Road Traffic Act, 1968
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Approval marks. |
14.—(1) Where an international agreement to which the State is a party provides for— | |
(a) markings to be applied to vehicles or to vehicle parts for the purpose of indicating conformity of a vehicle part with a type approved by any country, and | ||
(b) vehicle parts bearing those markings, or in respect of which markings have been applied to a vehicle, to be recognised as complying with the requirements imposed by the law of another country, | ||
the Minister may be regulations designate the markings as approval marks, and the use of any markings so designated shall be deemed for the purposes of the Merchandise Marks Acts, 1887 to 1931, to be a trade description, whether or not they are commonly taken, according to the custom of the trade, to be such indication as is mentioned in subsection (1) (a). | ||
(2) A person who, not being authorised by the competent authority to apply an approval mark, applies that mark (or a mark so nearly resembling it as to be calculated to deceive) shall be guilty of an offence under the Merchandise Marks Act, 1887 . | ||
(3) Section 30 of the Merchandise Marks Act, 1931 , shall not apply to an offence committed in connection with an approval mark. | ||
(4) (a) The Minister may by regulations specify the conditions (including payment of fees) subject to which approval of a type may be given on behalf of the State or subject to which the use of approval marks indicating conformity of a vehicle part with a type approved by the State may be authorised, and may provide for the disposition of fees. | ||
(b) Different regulations may be made under this subsection in respect of different classes of cases. | ||
(5) In this section— | ||
“vehicle part” means any article made or adapted for use as part of either a mechanically propelled vehicle or a vehicle drawn thereby, or for use as part of the equipment of either of such vehicles, and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in either of such vehicles; | ||
“the competent authority” means— | ||
(a) as respects any approval mark indicating conformity with a type approved by the State, the Minister, and | ||
(b) as respects any approval mark indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark; | ||
“conformity of a vehicle part with a type approved” includes conformity of a vehicle, fitted with the part in question, with a type vehicle approved as respects only the requirement or requirements which the part enables the vehicle to fulfil. |