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N. NAGARESH
GEORGE & SONS – Appellant
Versus
UNION OF INDIA, REP. BY ITS SECRETARY, NEW DELHI – Respondent
JUDGMENT :
N. NAGARESH, J.
1. The question arising for consideration in these writ petitions is as to whether the State Government in the Departments of Police or Motor Vehicles are legally authorised to penalise owners of motor vehicles who are maintaining the “Standards of Visual Transmission of Light (VLT)” as specified under Rule 100 of the Central Motor Vehicles Rules, 1989 (‘CMV Rules’ for short) as amended with effect from 01.04.2021, by using “Safety Glazing” conforming to the standards stipulated under the Indian Standard; IS.2553 (Part 2) (First Revision) 2019.
2. In W.P. (C) No. 23146/2022, the 1st petitioner is a Partnership Firm. The 1st petitioner is the sole distributor for the State of Kerala for products manufactured by M/s. Garware Hi-Tech Films Limited, Aurangabad, Maharashtra. The 2nd petitioner is a citizen who was imposed with a fine of Rs. 250/- as per Ext.P8 challan issued by the 5th respondent-AMVI, alleging non-compliance of the standards of VLT for the wind screen or window glasses of his vehicle (motor car) bearing registration No. KL-39M-7002.
3. The petitioners in W.P. (C) No. 28289 of 2022 are aggrieved by the action of the Regional Transport Officer in i
The court established that vehicle owners cannot be penalized for using compliant 'Safety Glazing' as per the amended CMV Rules.
Authorities cannot penalize vehicle owners for maintaining Safety Glazing that conforms to VLT requirements as per amended Central Motor Vehicles Rules, reflecting lawful compliance.
State authorities cannot penalize vehicle owners for compliance with safety glazing standards specified within the Central Motor Vehicles Rules.
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.
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 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 provision for electronic monitoring and enforcement of road safety under the Motor Vehicles Act, 1988 and subsequent amendments, as well as the....
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