Back
2024 Supreme(Ker) 936
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
SREELATHA P.S. W/O SARIN – Petitioner
Versus
REGIONAL TRANSPORT OFFICER (REGISTERING AUTHORITY) – Respondent
W.P. (C) No. 10403 of 2024
Decided On : 12-09-2024
Advocate Appeared:
For the Petitioners: RILGIN V. GEORGE, NAZRIN BANU.
For the Respondent: S. GOPINATHAN.
IMPORTANT POINT
The court established that updated government notifications regarding vehicle weights take precedence over previous manufacturer ratings in determining permissible weights.
Headnote:
Weight - Motor Vehicles - Motor Vehicles Act, 1988 - Sections 2(15), 2(36), 58(1) - The court interpreted the provisions regarding Gross Vehicle Weight and Safe Axle Weight, emphasizing the need for compliance with updated government notifications, leading to the decision to revise the registered weights.
Fact of the Case:
The petitioners, owners of motor vehicles, challenged the rejection of their requests to revise the Gross Vehicle Weight in their Certificates of Registration based on new government notifications that increased the maximum Safe Axle Weight.
Finding of the Court:
The court found that the respondent's refusal to revise the Gross Vehicle Weight was based on outdated notifications and did not consider the updated weights specified in subsequent government advisories.
Issues: Whether the respondent was obligated to revise the Gross Vehicle Weight and Safe Axle Weight in light of new government notifications that specified higher permissible weights.
Ratio Decidendi: The court held that the respondent must adhere to the latest government advisories and notifications regarding vehicle weights, overriding previous manufacturer ratings.
Result: The writ petition is allowed, directing the revision of the Gross Vehicle Weight to 18.5 tonnes.
JUDGMENT :
N. NAGARESH, J.
1. The petitioners, who are owners of motor vehicles, are challenging the orders of the respondent-Regional Transport Officer rejecting the requests submitted by the petitioners for revising the Gross Vehicle Weight (GVW) entered in the Certificate of Registration in accordance with the Notification issued by the Central Government under Section 58(1) of the Motor Vehicles Act, 1988.
2. The petitioners state that by Ext.P1 Notification dated 18.10.1996, the Government of India specified the maximum Gross Vehicle Weight and the maximum Safe Axle Weight of axle of the transport vehicles of various categories prescribed in the Schedule to the Notification. As per Ext.P1, in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle, the maximum Safe Axle weight was specified as 16.2 tonnes. Ext.P1 further specified that if the rating of the gross vehicle weight or axle weight by the vehicle manufacturer is less than that specified for such vehicle in the Schedule, the former rating would be recorded in the Certificate of Registration.
3. Therefore, even though the maximum Gross Vehicle Weight and maximum Safe Axle Weight specified in the Schedule was 16.2 tonnes in the case of rigid vehicles having two axles with to tyres on the front axle and four tyres on the rear axle, the petitioners' goods carriages were registered with a maximum Safe Axle Weight of 15.6 tonnes only since that was the rating given by the vehicle manufacturer.
4. Ext.P1 Notification was superseded by Ext.P4 Notification dated 16.07.2018 and Ext.P5 Notification dated 06.08.2018. By Exts.P4 and P5, the Government of India specified the maximum axle weight in relation to transport vehicles. However, unlike in Ext.P1 Notification, no primacy was accorded in Exts.P4 and P5 to the ratings of the Gross Vehicle Weight or Axle Weight by the vehicle manufacturer. The maximum Safe Axle Weight of various categories of transport vehicles was to be specified in Exts.P4 and P5.
5. After issuing Exts.P4 and P5, the Ministry of Road Transport and Highways, Government of India issued Ext.P6 Advisory dated 07.08.2018. As per Ext.P6, in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle, the maximum Safe Axle Weight was specified as 18.5 tonnes instead of 16.2 tonnes specified in Ext.P1 Notification. In the light of Exts.P4 to P6, the petitioners submitted requests for revising the maximum Safe Axle Weight recorded in the Certificates of Registration of the vehicles as 18.5 tonnes instead of 16.2 tonnes specified by the vehicle manufacturers.
6. The petitioners filed W.P. (C) No. 40081/2022 seeking to direct the respondent to consider their representations and revise the Gross Vehicle Weight in accordance with Exts.P4 to P6. This Court, as per Ext.P7 judgment, directed the respondent to consider Exts.P6 and P7 representations therein.
7. The respondent has passed Exts.P8 and P9 orders rejecting the requests made by the petitioners. According to the respondent, the maximum axle weight specified in the Certificates of Registration of the vehicles of the petitioners is 15.6 tonnes and not 16.2 tonnes as specified in Ext.P1 Notification. Therefore, the revision of the maximum axle weight in accordance with Exts.P4 and P5 Notifications and Ext.P6 Advisory would enure only to vehicles registered with maximum safe axle weight of 16.2
8. The counsel for the petitioners argued that the respondent, while passing Exts.P8 and P9 orders, overlooked the fact that in Ext.P1 Notification the maximum Safe Axle Weight specified in the Schedule to the said Notification would be endorsed in the Certificates of Registration of the transport vehicles specified therein, only in the event of it being less than the rating of Gross Vehicle Weight and Safe Axle Weight by the vehicle manufacturers.
9. The respondent resisted the writ petition. The respondent stated that the Gross Veh
