Section 202 in The M.P. Motor Vehicles Rules, 1994
202. Installation and use of weighing devices.
(1)A weighing device for the purpose of Section 114 of the Act may be-(i)a weighing bridge installed and maintained at any place by or under the order of the Government or a local authority or a railway administration;(ii)a weigh-bridge installed and maintained by any person and certified by the weights and measures department of the State, or(iii)a portable wheel-weigher of any kind approved by the Transport Commissioner.(2)The driver of any goods carriage shall upon demand by an officer of the Transport Department not below the rank of Assistant Transport Sub-Inspector or a Police Officer not below the rank of Sub-Inspector so drive and manipulate the vehicle as to place it on any wheel on 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 weight transmitted by any wheel or wheels may be exhibited by the weigh-bridge or wheel-weigher.(3)If the driver of a motor vehicle fails within a reasonable time to comply with a requisition under sub-rule (2), a person authorised under Section 114 of the Act may cause any person, being the holder of a licence authorising him to drive the vehicle, so to drive and manipulate the vehicle.(4)When the weight or axle weight of a motor vehicle is determined by separate and independent determination of the weight transmitted by any wheel or wheels of the vehicle, the axle weight and the laden weight of the vehicle shall be deemed to be the sum of the weights transmitted by the wheel of any axle or by all the wheels of the vehicles as the case may be.(5)Upon the weighment of the vehicle in accordance with Section 114 and this rule the person who required the weighment or the person incharge of the weighing device shall deliver to the driver or other person incharge of the vehicle a statement in writing of the weight of the vehicle and of any axle, the weight of which is separately determined.(6)The driver or other person incharge 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 fifty rupees, deliver-(i)within an hour of the receipt of the statement referred to in sub-rule (5) to the person by whom the statement was delivered to him; or(ii)within fourteen days of the service on him of a notice of proceedings against him under Section 113 of the Act to the Court issuing such a notice.(7)Upon receipt of a statement challenging the accuracy of weight device under sub-rule (6), the person or the Court by whom the statement is received shall write lo weights and measures department for the weighing device to be tested by an Inspector of the Department and the certificate of such Inspector regarding the accuracy of the weighing device shall be final.(8)If, upon testing the weighing device under sub-rule (7) the weighting 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 of the vehicle is shown in the statement referred to in sub-rule (5) to have exceeded the gross vehicle weight or the unladen weight, as the case may be, a contravention of sub-section (3) of Section 113 of the Act shall be deemed to have been proved.(9)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 of the vehicle is shown in the statement referred to in sub-rule (5) to have exceeded the laden weight or unladen weight, as the case may be, no further proceedings shall be taken in respect of any such laden weight or unladen weight if the device is certified to be inaccurate to the said extent in respect of every such laden weight or unladen weight actually weighed the amount of deposit provided in sub-rule (6) shall be refunded.(10)No person shall, by reason of having challenged the accuracy of any weighing device under sub-rule (6) be entitled to refuse to comply with any order in writing under Section 114 of the Act.(11)[ The State Government may. by notification in the Official Gazette. specify the service charges which shall be borne by the vehicle owner or driver at the border check post or at such other check posts, as specified in the said notification. for the services such as weighment, data-entry, loading and unloading of goods. parking and other allied services offered at such check post, and different service charges may be notified for different check posts.] [Added by Notification No. F. 22-60-2008-VIII dated the 20.4.2010, Published in M.P. Rajpatra Part IV (Ga) dated 30-4-2010 Pages 259-260.]
