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Draws the Line: No Passage for Overloaded Trucks Without Offloading Excess
In a firm push for road safety and infrastructure protection, the has ruled that overloaded vehicles must offload their excess cargo before being allowed to proceed on national highways. A led by Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar , hearing Vikas Kumar v. & Ors. (CWJC No. 2921 of 2022), emphasized that fines alone fall short—statutory mandates under the (MV Act) demand stricter measures to curb damage to Bihar's roads and bridges.
The petitioner, Vikas Kumar, appearing in person, highlighted persistent issues on NH-30 (Ara-Mohania packages I & II), where overloaded trucks, often linked to illegal mining, wreak havoc on highways.
From Warnings to Weigh-Ins: The Road to Court Intervention
This stems from ongoing concerns over overloaded vehicles plying Bihar's national highways, causing premature wear on roads and bridges—a problem earlier flagged by the Advocate General. In a prior order dated , the court invoked , directing key authorities—including the Secretary of , State Transport Commissioner, Regional Officer, and officials—to collaborate on solutions. A meeting convened on by the Transport Commissioner followed, but the court found it lacking depth.
from and detailed enforcement stats: over 4.77 lakh e-challans issued statewide in FY 2023-24 (realizing ₹278 crore), rising to nearly 5 lakh in FY 2025-26 (₹301 crore). On the Ara-Mohania stretch alone, over 1.48 lakh challans were issued in FY 2025-26. noted 10 weigh-in-motion systems and 4 static weighbridges at two toll plazas, identifying overloads for toll penalties under the .
Yet, as news reports echoed, the core issue remained: vehicles were fined and waved through, not detained for unloading.
Authorities' Defenses: Fines Flow, But Chaos Looms at Toll Gates
touted its Enforcement Wing's vigilance, citing MV Act provisions for checks within 10-20 km radii and a new notification (No. 4374, ) imposing ₹1-10 lakh fines for illegal mining transport, which curbed overloads. stressed toll-focused weighing under , prohibiting passage without load reduction—but admitted past offloading attempts sparked law-and-order issues, like unrest at Varanasi plazas, without 24/7 police backup.
The AAG-4 criticized delayed weekly reports from toll operators, while pledged real-time data sharing with transport authorities for MV Act action. Still, the minutes ignored Rule 10 discussions, prompting the court's rebuke.
Bench's Blueprint: Beyond Fines to Full Compliance
The court dissected the gap between detection and deterrence, affirming
Rule 10
's mandate: no highway access or toll plaza crossing without excess removal. It rejected half-measures, noting historical bridge collapses from overloading. No precedents were cited, but the ruling hinges on MV Act's explicit bar—vehicles
"shall not be allowed to move"
until compliant, at the owner's risk.
Authorities, the bench held, must provide mechanisms against backlash, like police presence, to enforce this
"strictly... as per the Act and Rules."
Key Observations Straight from the Bench
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"We are of the humble view that detection of the vehicles with excess load, imposition of fine and collection of fine is one aspect, but unless the provision of removal of such excess load is strictly implemented... the problems cannot be addressed."
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"The law mandates that the vehicle shall not be allowed to move until the excess load is removed at the owner's risk. Authorities can stop an overloaded vehicle and require the offloading of excess cargo before allowing it to proceed."
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"Any road/bridge is constructed after considering all parameters and in accordance with its capacity."
These underscore the court's call for holistic, statewide enforcement, extending beyond Ara-Mohania to all Bihar highways.
Next Steps: High-Powered Meet, Statewide Scope
Directing a fresh meeting in the Advocate General's chambers—with AAG-4,
Senior Counsel, and all prior authorities—the court mandated addressing
"all issues, which are also likely to crop up."
A comprehensive affidavit with proposals is due, covering
every road and bridge in Bihar
. The matter lists for , with affidavits exchanged meantime.
This interim order signals a tougher regime: fines may fill coffers, but unloaded trucks are the new rule to safeguard Bihar's infrastructure—and lives—potentially reshaping enforcement nationwide.
