The amendment to include trailers and semi-trailers under the definition of motor vehicles is valid, as trailers are defined as motor vehicles under the Motor Vehicles Act, 1988.

1. All the writ petitioners are manufacturers of trailers and semitrailers. In these writ petitions, the writ petitioners have, inter alia, challenged Notification New Delhi in GSR 212 E, dated 20.03.2015 of the Government of India, Ministry of Road, Transport and Highways amending R.126 of the Central Motor Vehicles Rules, 1989.

2. The use of “motor vehicles” is governed by the Motor Vehicles Act, 1988 , hereinafter referred to as “the MV Act”, which contains elaborate provisions for registration of motor vehicles; transfer of ownership thereof; purchase of motor vehicles under hire purchase agreements; alteration in motor vehicles; appeals from orders of Registering authorities; control of transport vehicles including necessity of permits such as stage carriage and contract carriage permits; renting of motor cabs; cancellation and suspension of permits; construction and maintenance of motor vehicles; control of traffic including imposition of speed limits; making driving regulations; wearing of protecting headgear; accidents involving motor vehicles; insurance of motor vehicles. The MV Act also provides for constitution of various motor vehicle authorities and Motor Accident Claims Tribunal.

3. Some of the relevant provisions of the MV Act are set out herein below for convenience:

“2. Definitions. - In this Act, unless the context otherwise requires, -

(17) “heavy passenger motor vehicle” means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms;

(21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road - roller the unladen weight of any of which, does not exceed 7500 kilograms;

(22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward;

(28) “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty - five cubic centimeters;

(39) “semi - trailer” means a vehicle not mechanically propelled ( other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is super - imposed on, and a part of whose weight is borne by, that motor vehicle;

(46) “trailer” means any vehicle, other than a semitrailer and a sidecar, drawn or intended to be drawn by a motor vehicle;

(47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.”

4. S.12, S.27, S.64, S.88(14), S.110, S.137, S.164 and S.208 read with S.211 of the MV Act confers rule making power on the Central Government. In exercise of powers conferred by the aforesaid sections, the Central Government framed the Central Motor Vehicles Rules, 1989.

5. R.126 of the Central Motor Vehicle Rules, as it stood prior to its amendment by the impugned notification dated 20.3.2015, reads as follows:

“126. Prototype of every motor vehicle to be subject to test. - On and from the date of commencement of Central Motor Vehicle (Amendment) Rules, 1993, every manufacturer or importer of motor vehicles other than trailers and semi - trailers shall submit the prototype of th