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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, P.G. Ajithkumar, JJ.
Suo Motu – Petitioner
Versus
State of Kerala Represented By The Secretary/Joint Secretary To Government, Transport Department and Ors. – Respondents
SSCR NO. 20 OF 2021
Decided On : 10-10-2022
Motor Vehicles (Amendment) Act, 2019 - Section 72(i) (a) to (c), 88 – Motor Vehicles Act, 1988 - Section 190 - Central Motor Vehicles Rules - Rule 118 - Rule 92(1) - Kerala Motor Vehicles Rules - Rule 286 - Motor Vehicles (Driving) Regulations, 2017 - Motor Vehicles Department - After order of Court, in motor accidents involving contract carriages, passengers in those vehicles and other road users sustained serious/fatal injuries. Since use of contract carriages on public place, flouting the safety standards prescribed is posing potential threat to safety of the passengers and other road users, learned Assistant Solicitor General of India was requested, to address arguments on behalf of Ministry of Road Transport and Highways - Stringent action has to be taken against owner and driver of contract carriages or other transport vehicles, which are used in public place after tampering with speed governor installed as provided under Rule 118 of Central Motor Vehicles Rules. (Para 37).
Findings of the Court :
In case any contract carriage, which does not meet the safety standards and the standards prescribed in relation to control of noise is used in any public place for carrying students from any educational institutions, the head of that educational institution and also the teacher or teachers, who are in charge of that trip, who are least bothered about safety of the students, shall also be proceeded against, in accordance with law. Entry of any contract carriages or other motor vehicles violating safety standards or the standards prescribed in relation to control of noise or vehicles with unauthorised alterations, shall not be permitted in premises of any educational institutions in the State, for any purpose whatsoever, including exhibition, auto show, etc. Any such activity shall be prevented by the head of that educational institution, which shall also be reported to the concerned Station House Officer and also the Enforcement Officer in Motor Vehicles Department, so as to enable them to proceed against the owner and driver of such vehicles.
Result : Ordered accordingly.
ORDER :
Anil K. Narendran, J.
This Report filed by the Special Commissioner, Sabarimala, regarding the functioning of Safe Zone Project, Sabarimala, by the Motor Vehicles Department was disposed of by the order dated 10.01.2022 [2022 SCC OnLine Ker 1105 : CDJ 2022 Ker HC 203] with the directions contained in paragraph 120 of the said order. The 2nd respondent Transport Commissioner and the 3rd respondent State Police Chief were directed to file action taken reports before this Court on or before 01.07.2022, which was directed to be placed before the Bench on 11.07.2022. Registrar General was directed to forward a copy of the order dated 10.01.2022 to the Secretary, Supreme Court Committee on Road Safety, for information.
2. In the order dated 26.05.2022 [2022 SCC OnLine Ker 2906 : 2022 (4) KLT 934] this Court noticed that, despite the directions contained in the order dated 10.01.2022, the Enforcement Officers under the 2nd respondent Transport Commissioner and the Police Officers under the 3rd respondent State Police Chief are not taking earnest efforts to ensure strict enforcement of the provisions under the Motor Vehicles Act, 1988, the Central Motor Vehicles Rules, 1989, the Kerala Motor Vehicles Rules, 1989 and the Motor Vehicles (Driving) Regulations, 2017, taking note of the law laid down in the decisions referred to in the said order dated 10.01.2022. After the order of this Court dated 10.01.2022, in motor accidents involving contract carriages, the passengers in those vehicles and other road users sustained serious/fatal injuries. Since the use of contract carriages on public place, flouting the safety standards prescribed in AIS- 008 and AIS-052 (Rev.1) 2008, etc. is posing potential threat to the safety of the passengers and other road users, the learned Assistant Solicitor General of India was requested on 26.05.2022, to address arguments on behalf of the Ministry of Road Transport and Highways.
3. Though, by the order dated 30.08.2022, this Report was ordered to be listed on 07.10.2022 at 4:00 p.m. for further consideration, we have directed the Registry to list this matter before the Bench on 06.10.2022 at 11:00 a.m., in view of a motor accident which occurred on 05.10.2022 at 23.30 hrs. at Anchumoorthy Mangalam in Palakkad District, involving a contract carriage bearing registration No.KL-05/AU-8890 carrying students from Mar Baselios School, Mulanthuruthy, who were on a study tour to Ooty. At the place of the accident, the said contract carriage hit the rear of a KSRTC bus bearing registration No.KL-15/A-1313. In that accident, 9 persons (5 students and 1 teacher in the contract carriage and 3 passengers in the KSRTC bus) sustained fatal injuries. The video taken at the time of the commencement of the journey at Mar Baselios School, Mulanthuruthy, is shown in the news item that appeared in Mathrubhumi news (online). Two screenshots taken from that video clipping, of contract carriage bearing registration No.KL-05/AU-8890 are reproduced hereunder;
4. By the order dated 06.10.2022, the 2nd respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, was directed to take colour photographs and video clippings of the exterior body, driver cabin and passenger cabin of the contract carriage and also the KSRTC bus involved in the accident, which shall be made available for the perusal of this Court on 10.10.2022, along with the accident report of both the vehicles. Registrar General was directed to obtain a copy of the video clipping that appeared in Mathrubhumi news (online), taken at the time of the commencement of the journey by the students of Mar Baselios School, Mulanthuruthy, in the contract carriage in question. By the said order, the 2nd respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department and the 3rd respondent State Police Chief, through the District Police Chief of the concerned Districts, were directed to prohibit the use
Point of Law : If there is any obstruction to the discharge of duties by Enforcement Officers in the Motor Vehicles Department, while conducting inspection in contract carriages and other transport v....
vehicles in public place, flouting the standards in relation to road safety, is likely to endanger the safety of the passengers of such vehicles and also other road users.
Unauthorized modifications to vehicles violate safety standards under the Motor Vehicles Act, posing risks to public safety, necessitating strict enforcement of compliance measures.
Vehicles must comply with safety standards under the Motor Vehicles Act and related regulations; unauthorized modifications render them unfit for public use.
The main legal point established in the judgment is the court's authority to issue directions to ensure crowd management and safety measures at Sabarimala during the festival season, as well as to ad....
The distinction between contract and stage carriages prevails, as any contract carriage used to pick up individual passengers is deemed a stage carriage, violating permit conditions.
Authorities cannot penalize vehicle owners for maintaining Safety Glazing that conforms to VLT requirements as per amended Central Motor Vehicles Rules, reflecting lawful compliance.
The court established that vehicle owners cannot be penalized for using compliant 'Safety Glazing' as per the amended CMV Rules.
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