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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH
All Kerala Motor Driving School Instructors and Workers Association – Appellant
Versus
Transport Commissioner, Thiruvananthapuram – Respondent
| Table of Content |
|---|
| 1. challenge to circular affecting driving schools (Para 3) |
| 2. authority under the motor vehicles act (Para 6 , 7 , 8 , 9 , 10) |
| 3. judiciary’s ruling on regulatory capacity (Para 30 , 31 , 32) |
| 4. disposal of writ petitions (Para 38) |
JUDGMENT :
1. Petitioners in all these writ petitions are owners of Driving Schools. In certain writ petitions, aspirants for Driving Licence also are petitioners. The petitioners challenge Circular No.4/2024 dated 21.02.2024 issued by the Transport Commissionerate of the Government of Kerala, which has been issued with the intention to make Driving Licence Tests more effective. Unless otherwise specified, the parties and exhibits are referred to in this judgment as they are described/marked in WPC 17530/2024, for convenience.
(1) For Driving Tests for “motor cycle with gear” only motorcycles with leg-gear selection and more than 95 CC engine capacity should be used.
(3) For Driving Test for Light Motor Vehicles, vehicles with automatic gear/ automatic transmission and electric vehicles shall not be used.
(5) For the Driving Test Part-1 (Ground Test) of Light Motor Vehicles, angular parking, parallel parking, zig-zag driving and gradient tests s
State regulations on driving schools must align with Central Government authority, emphasizing central jurisdiction over licensing and testing standards.
The Transport Commissioner has the authority to issue regulations for driving tests that align with the Central Motor Vehicles Rules, emphasizing public safety.
Point of law: prescription of standards relating to testing and approval for body building of buses/sleeper coaches, as provided under Rule 125C of the Rules, 1989 are applicable to all buses/sleeper....
The State Transport Authority possesses statutory authority to impose safety regulations on transport vehicles, prioritizing public safety over procedural rights of individual permit holders.
State Government lacks authority to impose vehicle age limit for permit issuance under the Motor Vehicles Act, 1988; such power is vested solely with the Central Government.
The court upholds the authority's power to impose safety conditions on school bus permits under the Motor Vehicles Act.
The State Government lacks authority to issue circulars imposing vehicle age limits for permit renewals, a power reserved for the Central Government under the Motor Vehicles Act, 1988.
It is a cardinal principle of law that when State Government wishes to bring about a Government order or Circulars, it has to be in consonance with Act and Rules.
The subsequent amendments to the Central Motor Vehicles Rules, 1989, and the government orders/circulars regulating the use of flags, insignia, and name boards in motor vehicles rendered the issuance....
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