36. [ Special provisions in regard to transport vehicles. [Substituted by section 32, Act 100 of 1956, for former sections 36 and 37 (w.e.f. 15-1-1959).]
(1)Having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, other than a motor cab, and its make and model and other relevant considerations, [the Central Government may] [Substituted for the original sub-section (1), by the Motor Vehicles (Amendment) Act, 1956 (100 of 1956), section 29 (w.e.f. 16.2.1957).] by notification in the Official Gazette, specify in relation to each make and model of a transport vehicle the maximum safe laden weight of such vehicle and the maximum safe axle weight of each axle of such vehicle.(2)A registering authority, when registering a transport vehicle other than a motor cab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely :-(a)the unladen weight of the vehicle;(b)the number, nature and size of the tyres attached to each wheel ;(c)the registered laden weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and(d)if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods', the number of passengers for whom accommodation is provided;and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle.(3)There shall not be entered in the certificate of registration of any such vehicle any laden weight of the vehicle or a registered axle weight of any of its axles [different from that] [Substituted for 'in excess of that' by Act 56 of 1969, section 14 (w.e.f. 2-3-1970).] specified in the notification under sub-section (1) in relation to the make and model of the vehicle and to the number, nature and size of the tyres attached to its wheels :Provided that where it appears to [the Central Government] [Substituted for the words 'a State Government'', by Act 47 of 1982, section 7 (w.e.f. 1-10-1982).] that heavier weight than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type [the Central Government] [Substituted for the words 'the State Government', by Act 47 of 1982, section 7 (w.e.f. 1-10-1982).] may, by order in the Official Gazette, direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order.(4)When by reason of any alteration in such vehicle, including an alteration in the number, nature or size of its tyres, the registered laden weight of the vehicle or the registered axle weight: of any of its axles no longer accords with the provisions of sub-section the provisions of section 32 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weights which accord with the said sub-section.(5)In order that the registered weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub-section (3), the 'registering authority may require the owners of transport vehicles in accordance with such procedure as may be prescribed to produce the certificates of registration within such time as may be specified by the registering authority.]
