The court established the principle that while the insistence of the Electronic Speed Regulator Device was unauthorized and illegal due to the absence of a proper rule under the Motor Vehicles Act, the authority of the Regional Transport Authority to impose speed limits was acknowledged, and the direction in Ext.P1 was found to promote public safety without causing substantial injustice to the petitioners.

1. There are two petitioners in this O.P. The 1st petitioner is the President of the Ernakulam District Private Bus Operators' Association. He is also the owner of a stage carriage operating within the City of Cochin. The 2nd petitioner is also the owner of a stage carriage running within the City limits of Cochin. The challenge in this case is against Ext.P1 proceedings of the 1st respondent dated 28-1-1986 insisting the installation of Electronic Speed Regulator Device in all private stage carriage vehicles limiting their speed to 50 kilometres per hour. Ext.P1 was passed after issuing notice to all stage carriage permit holders and after hearing them. The petitioners state that it is impracticable to operate the services with the electronic speed control device fitted to the bus which involves needless expenses. This is insisted with regard to buses operating within the City limits alone. This is unauthorised and illegal. S.70 of the Motor Vehicles Act envisages making of rules regulating the construction, equipment and maintenance of motor vehicles and traders and it also envisages framing of rules regarding speed governors. Under S.71 of the Act, limits of the speed for motor vehicles can be prescribed. The 8th Schedule to the Act contains the relevant details. In the absence of a proper rule framed in exercise of the powers under S.70 and 71 of the Act, the insistence of an electronic speed regulator device in all private stage carriages, is unauthorised and illegal. The direction given in Ext. P1 is intended to assist the manufacturers of such devices. The petitioners therefore pray for the issue of a writ of certiorari to quash Ext.P1 and further restrain the respondents from implementing the directions contained in Ext. P1 in the matter of issue of certificate of fitness.

2. I heard counsel for the petitioners Mr. S. Easwara Iyer and also learned Additional Advocate General. Learned Additional Advocate General relied on S.48(3) (xxi) of the Motor Vehicles Act read with R.178 of the Motor Vehicles Rules. Stress was also laid on R.369(a) of the Motor Vehicles Rules, whereby the Regional Transport Authority is authorised to impose speed limits. It was contended that in exercise of the said powers, the Regional Transport Authority will have incidental or ancillary powers to effectuate or to effectively carry out the said powers. So the insistence of electronic speed regulator device is only to carry out or effectuate the imposition of speed limits and so authorised. The 1st respondent after very detailed and mature consideration has held in Ext.P1 that it is mandatory that all city services shall be fitted with electronic speed control devices limiting their speed to SO kilometres per hour. A perusal of Ext.P1 will show that the said order was passed bona fide and in accordance with law and no interference is called for in this O.P.

3. After hearing the rival contentions of the parties, I am of the view that the submission of the learned Additional Advocate General should be accepted. S.48(3) (xxi) enables the Regional Transport Authority to attach to the permit, conditions. R.178 enables the Regional Transport Authority to attach any one or more of the conditions provided in the Act or prescribed in the Rules. R.369(a) permits the Regional Transport Authority to impose speed limits. The speeds limit imposed should be real, effective and capable of proper supervision and control. It is in order to achieve the above purpose, the Regional Transport Authority has insisted that electronic speed regulator device should be installed in all private stage carriage vehicles. The matter has been considered in detail in Ext. P1. The Regional Transport Authority held as follows:

"The R.T.A. has taken cognizance of the fact that there has been a large number of fatal accidents in the city roads and that these accidents have been occurring mainly on account of overspeeding of the city buses. The spate of these fatal accidents