State Governments may specify vehicle weight regulations under the Motor Vehicles Act to ensure safety without misusing authority.

1. The petitioner in this Civil Rule is the owner of a 1948 - Model Ford V - 8 Motor Vehicle bearing Registration No.ASD - 1353 and he has been holding a public carrier permit for this truck since 1954. Originally, the Manager, Lukwah Tea Estate was the owner of this vehicle and his registration certificate issued on 5th April 1949 shows unladen weight as 5600 lbs. and registered laden weight as 14. 500 lbs. The payload is also shown as the difference between the two figures, namely 8,900 lbs. The petitioner purchased this vehicle from the original owner and the registration certificate with the identical particulars noted above was transferred to his name on 28th August 1953. The petitioner states that the principles to be followed for the purpose of calculating the amount of tax for the vehicle are to be found in the provisions of Assam Motor Vehicles Taxation Act, 1936 and the Rules made thereunder 'on the basis of authorised pay loads in respect of goods vehicles'. (Paragraph 5 of the petition). The Government of Assam published a notification dated 17th February, 1959, with the approval of the Central Government, classifying all transport vehicles other than motor cabs into two broad groups, namely (1) vehicles of 1952 and earlier models of all makes, and (2) vehicles of 1953 and later models of all makes, and specifying the maximum safe laden weights and axle weights at 112½ per cent and 125 per cent respectively of the gross vehicle weights and the maximum axle weights certified by the manufacturers of the vehicles for the aforesaid groups respectively. The notification is marked as Annexure - 'AA' to the petition, and this is the impugned notification in the present proceeding.

2. The notification was made under S.36 of the Motor Vehicles Act , as amended by Act 100 of 1956, which came into force on 15th January 1959. That section may be quoted:
"(1) Having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, other than a motor cab, and its make arid model arid other relevant considerations, a State Government may, with the approval of the Central Government, by notification in the official Gazette, specify in relation to each make and model of a transport vehicle the maximum safe laden weight of such vehicle and the maximum safe axle weight of each axle of such vehicle.
(2) A registering authority, when registering a transport vehicle other than a motor cab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:
(a) the unladen weight of the vehicle;
(b) the number, nature and size of the tyres attached to each wheel;
(c) the registered laden weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and
(d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided;
and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle.
(3) There shall not be entered in the certificate of registration of any such vehicle any laden - weight of the vehicle or a registered axle weight of any of its axles different from that specified in the notification under sub-section (1) in relation to the make and model of the vehicle and to the number, nature and size of the tyres attached to its wheels:
Provided that where it appears to a State Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type, the State G