Suo Motu vs Union Of India Represented By The ... on 13 September, 2024

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Kerala High Court

Suo Motu vs Union Of India Represented By The ... on 13 September, 2024

I.A. Nos.1, 2 & 4 of 2024 These are applications are filed by a third party to this writ petition, who is the registered owner of a contract carriage bearing Registration No.KL-10/BJ-9897, who has been issued with Ext.R6(a) show cause notice dated 04.07.2024 under Section 53(1) of the Motor Vehicles Act, 1988.

2. On 12.09.2024, when these interlocutory applications came up for consideration, on a query made by this Court, the learned counsel for the applicant submitted that the contract carriage in question is covered by the safety standards in AIS-052-Code of Practice for Bus Body Design and Approval. The learned counsel for the applicant sought time to place on record the colour photographs of the exterior body, driver cabin and passenger compartment of the said contract carriage. By the order dated 12.09.2024, the learned Special Government Pleader was directed to make available for the perusal of this WP(C) No.25158/2024 3 / 20 2 W.P.(C)No.25158 of 2024 Court, the colour photographs of that contract carriage taken at the time of inspection by the Enforcement Officers in the Motor Vehicle Department.

3. Today, when this matter is taken up for consideration, along with I.A.No.4 of 2024, the applicant has placed on record Ext.R6(g) colour photographs of the contract carriage in question. The learned Special Government Pleader has made available for the perusal of this Court, a few photographs of the exterior body, driver cabin and passenger compartment of contract carriage bearing Registration No.KL- 10/BJ-9897, taken at the time of inspection by the Enforcement Officers in the Motor Vehicles Department and that taken at the time when that vehicle was produced for inspection after removing certain unauthorised lights and other fittings. The learned Special Government Pleader seeks time to place on record those photographs along with a memo.

4. Having considered the submissions made by the learned counsel for the applicant, the learned Special Government Pleader, we deem it appropriate to allow IA No.1 of 2024 by impleading the applicant as additional 6 th respondent in the writ petition. IA Nos.2 & 4 of 2024 are WP(C) No.25158/2024 4 / 20 3 W.P.(C)No.25158 of 2024 allowed, accepting Exts.R6(a) to R6(f) and Ext.R6(g) as documents on the side of the applicant.

5. Registry to carry out necessary corrections in the cause title in terms of the order in IA No.1 of 2024. W.P.(C) No.25158 of 2024

6. The contract carriage owned by the additional 6th respondent, bearing Registration No.KL-10/BJ-9897 is governed by the Safety Standards in AIS-052-Code of Practice for Bus Body Design and Approval. A few photographs of the exterior body, driver cabin and passenger compartment of that vehicle taken at the time of inspection by the Enforcement Officers in the Motor Vehicles Department are extracted hereunder;

WP(C) No.25158/2024 5 / 20

4 W.P.(C)No.25158 of 2024

7. A few photographs of contract carriage bearing Registration No.KL-10/BJ-9897 taken after the additional 6th respondent removing certain unauthorised lights and other fittings are extracted hereunder;

8. From the submissions made by the learned counsel for the additional 6th respondent and the learned Special Government Pleader, we notice that instead of imposing a fine of Rs.5,000/- per each alteration, i.e., Rs.5,000/- for each WP(C) No.25158/2024 6 / 20 5 W.P.(C)No.25158 of 2024 aftermarket multi coloured, LED/laser/neon lights, flash lights, as provided under sub-section (4) of Section 182A of the Motor Vehicles Act, read with SRO No.788/2012 published in the Kerala Gazette Extra Ordinary No.2577 dated 26.10.2019, the additional 6th respondent has been imposed with a fine of Rs.5,500/-, as stated in paragraph 7 of the affidavit filed in support of I.A. No.1 of 2024.

9. The alterations made to the electrical wiring kit of the contract carriage (in violation of the safety standards in AIS-052 - Code of Practice for Bus Body Design and Approval), unauthorised lights fitted in the vehicle which are capable of dazzling the drivers of the oncoming vehicle, pedestrians and other road users (in violation of the safety standards in AIS- 008 - Installation Requirements of Lighting and Light Signalling Devices for Motor Vehicles having more than Three Wheels, including Quadra Cycles, Trailor and Semi-Trailor, excluding Agricultural Tractor), pasting of stickers on the front wind shield of the contract carriage causing obstruction to the clear vision of the driver to the front (in violation of the provisions contained in Rule 278 of the Kerala Motor Vehicles Rules, 1989) and disabling Vehicle Location Tracking Device fitted in the contract WP(C) No.25158/2024 7 / 20 6 W.P.(C)No.25158 of 2024 carriage are the violation of the safety standards noted in Ext.R6(c) show cause notice issued to the additional 6th respondent, invoking the provisions under Section 55(3) of the Motor Vehicles Act, 1988, for cancellation of the Certificate of Registration of the contract carriage.

10. As evident from the photographs extracted hereinbefore, the contract carriage owned by the additional 6th respondent, even after removal of certain unauthorised lights and other fittings, is having unauthorised LED lights fitted on the front bumper and inside the radiator grill, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby causing a potential threat to the safety of other road users.

11. Chapter 1 of AIS-052 deals with scope and definitions of the Code of Practice for Bus Body Design and Approval. As per para 1.1.49, 'cab lamp' or 'courtesy lamp' fitted in the driver cabin above the head of the driver is for lighting up the dashboard area and the inside driver cabin, which is meant for operation while the bus is stationary. As per para 1.1.55, 'passenger area lamps' provided in the passenger compartment are to light up the passenger area and assist the WP(C) No.25158/2024 8 / 20 7 W.P.(C)No.25158 of 2024 passenger in identifying objects and reading the printed matter.

12. Chapter 4 of AIS-052 deals with lighting and illumination. As per para 4.1.1.1, external lighting and light signalling devices of the bus shall comply with the rules laid down under the Central Motor Vehicles Rules, 1989, and as amended from time to time. As per para 4.1.1.2, all lighting and light-signalling devices shall be type approved. As per para 4.1.2.1, internal lighting and light-signalling devices shall provide adequate illumination inside the bus for the safe operation by the driver and the passengers, during darkness and other conditions of reduced visibility. The position of the illumination devices is provided in para 4.1.2.2 and the type of bulbs for lamp assemblies is provided in para 4.1.2.3. Para 4.1.2.4.1.2 deals with driver cabin lighting. Cab lamp or courtesy lamp, locker lamp and electrical distribution lamp fall under this category. Similarly, para 4.1.2.4.1.3 deals with passenger compartment lighting. Exit lamps and passenger area lamps falls under this category. The 'luminous flex' of the lamps provided in driver cabin and passenger compartment is provided in para 4.1.2.4.1.2.3 and 4.1.2.4.1.3.3 of AIS-052. Para 4.1.2.4.1.3.2 makes it explicitly clear that the lighting WP(C) No.25158/2024 9 / 20 8 W.P.(C)No.25158 of 2024 devices used for passenger area should ensure reading of signages inside the passenger area and other important signs like emergency signs. The illumination should light up handles, latches, norms, roads, hand-holds, etc., facilitating easy access to passenger. The illumination should be adequate for reading printed matter by the passenger. Para 4.2 of AIS-052 deals with type approval. As per para 4.2.1, the lighting and light signalling devices fitted in buses shall be type approved for performance as well as installation requirements as notified under the Central Motor Vehicles Rules, 1989, and as amended from time to time. As per para 4.2.2, all the above information shall be incorporated in the technical specification submitted for the type approval.

13. Chapter 5 of AIS-052 deals with electrical equipment and wiring. Para 5.1 deals with electrical cables and para 5.4 deals with safety requirements. As per para 5.4.2, additional circuits shall not draw current more than that specified by the manufacturer. As per para 5.4.4, no circuit provided by the vehicle manufacturer or type approved shall be modified. Para 5.5 deals with batteries. As per para 5.5.2, the battery compartment shall be separated from the passenger WP(C) No.25158/2024 10 / 20 9 W.P.(C)No.25158 of 2024 compartment and if provided in the driver's compartment, it shall be covered and well ventilated. Para 5.6 deals with electrical wiring and circuits. As per para 5.6.1, the circuit diagram of the bus provided by OE vehicle manufacturer shall not be tampered. Chapter 6 of AIS-052 deals with test methods, which includes body structure strength test, roll over test on a body section, seat requirements for driver/co-driver seat and passenger seat, electrical conductor test. Para 6.9 deals with test methods for illumination. As per para 6.9.1.2, for measurements of illumination as per para 4.1.2.4.1.2.3 (driver cabin lighting) and para 4.1.2.4.1.3.3 (passenger compartment lighting) a lux meter shall be employed. After switching on the individual lighting devices, in as installed condition, the lux meter shall be placed at the location specified in para 4.1.2.4.1.2.3 and para 4.1.2.4.1.3.3 and then lux values shall be noted. These lux values shall fall within the prescribed limits. Para 6.9.2 deals with test methods of cabin lighting and para 6.9.3 deals with test methods for passenger area lighting.

14. Chapter 7 of AIS-052 deals with type approval and conformity of production (COP) procedure. Para 7.1. of AIS-052 WP(C) No.25158/2024 11 / 20 10 W.P.(C)No.25158 of 2024 deals with scope. As per para 7.1.1, the type approval procedure specified in this code is applicable to buses with a seating capacity of 13 passengers or above. As per para7.1.3, the system for approval of prototype (Rule 126) and conformity to production (Rule 126A) to comply with provisions with respect to the safety, strength and technical requirements specified in the bus body building code shall be based on the standards notified from time to time. Para.7.2 deals with the procedure for type approval.

15. Para 7.8 of AIS-052 deals with accreditation of bus body builders. As per para 7.8.1, all bus body building units shall be accredited by agencies notified by the Government. The accredited bus body building units shall meet the type approval requirements specified in para 7.2. Para 7.9 deals with non-conformity of production. As per para 7.9.1, the accreditation granted to the bus body building unit may be suspended or withdrawn in case of non-conformity as per notified procedures for facility accreditation of bus body builders, by the Ministry of Road Transport and Highways.

16. Having considered the submissions made by the learned counsel for additional 6th respondent and the learned WP(C) No.25158/2024 12 / 20 11 W.P.(C)No.25158 of 2024 Special Government Pleader with specific reference to the photographs extracted hereinbefore at paragraphs 6 and 7, we deem it appropriate to direct the 4th respondent Transport Commissioner to get a report from the concerned Enforcement Officer in the Motor Vehicles Department on the violation of the safety standards in AIS-052 - Code of Practice for Bus Body Design and Approval and that contained in AIS-008 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicles having more than Three Wheels, including quadra cycles, Trailer and Semi-Trailer, excluding Agricultural Tractor, in contract carriage bearing Registration No.KL-10/BJ-9897 owned by the additional 6th respondent, with specific reference to the requirements of AIS-052 dealt with hereinbefore at paragraphs 11 to 15. In the said report the concerned Enforcement Officer shall offer explanation for imposing a fine of Rs.5,500/- only on the said contract carriage, instead of imposing a fine of Rs.5,000/- per each alteration, i.e., Rs.5,000/- for each unauthorised after-market multi- coloured LED/Laser/Neon lights, flashlights, etc. The Transport Commissioner shall also obtain a report from the Registering Authority of contract carriage bearing Registration No.KL- WP(C) No.25158/2024 13 / 20 12 W.P.(C)No.25158 of 2024 10/BJ-9897 explaining the circumstances in which such a contract carriage is granted Certificate of Registration openly flouting the safety standards in AIS-052. In that report, the Registering Authority shall point out the alterations made in the contract carriage in violation of the type approval granted to the accredited body builder and also the details of the accredited body builder.

17. On a query made by this Court, the learned counsel for the additional 6th respondent would submit that the additional lights and other fittings were fitted in the body building yard of M/s. Prakash Body Builders, as required by the additional 6th respondent owner of contract carriage bearing Registration No.KL-10/BJ-9897.

18. As evident from the photographs extracted hereinbefore at paragraph 7, even after removing unauthorised lights and other fittings, the aforesaid contract carriage is fitted with unauthorised LED lights on the front bumper. Lights in excess of the number prescribed in AIS-008 are fitted on the bus body, driver cabin and passenger compartment. The lights fitted in the passenger compartment and driver cabin are in violation of the safety standards contained in AIS-052 WP(C) No.25158/2024 14 / 20 13 W.P.(C)No.25158 of 2024 regarding driver cabin lighting and passenger compartment lighting. Despite the directions contained in various orders of this Court, the concerned Enforcement Officers in the Motor Vehicles Department has not initiated prosecution against the owner and driver of the said contract carriage for using such a vehicle on public place, which is an offence punishable under sub-section (2) of Section 190 of the Motor Vehicles Act, 1988.

19. Having considered the materials on record and also the submissions made at the Bar, we deem it appropriate to direct the learned Special Government Pleader to get instructions from the 4th respondent Transport Commissioner on the failure of the Enforcement Officers in the Motor Vehicles Department in preventing the use of such contract carriages on public place, posing threat to the safety of its passengers and also other road users.

20. On 12.09.2024 when this matter came up for consideration, the learned Senior Government Pleader has made available for the perusal of this Court a copy of FIR in Crime No.805/2004 of Feroke Police Station, Kozhikode registered in connection with an incident that happened on 11.09.2024 at 3.30 p.m. in front of Feroke College, in WP(C) No.25158/2024 15 / 20 14 W.P.(C)No.25158 of 2024 connection with Onam celebrations, involving vehicles bearing Registration Nos.UP-16/AV-9400, KL-56/W-5576, DL-3C/BV- 8383, KL-72/E-1999 and KL-46/T-5900. The learned Special Government Pleader has made available for the perusal of this Court a report dated 12.09.2024 of the Regional Transport Officer (Enforcement), Kozhikode to the Joint Transport Commissioner (Enforcement), Thiruvananthapuram, regarding the above incident, in which Challans have been issued in respect of the following vehicles;

                            Vehicle Number      Challan Number

                            KL-11-BY-5522       KL5148976240912092943

                            KL-65-T-2631        KL5148976240912084982

                            KL-06-3691          KL5148976240912082577

                            KL-01-BF-2126       KL5148976240912081745

                            KL-71-G-8005        KL51306240912103450

21. By the order dated 12.09.2024, the learned Special Government Pleader was directed to get instructions as to whether the vehicles involved in that incident have already been taken into custody and whether the drivers of those vehicles have been identified for initiating proceedings under Section 19(1) of the Motor Vehicles Act, 1988, for suspension of their driving licence.

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15 W.P.(C)No.25158 of 2024

22. Today, when this matter is taken up for consideration, the learned Special Government Pleader has made available for the perusal of this Court report dated 13.09.2024 of the Regional Transport Officer (Enforcement), Chevayur, Kozhikode regarding an incident that happened in connection with Onam celebrations in Feroke College. In that report, the details of the 8 vehicles involved in that incident have been pointed out along with the particulars of e-challan already issued. A few screenshots taken from the news item that appeared in Manorama News are extracted hereunder; WP(C) No.25158/2024 17 / 20 16 W.P.(C)No.25158 of 2024 WP(C) No.25158/2024 18 / 20 17 W.P.(C)No.25158 of 2024

23. The learned Special Government Pleader has made available for the perusal of this Court, the proceedings of the Regional Transport Officer (Enforcement) in respect of an incident that happened in connection with Onam celebrations at Kanjhirode. We have also viewed in open court a news item that appeared in visual media about that incident.

24. Having considered the materials on record and also the submissions made at the Bar, we deem it appropriate to direct the 4th respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, to take necessary steps to ensure that the vehicles involved in the above incidents are taken into custody and produced before the Jurisdictional Magistrate Courts, for initiating prosecution. All the vehicles shall be thoroughly checked by the Senior Officers in the Motor Vehicles Department, in order to find out whether the engine, suspension and the exhaust system had undergone WP(C) No.25158/2024 19 / 20 18 W.P.(C)No.25158 of 2024 any alterations, modifications, in violation of the safety standards. The Enforcement Officers shall also verify whether those vehicles are fitted with strobe lights, flashlights, etc., in violation of the safety standards in AIS-008. For using any vehicle in public place, flouting the safety standards, etc., prosecution shall be initiated against the owner and driver of the vehicle, invoking the provisions under sub-section (2) of Section 190 of the Motor Vehicles Act. Detailed reports of the concerned Enforcement Officers in respect of the aforesaid incidents shall be placed on record before this Court, within a period of one month.

25. The 4th respondent Transport Commissioner and the 5th respondent State Police Chief shall take necessary steps to ensure that such incidents are not repeated in future.

List on 27.09.2024.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

                                                           P.G. AJITHKUMAR, JUDGE

           SMF




13-09-2024                         /True Copy/                            Assistant Registrar
 WP(C) No.25158/2024                    20 / 20

                       APPENDIX OF WP(C) 25158/2024
Exhibit R6(a)         A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE RTA,

MALAPPURAM UNDER SECTION 53(1) OF THE MOTOR VEHICLES ACT, 1989 DATED 4-7-2024 Exhibit R6(b) A TRUE COPY OF THE NOTICE IN FORM NO.CFX ISSUED AS PER RULE 107 OF THE KERALA MOTOR VEHICLES RULES DATED 4-7-2024 Exhibit R6(c) A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 24-7-2024 ISSUED BY THE RTA, MALAPPURAM Exhibit R6(d) A TRUE COPY OF THE ORDER DATED 26-6-2024 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN SSCR NO.30/2023 Exhibit R6(e) A TRUE COPY OF THE REPLY DATED 29-07-2024 SUBMITTED TO EXHIBIT R6(C) SHOW CAUSE NOTICE Exhibit R6(f) A TRUE COPY OF THE JUDGMENT DATED 8-8-2024 PASSED BY THE SINGLE BENCH OF THIS HON'BLE COURT IN W.P(C).NO.28308/2024 13-09-2024 /True Copy/ Assistant Registrar

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