Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH
George & Sons, Represented By Managing Partnerm K. Muhammed, S/o. Kochumoideen – Appellant
Versus
Union Of India, Represented By Its Secretary, Ministry Of Road Transport & Highways, New Delhi – Respondent
JUDGMENT :
N. NAGARESH, J.
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 ₹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 issuing not
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.
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.
(1) (I) A driver holding a license for Light Motor Vehicle (LMV) class, under Section 10(2)(d) of Motor Vehicles Act, 1988 for vehicles with a gross vehicle weight under 7,500 kg, is permitted to ope....
The competence of the Central Government to issue notifications under Section 88 of the MV Act for tourist vehicles and the competence of the State Government to lay down rules for the uniform to be ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
