Important Point – There cannot be any laxity in implementation of road safety measures.

1. The Petitioner appearing in person has raised important issues concerning implementation of the provisions of the Motor Vehicles Act, 1988 (for short the MV Act) and the Rules framed thereunder. Shri A.Y. Sakhare, learned senior counsel and Shri Warunjikar, learned counsel who were appointed to espouse the cause of the Petitioner, while assisting the Court, have made detailed submissions. Certain submissions are also made by the Petitioner appearing in person. Shri S.K. Shinde, Special Government Pleader who represents the State has not taken adversarial stand and has assisted the Court. He has also made detailed submissions.

2. Under the MV Act, there are different categories of vehicles. In this Public Interest Litigation, the issues raised are mainly about the transport vehicles as defined under Subsection (47) of Section 2 of the MV Act. The main issue raised in this Public Interest Litigation is as regards the manner in which the transport vehicles are checked for the purposes of issuing fitness certificates.

3. Under the provisions of MV Act and in particular Section 39 thereof, the registration of every motor vehicle is mandatory. Section 39 of the MV Act reads thus:-

“39. Necessity for registration. No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:

Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government.”

(Emphasis added)

4. As far as the certificate of fitness is concerned, relevant provision is Section 56 of the MV Act which is applicable to the transport vehicles defined under Sub-section (47) of Section 2 thereof. Subsection (47) of Section 2 of the MV Act reads thus:-

“2(47) Transport vehicle means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.”

5. Subsection (14) of Section 2 defines goods carriage which reads thus:-

“2(14) Goods carriage means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods.”

Sub-section (33) of Section 2 defines private service vehicle which reads thus:-

“(33) Private service vehicle means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes.”

A Public Service Vehicle is defined under Subsection (35) of Section 2 of the MV Act which reads thus:-

“2(35) public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage.”

Sub-section (17) of Section 2 defines heavy passenger motor vehicle which includes private and public service vehicles having un-laden weight of more than 12,000 Kg. Therefore, broadly, all goods vehicle and tourist buses will be covered by the definition of transport vehicle under Subsection (47) of section 2.

6. Broadly speaking, in this Petition, we are concerned with the transport vehicles as defined under Subsection (47) of Section 2 of the MV Act with emphasis on goods carriage and buses including the buses having sleeper facility (Sleeper coaches).

7. Section 56 of the MV Act which deals with certificates of fitness issued to transport vehicles reads thus:-

“56. Certificate of fitness of transport vehicles:—

(1) Subject to the pro