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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.Manikumar, Shaji P.Chaly, JJ.
Jaffer Khan – Petitioner
Versus
Union Of India, Represented By Secretary And Ors. – Respondents
WP(C). No. 28137 of 2020(S)
Decided On : 18-02-2021
MOTOR VEHICLES ACT - SPEED GOVERNORS - IMPLEMENTATION - PUBLIC INTEREST LITIGATION - DIRECTIONS ISSUED TO IMPLEMENT THE PROVISIONS OF THE ACT AND NOTIFICATIONS ISSUED THEREUNDER - COURT DIRECTED THE STATE GOVERNMENT TO FORM SEPARATE GUIDELINES FOR SELLING SPEED GOVERNOR, TO ENSURE THAT MANUFACTURERS ARE GIVEN SEPARATE GUIDELINES FOR SALES AND SERVICE, TO INSIST ON SOME CRITERIA IN ALLOWING SPEED LIMITER MANUFACTURERS TO SELL BETTER PRODUCTS, TO BRING MORE CLARITY TO THE SEALING REQUIREMENTS, TO USE ITS OWN UNIQUE SECURITY SEAL, TO PRODUCE SPEED LIMITERS WITH SAME QUALITY, USING SAME FACTORY SPACE, AND SAME PRODUCTION PROCEDURES DECLARED TO THE TESTING AGENCIES, TO INITIATE LEGAL ACTION AGAINST THE MANUFACTURER IF A POOR QUALITY DEVICE IS PRODUCED, TO BRING IN GUIDELINES TO PROTECT THE INTEREST OF THE PUBLIC, TO ISSUE GUIDELINES FOR ISSUING INDIVIDUAL SERIAL NUMBER FOR EACH EQUIPMENT, TO ISSUE NEW GUIDELINES TO IMPLEMENT THE RULES PROPERLY, TO INSIST ON SPECIAL CRITERIA IN ALLOWING SPEED LIMITER MANUFACTURERS IN THE STATE AS PER THOSE REQUIREMENTS MENTIONED IN THE CMVR RULES TO AVOID POSSIBLE FAVORITISM AND CONTROL AND MOST IMPORTANTLY AN INFRINGEMENT ON PEOPLE'S RIGHT TO CHOOSE TO BUY ANY PRODUCT THEY WANT, WHICH MEETS THEIR REQUIREMENTS AND DEMANDS, TO INTERVENE OR BRING OUT REGULATIONS OR TRY TO EMPHASIZE CONTROLS THAT WILL NOT INFRINGE OR CURTAIL ANY RIGHTS OF THE CUSTOMER, TO ACCEPT CERTIFICATES ISSUED ONLY BY THOSE AGENCIES WHO ARE APPROVED BY THE MANUFACTURER, TO PROVIDE AN OPTION TO PROVIDE SERIAL NUMBERS OF ALL THE DEVICES SOLD IN THE STATE, TO NOT DO NEW VEHICLE REGISTRATION OR ISSUE FITNESS CERTIFICATE FOR A VEHICLE WITHOUT A VALID SPEED LIMITER DEVICE CERTIFICATE WITH AT LEAST 3 MONTHS' VALIDITY, TO SUBMIT AGENCY WISE DETAILS TO GST DEPARTMENT ON QUARTERLY BASIS INCLUDING GST NUMBER OF THE AGENCY, DEVICE SERIAL NUMBER, AGENCY BILL NUMBER AND BILL VALUE TO ELIMINATE TAX EVASION AND BRING MORE REVENUE TO GOVERNMENT, TO MANUFACTURE SPEED LIMITER DEVICES ONLY IN LOCATIONS APPROVED BY TESTING AGENCIES, TO PROVIDE SERVICE GUARANTEE, TO SUBMIT AN AMOUNT OF RS.1,000/- PER SPEED LIMITER DEVICE TO THE TRANSPORT DEPARTMENT IN ADVANCE AS SERVICE GUARANTEE BEFORE THE EQUIPMENT INSTALLATION CERTIFICATE ISSUED BY THE MANUFACTURER IS ACCEPTED BY THE TRANSPORT DEPARTMENT, TO NOTE THE DETAILS OF THE DEVICE INSTALLED IN RC CERTIFICATE AND THE SAME SHOULD BE MADE APPLICABLE IN THE CASE OF POLLUTION TESTING, TO SUBMIT QUARTERLY REPORTS TO THE HON'BLE SUPREME COURT COMMITTEE ON ROAD SAFETY, REGARDING THE NUMBER OF VEHICLES WHICH CAME UP FOR FITNESS CERTIFICATE AND THE NUMBER OF VEHICLES WHICH FAILED TO COMPLY WITH THE DIRECTIONS REGARDING INSTALLATION OF SPEED GOVERNORS IN ALL THE TRANSPORT VEHICLES, TO EXTEND THE TIME LIMIT FOR IMPLEMENTING THE VEHICLE LOCATION TRACKING DEVICE SYSTEM (GPS) IN MOTOR VEHICLES UPTO 31.12.2020, TO IMPLEMENT THE SLD MODULES ATTACHED TO VAHAN AND IT IS EXPECTED THAT IT CAN BE IMPLEMENTED WITHIN TWO MONTHS, ACROSS THE STATE.
Fact of the Case:
Petitioner, a resident of Arackappady village, Vengola Panchayat, Perumbavoor, claims to be in the Advisory Committee for Road Accident Action Forum (RAAF), for the State of Kerala. He is also a member for Human Right Protection activist and was the President of Perumani Muslim Jamath Committee. The grievance projected by him is with respect to the non-implementation of the Government order regarding installation of speed governors in all the transport vehicles and to form separate guidelines for proper implementation and against tampering of such devices through the State. According to the petitioner, the stand adopted by the authorities concerned in not taking positive steps for implementing the scheme for proper installation of speed governors in the public service vehicles through the State, is illegal, arbitrary and against law.
Finding of the Court:
The Court found that the Ministry of Road Transport and Highways as per notification, GSR.290(E) dated 15.04.2015, has amended Rule 118 of the Central Motor Vehicles (6th Amendment) Rules, 2015. The Kerala Motor Vehicles Department has already implemented the speed limiting device, since 2003. Government, as per notification issued G.O.(P) No.20/2003/Trans. dated 16.04.2003 and published as SRO No.340/2003 in the Kerala Gazette Extraordinary No.632 dated 1.4.2003, have implemented the fitment of speed governors in all the stage carriages and heavy transport vehicles in the State of Kerala, conforming to the Standard AIS:018 in such a manner that the speed governor can be scaled by an official seal or the STA or an RTA in such a way that it cannot be removed or tampered with, without the seal being broken. The said notification has come into force with effect from 1.9.2003. As per notification issued G.O.(P) No.3/2012/Trans. dated 30.01.2012, Government have notified all the transport vehicles carrying school children, except 3 wheeled, shall be fitted with speed governor. The Transport Commissioner has given instructions regarding the fitness of speed governor vide letter Nos.C1/18395/TC/2000 dated 9.8.2006, 23.03.2012, 21.05.2013 and 01.10.2013, and Circular No.14/2016 dated 30.04.2014. In exercise of the powers conferred under sub-rule (2) of Rule 118 of the Central Motor Vehicles Rules, 1989, as per notification G.O.(P) No.59/2016/Trans. dated 25.10.2016 and published as SRO No.667/2016 in the Kerala Gazette Extraordinary No.1859 dated 27.10.2016, State Government have implemented the fitment of speed governors in all the vehicles, except two wheelers, three wheelers, quadricycles, four wheeled and used for carriage of passengers, and their luggage, with seating capacity not exceeding 8 passengers, in addition to driver seat (M1 category) and not exceeding 3500 Kg GVW, fire tenders, ambulances and police vehicles. As per Circular No.14/2016 dated 30.04.2016 issued by the Transport Commissioner, it has been directed that the vehicles which are manufactured on or before 01.10.2015 and which are not fitted with speed limiting device, shall be fitted with a speed governor on or before 31.08.2016. Moreover, all the MVIs and AMVIs are directed to ascertain the fitment of speed governors in all vehicles at the time of registration/issuing of certificate of fitness and at the time of checking of vehicles during enforcement duties. The said direction is carried out in its true spirit by the officials concerned. As per notification issued under G.O.(P) No.20/2003/ Trans. dated 16.04.2003 and published vide SRO No.340/2003 in the Kerala Gazette Extraordinary No.632 dated 21.04.2003, Motor Vehicles Department has notified all the stage carriages and heavy transport vehicles shall be fitted with a speed governor conforming to the standard AIS:018. w.e.f. 01.09.2003. Later, Government as per notification issued under G.O.(P) No.5/2006/Trans dated 13.01.2006 and published as S.R.O.No 29/2006 has notified that all tipper lorries shall be fitted with speed governors, conforming to the Standard AIS 018 in such a manner that the speed governor can be sealed with an official seal of the State Transport Authority or Regional Transport Authority in such a way that it cannot be removed or tampered with, without the seal being broken. Since 2017, State has been submitting quarterly reports to the Hon'ble Supreme Court Committee on Road Safety, regarding the number of vehicles which came up for Fitness Certificate and the number of vehicles which failed to comply with the directions regarding installation of speed governors in all the transport vehicles. A statement show the said particulars is furnished. Notification published in the Gazette of India dated 31.12.2012 (Exhibit-P1) is extracted. Notification published in the Gazette of India dated 01.08.2016 (Exhibit-P2) is extracted. Notification issued by the Government of Kerala dated 25.10.2016 (Exhibit-P3) is extracted.
Issues: None
Ratio Decidendi: None
Final Decision: Writ petition is disposed of, expressing the hope that the Government would take all the necessary steps to honour the commitment, in letter and spirit.
JUDGMENT :
S. Manikumar
Instant Public Interest Litigation is filed by the petitioner for the following reliefs:
(b) To issue writ, order or direction, in the nature of mandamus, or any other appropriate writ, directing the 2nd respondent to implement the guidelines prescribed by the Hon'ble Supreme Court Committee for Road Safety and the Central Government, in a proper manner.
(c) To direct the 3rd respondent or its subordinate officers, to have strict checking in the matter with regard to the implementation of Exhibits-P1 and P3 notifications dated 31.12.2012 and 25.10.2016 respectively, not to grant any extension of time to any category of vehicle, since it would go against the scheme and the objective of the scheme, to provide separate guidelines with regard to the quality of such devices, to provide separate “serial number”, anti-tamper seal and to upload the details in Parivahan or Vahan software of the State, to provide separate directions to the agency, to State security hologram training certificate and also bank guarantee deposit from manufacturers and to cancel the permit, if the device is tampered.”
2. Facts leading to the filing of this writ petition are, petitioner, a resident of Arackappady village, Vengola Panchayat, Perumbavoor, claims to be in the Advisory Committee for Road Accident Action Forum (RAAF), for the State of Kerala. He is also a member for Human Right Protection activist and was the President of Perumani Muslim Jamath Committee.
3. The grievance projected by him is with respect to the non-implementation of the Government order regarding installation of speed governors in all the transport vehicles and to form separate guidelines for proper implementation and against tampering of such devices through the State.
4. According to the petitioner, the stand adopted by the authorities concerned in not taking positive steps for implementing the scheme for proper installation of speed governors in the public service vehicles through the State, is illegal, arbitrary and against law. Petitioner has further stated that the Central Government, by notification dated 31.12.2012 (Exhibit-P1), that all the types of transport vehicles notified under sub-section (4) of Section 41 of the Motor Vehicles Act, 1988 save as provided herein, and manufactured with effect from 01.04.2014, shall be equipped or fitted with a speed governor (speed limiting device or speed limiting function) with a maximum pre-set speed of 80 kilometres per hour by the vehicle manufacturer stage or at the dealership stage, confirming to the Standard AIS:018/2001, as amended from time to time.
5. Petitioner has further stated that Exhibit-P3 notification of the State Government dated 25.10.2016, clearly specifies some category of vehicles and these vehicles shall be fitted with speed governors of prescribed standard and prescribed speed on or before 1st November, 2016. However, the same is not implemented in a proper manner. Hence, he has sought for interference by this Court.
6. Petitioner has further stated that as per the guidelines issued by the Central Government on 15.04.2017, speed governors required to be fitted are to be certified as tamper-proof by notified certified agents. Hence, the State Government has the duty to implement the same. Action of the State Government, in not implementing the guidelines, is against the scheme and its objective.
7. Petitioner has further stated that the time period stipulated for installatio
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