trailers;
(h)Braking arrangements;
(i)Any other items such as shock absorbers, if included.
(2)
(a)The Transport Secretary shall forward the application and the copies of the documents to the Deputy Transport Commissioner (Technical) at Pool Car, or to any other organisation approved by the State Government (hereinafter referred to as "the organisation") having competence and technical capacity to check the design and the trailer, for verification and recommendation of the greatest laden and axle weights in respect of the trailers which are compatible with reasonable safety.
(b)The organisation shall then go through the design and calculation, and if the design is found satisfactory, may certify, the greatest laden and axle weights of the trailer which are compatible with reasonable safety, as per rules framed by the State Government or the Central Government as per sections 110 and 111 of the Act.
(c)In case, the design is not found satisfactory, the organisation shall advise the applicant to that effect, and recommend such changes in the design as may be required, to make the trailers suitable for the desired load.
(d)The organisation may call upon the applicant, to furnish details, if required. In such a case, the applicant shall furnish fresh specifications and drawings, incorporating alterations, if any.
(e)When a design is found satisfactory, the organisation shall return two copies of the approved design, specification and calculations with its recommendations as to the maximum laden and axle weights compatible with reasonable safety to the Transport Secretary. The Transport Secretary, may then approve the design and call for as many extra copies of the approved types of the design, specifications and calculations as may be required by him for sending them to different registering authorities for their record.
(3)The maximum fee which may be charged by the State Government for such checking or design should be notified from time to time. Such fee shall be decided by the State Government in consultation with the Deputy Transport Commissioner (Technical) or with such approved organisation. [The fees shall be paid by the applicant in cash in T.R. Form 7 to be deposited with the Reserve Bank of India. under the appropriate head of accounts and shall not be refundable.] [Substituted vide clause (6) of the Notification No. 7221-WT/3M-151/96 dated 28.9.2001 for the words 'The fees shall be paid by the applicant by Demand Draft or Postal Order and shall not be refundable.'.]
(4)Notwithstanding anything contained in sub-rules (1), (2) and (3) of this rule the approval of the design of the trailer manufactured in India by an authority competent in his behalf in any other States in India shall be deemed to be an approval accorded under these rules subject to the conditions that similar provisions exist in that State as contained in this rule.