Circular No. 70/2015/TT-BGTVT dated November 9, 2015, providing for inspection of technical safety and environmental protection for means of road transport

• Official number: 70/2015/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Dinh La Thang
• Issued Date: 09/11/2015

THE MINISTRY OF TRANSPORT --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 70/2015/TT-BGTVT	Hanoi, November 9, 2015

CIRCULAR

PROVIDING FOR INSPECTION OF TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION FOR MEANS OF ROAD TRANSPORT

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Product and Commodity Quality dated November 21, 2007;

Pursuant to the Government's Decree No. 107/2012/ND-CP dated December 20th 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Upon the request of the Director of the Department of Science – Technology and the Director of the Vietnam Register,

The Minister of Transport hereby introduces the Circular on providing for inspection of technical safety and environmental protection for means of road transport.

Chapter I

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Article 1. Scope of application

1. This Circular providing for inspection of technical safety and environmental protection for means of road transport (hereinafter referred to as road vehicles).

2. This Circular shall not apply to:

a) Motorbikes, mopeds, tractors and other similar vehicles;

b) Road vehicles used by military forces and police authorities to serve national defense and security purposes.

Article 2. Applicable entities

This Circular shall apply to organizations or individuals relating to inspection of technical safety and environmental protection for road vehicles.

Article 3. Definition

For the purposes of this Circular, terms shall be construed as follows:

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2. Certificate of inspection of technical safety and environmental protection for a road vehicle (hereinafter referred to as inspection certificate) refers to the certificate stating that a road vehicle has already undergone an inspection and proved its conformity with technical safety and environmental protection standards and regulations.    

3. Technical safety and environmental protection stamp for road vehicles (hereinafter referred to as inspection stamp) refers to an emblem mounted onto a road vehicle which has been accredited by a inspection certificate and licensed to participate in the road transportation for the validity term provided in the inspection stamp within the territory of the Socialist Republic of Vietnam and countries with whom Vietnam has entered into the Mutual Recognition Agreement on inspection certificates. 

4. Original road vehicle refers to a road vehicle of which components, design, structure, operational principle, parameters, specifications of all systems and components parts have not been changed in comparison with those designed by manufacturers.

5. Vehicle documentation record sheet refers to a recording of administrative information and technical specifications of an original road vehicle and an update of changes made during the operational period. 

6. Inspection record sheet refers to a recording of the result to be obtained and photo of a road vehicle to be taken after each inspection.

7. Inspection printout refers to blank certificates, inspection stamps and documentation record sheets of road vehicles.

8. Road vehicle registration authority (hereinafter referred to as vehicle registry) refers to organizations eligible to be granted certificate of motor vehicle inspection as prescribed.

9. Vehicle documentation includes vehicle documentation record sheet and relevant documents used for management relating to administrative aspects and technical specifications in the initial inspection and changes that may occur during the useful life of road vehicles

10. Inspection documentation includes documents recording the result obtained in each inspection and grant of inspection certificates.

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12. Inspection management program refers to the software system built by the Vietnam Register for the purpose of managing administrative information, technical specifications and results obtained from inspection of road vehicles used at vehicle registries and Vietnam Register.

13. Technical material refers to documents or materials of manufacturers, certificates of competent authorities, guidebooks on technical specifications, standards and regulations or other technical printouts which have been published and are of definite origin.

Article 4. Prohibited acts in inspection of road vehicles

1. Conduct inspections under insufficient content, in contravention of processes and regulations, and reject inspection without justifiable reasons.

2. Conduct inspection without ensuring the precision of inspection equipment or upon failure of the local area network; conducting inspection outside the inspection line in contravention of regulations.

3. Designate persons to conduct inspection in contravention of regulations.

4. Force road vehicle owners to bring their motor vehicles to designated vehicle repair or maintenance establishments.

5. Collect charges or fees in contravention of regulations; commit acts of harassing customers for bribes or receive money or gifts in any forms.

6. Conduct inspection and issue inspection certificates to road vehicles of which the operational duration has expired, or despite a written request for non-inspection from a competent state management agency or violations being alerted by the inspection management program.

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Chapter II

ROAD VEHICLE INSPECTION

Article 5. Documents necessary for formulation of vehicle documentation and conduct of inspection

1. Formulation of vehicle documentation

Formulation of vehicle documentation is carried out before the initial inspection for participation in traffic networks. When driving road vehicles to a vehicle registry to formulate vehicle documentation, vehicle owners should present and submit the following documents:

a) Present the original vehicle registration certificate, issued by a competent state management agency or one of the following valid papers such as a copy of vehicle registration certificate certified by safekeeping banks; a copy of vehicle registration certificate certified by finance leasing organizations; an appointment paper for grant of vehicle registration certificates.

b) Present the original valid certificate of insurance for civil liability of motor vehicle owner.

c) Submit documentary evidences of vehicle origin, including one of the following papers: a copy of factory quality inspection note for motor vehicles produced, assembled domestically; authenticated copy of decision on confiscating for auction of competent authorities for motor vehicles which are confiscated for auction; authenticated copy of decision on liquidation for motor vehicles of defense, public security force; authenticated copy of decision on sale of national preserved vehicles.

d) Submit the original certificate of technical safety and quality and environment protection of refurbished road vehicles (required only for newly-refurbished motor vehicles).

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When driving road vehicles to a vehicle registry for inspection, vehicle owners should present and submit documents and provide information as follows:

a) Papers referred to in subparagraph a, b and d paragraph 1 of this Article.

b) Information about login name, password and address of the website for management of tracking devices installed on road vehicles which belong to entities subject to installation of such devices.

Article 6. The vehicle registry conducting inspection

1. Formulation of vehicle documentation and inspection (including supplementations, amendments to vehicle documentation) with respect to road vehicles shall be implemented at any vehicle registry across the nation.

2. Road vehicles must be inspected on an inspection line. For oversized, overmass vehicles which cannot be inspected on the inspection line, they shall be inspected on brake functions and working condition on the off-line testing road. For road vehicles operating on islands, in deep-lying or remote areas where it is impossible to bring vehicles to inspection units, inspection shall be conducted outside inspection units; processes and methods to implement as prescribed in paragraph 3 Article 8 of this Circular.

Article 7. Conduct of examination and assessment of road vehicle

1. Inspected elements, inspection method and defects of road vehicles detected after the inspection process shall be consistent with regulations laid down in Appendix I to this Circular.

2. Defects of road vehicles which are detected after the inspection process shall be classified into 3 levels:

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b) Major defects – MaD mean those which may harm technical safety, cause environmental pollution when they are driving on the road. In this case, road vehicles are not eligible for inspection certificates and need repairing before re-inspection.

c) Dangerous defects – DD mean those which may cause direct and instant dangers during their traffic participation. In this case, road vehicles are not eligible for inspection certificates, are not allowed to participate in traffic networks and need repairing before re-inspection.

3. Road vehicles containing defects at different levels shall be considered the same as those containing defects at the highest level. 

4. Road vehicles containing different defects at the same level shall be considered the same as those containing defects at the higher level than the previous one if a combination of such defects possibly causes more dangers to these road vehicles.

5. Examination and assessment of compliance with requirements of technical safety and environmental protection for road vehicles must be conducted by register officers in which one or more register officer shall be assigned to carry out inspection.

6. Road vehicles entering the inspection place shall be photographed at the vehicle registry with the following detailed requirements:

a) Take a photo of full view of the whole vehicle and a photo of its number plate for the purpose of print such photo in the inspection record sheet.

b) Take a photo of the vehicle which is used for printing in the inspection record sheet. A photo must be taken at a diagonal angle of 45 degree from the back (with respect to a passenger vehicle, a photo should be taken from the back right towards the moving-forward direction); a clear-cut photo (the minimum resolution is 1280 x 720) is required in order to display the whole view of the vehicle and its number plate, in which that vehicle cover about 75% of photo size.

7. Register officers are obliged to drive inspected vehicles for the purpose of checking it. With respect to a combination of single vehicles (tractors and semi-trailers; unibody vehicle and trailers), passenger vehicles of more than 30 seats, if register officers are unable to drive them, they can ask for help from vehicle owners.

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1. Formulation of vehicle documentation

a) The vehicle registry shall receive documents submitted to apply for inspection and, if such documents are adequate as stipulated in paragraph 1 Article 5 of this Circular, this vehicle registry shall accept such documents, verify and print technical specifications from the database of the Vietnam Register (except for road vehicles subject to forfeiture for auction purposes which have not been inspected, liquidated vehicles and national reserved vehicles); otherwise, if such documents are not adequate and valid, vehicle owners shall be instructed to make their applications for inspection further complete.

b) Examine vehicles and check submitted documents with others and a printed copy of technical specifications.

c) If the vehicle passes inspection, enter technical specifications, administrative information of this vehicle into the Inspection Management Program and print vehicle documentation record sheet according to the form stipulated in Appendix II hereof; if the vehicle fails inspection, instruct the vehicle owner to make documents submitted to apply for inspection further complete.

d) Take two clear photos of number plate of a road vehicle for filing purposes (one photo taken at the diagonal angle of about 45 degree from the front next to the vehicle and one photo taken from the back at the opposite angle).

2. Inspection taking place at the vehicle registry

Organizations, individuals transfer motor vehicles and documents as prescribed in paragraph 2 Article 5 of this Circular to the vehicle registry for inspection purposes.

a) Inspection unit shall receive, examine, and compare documents with data in the inspection management program.  If it is insufficient, or invalid, the owner of vehicle shall be guided for re-completion (Certificate of vehicle registration shall be invalid if it is counterfeited; its contents are modified or erased; the validity term expires); if it is sufficient and valid, collection of charges and inspection and assessment shall be implemented in terms of technical safety and environmental protection conditions of such vehicle, and print the inspection record sheet by using the form stipulated in the Appendix III to this Circular.

b) For road vehicles meeting standard of inspection, the vehicle registry shall collect fee for grant of certificate. Hand over the inspection certificate; invoice of registration charge, fee of grant of this certificate to the owner and affix the inspection stamp for that vehicle.

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c) If a road vehicle have defects detected after inspection, the vehicle registry shall print and send a written notification to the vehicle owner to inform the owner of such defects according to the form stipulated in Appendix V to this Circular for the purpose of repair or handling.  If a re-inspection is required, the vehicle registry must post road vehicles that have failed inspection on the inspection management program; the road vehicle shall be allowed to be inspected at any vehicle registry.

3. Inspection taking place outside of the vehicle registry

a) The vehicle owner has a written request clearly stating reasons and inspection place outside the vehicle registry, enclosing the list of vehicles required to be subject to inspection for submission in person or by post or in other relevant form to the vehicle registry.

b) The vehicle registry shall examine and consider the request of vehicle owner. If the vehicle is an eligible entity and the testing road meets requirements, within 03 working days of receipt of the written request, the vehicle registry shall send the written request for inspection outside the vehicle registry enclosing the list of road vehicles or equipment to be inspected to the Vietnam Register. Such written request may be sent directly or by post or in other relevant forms. If the testing road does not meet requirements, a written notification should be sent to the vehicle owner and clearly state the reasons.

c) The Vietnam Register shall examine and verify submitted documents within 3 working days of receipt of the written request before sending a written response to the vehicle registry.

d) The vehicle owner drives the vehicle to the inspection place and the vehicle registry shall carry out inspection according to the process and method defined in paragraph 2 of this Article. If there is no inspection result indicated by testing equipment, the inspection record sheet must be kept blank.

4. Recording amendments and modifications to the vehicle documentation when there is any administrative information.

a) The vehicle owner brings road vehicle as referred to in Article 5 hereof and relevant documents to the vehicle registry for the purpose of recording modifications.

b) The vehicle registry shall examine submitted documents. If such documents are adequate and valid, the registry should record modifications into the vehicle documentation and inspection management program. If such documents are not adequate and valid, the registry should immediately instruct the vehicle owner to further improve them.  If the vehicle registry does not manage the vehicle documentation, documents relating to amendments or modifications are required to be sent to the vehicle registry in charge of vehicle documentation management for the updating and filing purposes.

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a) The vehicle owner brings the road vehicle as referred to in Article 5 hereof and relevant documents or technical materials to the vehicle registry for the purpose of recording any modification.

b) The vehicle registry shall examine submitted documents and check them with data contained in the inspection management program. If such documents are not adequate and valid, the registry should immediately instruct the vehicle owner for the purpose of further improvements. If such documents are adequate and valid, the registry shall carry out inspection and take photo of the vehicle and record amendments or modifications into the vehicle documentation and inspection management program. If the vehicle registry carrying out inspection is not the vehicle registry in charge of management of the vehicle documentation, the vehicle registry must send documents relating to amendments or modifications or copies of the inspection certificate to the vehicle registry in charge of management of vehicle documentation for updating and filing purposes.

Chapter III

INSPECTION FILES, PRINTOUTS AND REPORTS

Article 9. Inspection certificates and stamps

1. Road vehicles after satisfying regulatory inspection requirements shall be granted inspection certificates and stamps according to the form specified in Annex IV hereof.   Inspection certificates, stamps granted to vehicles must have the same serial numbers, which is printed from the inspection management program in the printouts consistently issued by the Vietnam Register with contents relevant to the vehicle documentation and data contained in the inspection management program. 

With respect to motor vehicles which are subject to inspection by using scoring equipment held by the driving test center, trucks used in terminals, stations and areas for mineral extraction and forestry product manufacturing (without a need to participate in traffic networks), and road vehicles which are not allowed to participate in traffic networks, inspection certificates shall be granted but inspection stamps shall not be granted. 

As for oversize and overmass vehicles which have restricted operations, inspection certificates shall be granted but no inspection stamps shall be granted and the note: "In order to drive on the road, the vehicle must be permitted by road management authority” should be printed in inspection certificates.

2. The validity period of an inspection certificate and stamp shall be issued during the inspection periods defined in Appendix II to this Circular but do not exceed the expiry date of a vehicle registration certificate (if applicable) or a road vehicle.

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3. The inspection certificate shall be handed over to the vehicle owner so that this owner can carry along to participate in traffic networks. The inspection stamp is affixed at the right upper corner inside front windshields of road vehicles.   If road vehicles do not have front windshields, inspection stamps shall be attached to the vehicle frame close to the position of installation of registration number plate with transparent protective cover.

4. As for inspection certificates and stamps which have been lost, damaged or torn, the vehicle owner must have the vehicle being inspected again to receive new ones.

5. When documents submitted by the vehicle owner is detected to be falsified, modified or erased; certificate or inspection stamp granted is incompatible with the inspected road vehicles, the vehicle registry must notify competent authorities and take responsibility for revocation of such issued inspection certificates or stamps (if they remain valid).

6. Inspection certificates and stamps shall become void and null if:

a) new inspection certificates and stamps are issued;

b) the vehicle owner declares loss;

c) the vehicle registry sends a notice of revocation;

d) the road vehicle has been involved in accidents so that it fails to meet regulatory requirements relating to the technical safety and environmental protection;

dd) Actual technical specifications of a road vehicle are not consistent with technical specifications defined in the inspection certificate.

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1. The vehicle registry shall formulate and send a request for provision of inspection documents and printouts (directly, by post or emails) according to the form stipulated in Appendix VII hereof to the Vietnam Register from 15^th to 20^th  of the last month of each quarter.

2. The Vietnam Register shall rely on demands and capability of vehicle registries in order to send inspection printouts by post or in person to such registries from 23^rd to 30^th of the last month of each quarter.

Article 11. Inspection reporting

Vehicle registries shall send inspection reports to the Vietnam Register as follows:

1. Periodic reports shall be sent (by post or fax or email) before the 5^th of the consecutive month, including:

a) Report on the result of inspection activities and report on use of inspection printouts printed from the inspection management program.

b) Inventory of inspection printouts according to the form stipulated in Appendix IX hereof.

2. Transmit inspection result data to the database of the inspection management program located in the Vietnam Register at least once a day under the guidance of the Vietnam Register.

3. Before every January 10, report on the list of motor vehicles of which the useful life has expired from January 1 of that year according to the form stipulated in Appendix X hereof.

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5. Make reports requested by competent authorities.

Article 12. Storage of inspection files and data

The vehicle registry must manage and store vehicle documentation, inspection files and inspection data. Documentation must be adequate and must be stored in a good condition to facilitate supervision and examination.

1. Vehicle documentation shall include:

a) Vehicle documentation record sheet;

b) Papers referred to in subparagraph c paragraph 1 Article 5 hereof;

c) Certificate of conformity with technical safety and quality and environment protection requirements of transformed road vehicles (required only for newly-refurbished road vehicles);

d) Photos of full view of a road vehicle stipulated in subparagraph d paragraph 1 Article 8 hereof (even including road vehicles of which number plates have been changed or technical specifications or general design have been changed); 

dd) Copy of the initial inspection certificate after formulation of vehicle documentation or by reason of changes made to technical specifications;

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g) Documents related to amendments or modifications of administrative information, technical information in the past period of use of road vehicles (if any);

h) In the first inspection, the vehicle registry shall not manage documentation of this vehicle in the following circumstances: If the vehicle passes the inspection, the vehicle registry shall send a copy of the inspection certificate to the vehicle registry in charge of management of such vehicle documentation.

2. Inspection documentation shall include:

a) Inspection record sheet; in respect of re-inspection occurring within a working day, inspection record sheets shall be stored in the same inspection file;

a) Copy of papers such as vehicle registration certificate, inspection certificate, inspection stamp which are newly issued to a road vehicle;

c) Documents related to amendments or modifications of vehicle documentation which is not managed by the vehicle registry;

d) Printed copy of the result of inspection of tracking device through website.

3. Inspection data shall be stored at the vehicle registry and in the database of the inspection management program administered by the Vietnam Register.

4. Storage time and location

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b) Inspection files and management and issue record books that are created during the process of inspection shall be stored in the vehicle registry and eliminated after 3 years (36 months) from the inspection date.

c) Inspection of road vehicles by using the inspection line shall be filmed and stored in the vehicle registry at least 30 days from the date of inspection.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS OR INDIVIDUALS

Article 13. Responsibilities of the vehicle owner

In addition to implementation of regulations laid down in this Circular, the vehicle owner shall also be responsible for implementing the following regulations:

1. Do not hire or rent vehicle components, spare parts for the purpose of passing inspection; counterfeit, erase or modify contents of the inspection certificate and inspection certificate.

2. Provide accurate necessary information relating to inspection contents, administrative management contents and technical specifications of road vehicles, even including provision of relevant documentation and materials to the vehicle registry.

3. Store inspection certificates and stamps.

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Article 14. Responsibilities of the Vietnam Register

1. Provide professional guidance and direction relating to inspection of road vehicles and examine implementation of this Circular.

2. Set up, manage and provide guidance on consistent use of the inspection management program, inspection data across the nation, connect to the network for data transmission and management of data on inspected vehicles of vehicle registries.

3. Carry out periodic examination and assessment of relevance of facilities, human resource, documentation, storage and reporting regime as well as other requirements applied to vehicle registries.

4. Carry out annual inspection, assessment and calibration to ensure the status and operation of inspection equipment available at vehicle registries in accordance with regulations laid down in the Law on Measurement, and requirements of equipment producers and road vehicle inspection quality requirements.

5. Hold training in professional Practising of road vehicle inspection. Evaluate, appoint, discharge and issue and revoke certificates of practicing held by inspection officers.

6. Examine and supervise inspection activities of vehicle registries on a regular, periodic and unscheduled manner. Impose penalties for individuals and vehicle registries in accordance with laws and regulations.

7. Print, manage, issue and provide instructions on use of inspection printouts and certificates of various types.

8. Report on the inspection result in accordance with laws and regulations.

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Directors of the Departments of Transport of centrally-affiliated cities and provinces shall be responsible for exercising and collaborate with the Vietnam Register in exercising their delegated authority to manage inspection of road vehicles within their areas.

Article 16. Responsibilities of the vehicle registry

1. Conduct inspection and grant inspection certificates for road vehicles in accordance with laws and regulations. Heads of vehicle registries, persons in charge of the inspection line, inspection officers and professional officers conducting inspection activities shall be responsible for the inspection result.

2. Publicly disclose processes, procedures, contents, implementation steps, standards, regulations, fees, charges and working hours.

3. Carry out document storage and reporting in accordance with regulations. Transfer inspection data, secure passwords and update warning data from the database administrated by the Vietnam Register in accordance with regulations.

4. Comply with and facilitate inspection, examination and supervision of inspection activities conducted by competent authorities. Report inspection results to the Vietnam Register and Departments of Transport.

5. Manage and issue various types of inspection printouts and certificates in accordance with regulations.

6. Regularly educate inspection officials and officers and staff on code of conducts, and prevent any misconduct relating to inspection activities in each registry.

7. Check, maintain and repair inspection equipment or tools to ensure their accuracy and normal working conditions in accordance with regulations.  Report on any breakdowns of inspection line or equipment to the Vietnam Register and Departments of Transport.

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9. Operate the system for advance registration for road vehicle inspection (on the phone, website or via emails) to meet demands of vehicle owners.

10. Draw the annual and long-term plan for training and education for inspection officers and professional staff in each registry in order to ensure that they conform to professional requirements and their inspection practice is improved.

Chapter V

IMPLEMENTARY PROVISIONS

Article 17. Effect

1. This Circular shall enter into force from January 1, 2016 and annul the following documents:

a) Circular No. 56/2012/TT-BGTVT of the Minister of Transport dated December 27, 2012 on procedures for inspection of technical safety and environmental protection of road vehicles.

b) Circular No. 60/2013/TT-BGTVT of the Minister of Transport dated December 30, 2013 on amendments to Article 7 of the Circular No. 56/2012/TT- BGTVT dated December 27, 2012 on inspection of technical safety and environmental protection.

c) Circular No. 10/2009/TT-BGTVT of the Minister of Transport dated June 24, 2009 on inspection of technical safety and environmental protection of road vehicles.

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2. Inspection certificates and stamps which have been issued by vehicle registries to road vehicles before the entry into force of this Circular shall continue its validity until the effect of this Circular comes to an end.

Article 18. Implementation

Chief of Office, Chief Inspector of the Ministry, Directors, General Director of the Directorate for Road, Director of the Vietnam Register and Directors of the Departments of Transport of centrally-affiliated cities and provinces, and heads of related agencies, organizations or individuals, shall be responsible for enforcing this Circular./.

THE MINISTER




Dinh La Thang

APPENDIX VII

INSPECTION PERIOD
(Issued together with Circular No.70/2015/TT-BGTVT dated November 09, 2015 of the Minister of Transport)

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No.

Type of vehicle

Period (month)

First period

Next periods

1. Motor vehicles having up to 09 seats not serving the transport business 

Vehicle age not exceeding 07 years

30

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Vehicle age exceeding 07 years but not exceeding 12 years

12

 Vehicle age exceeding 12 years

06

2. Motor vehicles having up to 09 seats serving the transport business; motor vehicles having more than 09 seats

2.1

Not modified (*)

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06

2.2

Modified (*)

12

06

3. Trucks, dedicated vehicles, tractors, trailers, semi-trailers

3.1

Trucks, dedicated vehicles and tractors whose ages are not exceeding 07 years; trailer and semi-trailer whose ages are not exceeding 12 years

24

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Trucks, dedicated vehicles and tractors whose ages are exceeding 07 years; trailers and semi-trailers whose ages are exceeding 12 years

06

3.2

Modified (*)

12

06

4.  Motor vehicles having more than 09 seats whose age is at least 25 years; Truck and truck tractors whose ages are at least 20 years

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Note:

- The first period shall apply only to new motor vehicles that undergo inspection for the first time in 2 years from the year of production.

- The number of seats of a passenger vehicle includes the seat of the driver.

- ^(*)The vehicles are modified for the purpose of changing their functions, steering system or brake system (except for the installation of auxiliary brake pedal); transmission and suspension system