Section 113: Authorised examiners

113. Authorised examiners (1) No person shall act as an authorised examiner unless he is licensed as such by the Commissioner. (2) The Commissioner shall, at all times, ensure that – (a) an examination station – (i) is properly equipped for the testing of noise and smoke emissions, brakes efficiency, lights, suspension and degree of opacity of windows and windscreens; (ii) is manned by an adequate number of vehicle testers; (iii) is fully operational during opening hours; (iv) is environmentally friendly and complies with any environmental law or any other enactment; and Acts 2016 361 (v) complies with such other requirements as may be prescribed; (b) the equipment used to carry out the examination of motor vehicles and trailers are well maintained and calibrated; (c) the examination of motor vehicles and trailers is carried out in an automated, transparent and objective manner and in accordance with such guidelines and standards as the Commissioner may issue; and (d) an authorised examiner keeps proper records of all vehicles and trailers examined and the records are readily available for examination. (3) (a) The licence of an authorised examiner may, by notice in writing, be suspended or revoked by the Commissioner – (i) for non-compliance with any of the conditions attached to the licence or this Act; or (ii) where the authorised examiner is no more a fit and proper person to hold the licence. (b) The Commissioner shall not suspend or revoke a licence without giving the authorised examiner an opportunity to make written representations against the suspension or revocation. (c) An authorised examiner who is aggrieved by the decision of the Commissioner under paragraph (a) may, within 10 days of being notified of the suspension or revocation, appeal, on payment of such non-refundable fee as may be prescribed, to the Minister.