Kerala High Court
Suo Motu vs Union Of India Represented By The ... on 1 November, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Friday, the 1st day of November 2024 / 10th Karthika, 1946
WP(C) NO. 25158 OF 2024(S)
SUO MOTU
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY (ROAD,TRANSPORT AND
HIGHWAYS), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAWAN, GOKUL NAGAR, SANSAD MARG AREA, NEW DELHI ,PIN - 110001
2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA,PIN - 695001
3. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA , PIN - 695001
4. THE TRANSPORT COMMISSIONER OF KERALA, TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWER, C.V. RAMAN PILLAI ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA,PIN - 695014
5. THE STATE POLICE CHIEF OF KERALA, STATE POLICE HEADQUATERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695010
ADDITIONAL R6 IMPLEADED
6. NOUSHAD I, S/O.SULAIMAN, AGED 42 YEARS, IRUMBADASSERI HOUSE,
VADASSERY, PANNIPPARA P.O., EDAVANNA, MALAPPURAM DISTRICT,
PIN - 676 541.
ADDL. R6 IS IMPLEADED AS PER ORDER DATED 13/09/2024 IN
IA.1/2024 IN WP(C) 25158/2024.
This Suo Motu writ petition again coming on for orders upon perusing the
petition, this Court's orders dated 04/10/2024 and 16/10/2024 and upon hearing
the arguments of SRI. R.V.SREEJITH, SENIOR PANEL COUNSEL for R1, SRI. S
RAJMOHAN (SR.), SENIOR GOVERMENT PLEADER for R2 & R5, P. SANTHOSH KUMAR,
SPECIAL GOVERNMENT PLEADER for R3 & R4 and of SRI. K.RAKESH, Advocate for
Addl.R6, the court passed the following:
P.T.O
W.P.(C)Nos.25158 & 25129 of 2024
:1:
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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W.P.(C)Nos.25158 & 25129 of 2024
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Dated this the 1st day of November, 2024
ORDER
Anil K. Narendran, J.
W.P.(C)No.25158 of 2024On 04.10.2024, when this writ petition came up for consideration, this Court passed a detailed order after referring to the safety standards in AIS-052 - Code of Practice for Bus Body Design and Approval and AIS-008 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicles having more than three wheels including Quadricycles, Trailers and Semi-
Trailers excluding Agricultural Tractors. Paragraphs 12 to 26 of that order read thus;
"12. 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. In the order dated 13.09.2024, this Court noticed the alterations made to the electrical wiring kit of the contract carriage (in violation of the safety standards in AIS052 - Code of Practice for Bus Body Design and Approval) for fitting unauthorised lights 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) and the pasting of stickers on the front W.P.(C)Nos.25158 & 25129 of 2024 :2: windshield 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). 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, which were extracted in paragraph 6 of the order dated 13.09.2024, are extracted hereunder;
13. A few photographs of the contract carriage bearing Registration No.KL-10/BJ-9897 taken, after the additional 6th respondent removed certain unauthorised lights and other fittings, are produced as Ext.R6(g) along with I.A.No.6 of 2024 filed for accepting additional documents. The said photographs are extracted hereunder;
W.P.(C)Nos.25158 & 25129 of 2024 :3:
14. As evident from the photographs extracted hereinbefore, even after the removal of certain unauthorised lights and other fittings, the contract carriage bearing Registration No.KL- 10/BJ-9897, owned by the additional 6th respondent, has unauthorised LED lights fitted on the front bumper, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users. The said vehicle is fitted with unauthorised LED lights on the top, above the level of the windshield, and on the side view mirrors. LED side- marker lamps fitted on the side body (above the level of wheel arches and above the level of the running board) are also capable of dazzling other road users. The number of lights on the 'tail lamp cluster' exceeds the number of lamps as per the specifications of AIS-008. The said vehicle is not fitted with a lamp with white light to illuminate the whole of the registration mark exhibited on the rear side.
15. In view of the provisions under Para.5.16.1 of AIS008, the number of lamps mounted on the vehicle should be equal to the number(s) specified in each of Para.6.1. to Para.6.20. Para.6.3 to Para.6.20 deal with individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of various lamps and retroreflectors. As already noticed, a motor vehicle governed by AIS-008, W.P.(C)Nos.25158 & 25129 of 2024 :4: which is not installed with lighting and light-signalling devices and also retro-reflectors referred to in Para.6.0, conforming to the individual specifications for such lighting and light- signalling devices and also for retro-reflectors prescribed in Paras.6.1 to 6.20, or a motor vehicle governed by AIS008, which is installed with lighting and light-signalling devices or retro-reflectors other than those referred to in Para.6.0, shall not be permitted to be used in any public place, since the use of such a motor vehicle in a public place without complying with the safety standards in AIS-008 is likely to endanger the safety of other road users. As per para 4.1.1.1 of AIS-052, 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. In view of the provisions contained in para 4.1.1.2 of AIS-052, all lighting and light-signalling devices shall be type-approved.
16. In view of the provisions contained in AIS-052, '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 [para 1.1.49]. Similarly, 'passenger area lamps' provided in the passenger compartment are for lighting up the passenger area and assist the passenger in identifying objects and reading the printed matter [para 1.1.55]. The 'luminous flex' of the lamps provided in the 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. 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 [para 4.2.1].
17. In view of the provisions contained in para 6.9.1.2 of AIS- 052, for measurements of illumination as per para W.P.(C)Nos.25158 & 25129 of 2024 :5: 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 the 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. The test methods for 'cabin lighting' and for 'passenger area lighting' are provided under para 6.9.2 and para 6.9.3 respectively.
18. The 'driver cabin' or 'passenger compartment' of a contract carriage or stage carriage governed by AIS-052 cannot be fitted with unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc., flouting the safety standards contained in AIS-052, in order to convert the passenger compartment as a dancing floor. A contract carriage or stage carriage, which is fitted with unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc. in the 'driver cabin' or 'passenger compartment', flouting the safety standards contained in AIS-052, cannot be treated as a vehicle which complies with the provisions of the Motor Vehicles Act and the rules made thereunder, for the purpose of grant of certificate of fitness.
19. In view of the provisions contained in para 7.8.1 of AIS- 052, the accredited bus body building units shall meet the type approval requirements specified in para 7.2. The accreditation granted to the bus body building unit is liable to be suspended or withdrawn in case of non-conformity, by the Ministry of Road Transport and Highways, as per notified procedures for facility accreditation of bus body builders, in view of the provisions contained in para 7.9.1.
20. Section 182A of the Motor Vehicles Act, inserted by the Motor Vehicles (Amendment) Act, 2019, deals with punishment for offences relating to the construction, maintenance, sale and W.P.(C)Nos.25158 & 25129 of 2024 :6: alteration of motor vehicles and components. As per sub- section (4) of Section 182A, whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with a fine of five thousand rupees per such alteration or with both.
21. Section 190 of the Motor Vehicles Act, as substituted by Section 72 of the Motor Vehicles (Amendment) Act, 2019, deals with using vehicle in unsafe condition. As per sub-section (2) of Section 190, any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air - pollution, shall be punishable for the first offence with imprisonment for a term which may extend to three months, or with a fine with may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months and for any second or subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
22. As per sub-section (4) of Section 206 of the Motor Vehicles Act, inserted by Section 88 of the Motor Vehicles (Amendment) Act, 2019, a police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of Section 183, Section 184, Section 185, Section 189, Section 190, Section 194C, Section 194D, or Section 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under Section 19.
23. A contract carriage or stage carriage governed by AIS-008 W.P.(C)Nos.25158 & 25129 of 2024 :7: and AIS-052, which is fitted with unauthorised multicoloured LED lights, neon lights, laser lights, flashlights, etc. in the 'exterior body', 'driver cabin' or 'passenger compartment', flouting the safety standards contained in AIS-008 or AIS-052, cannot be treated as a vehicle which complies with the provisions of Chapter V of the Motor Vehicles Act (which deals with construction, equipment and maintenance of motor vehicles) and the rules made thereunder, for the purpose of grant of certificate of fitness. As per sub-rule (1) of Rule 92 of the Central Motor Vehicles Rules, no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of Chapter V. In view of the prohibition contained in sub-rule (1) of Rule 92 of the Central Motor Vehicle Rules, no person shall use or cause or allow to be used in any public place a contract carriage or stage carriage flouting the safety standards contained in AIS-008 or AIS-052. In addition to the penal consequences provided in the Motor Vehicles Act, the owner of such a vehicle has to be imposed with a fine of Rs.5,000/- per such alteration; i.e., Rs.5,000/- for each unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc. fitted on the 'exterior body', 'driver cabin' and 'passenger compartment', in view of the provisions contained in sub-section (4) of Section 182A of the Motor Vehicles Act, read with S.R.O.No.788/2019 published in the Kerala Gazette Extraordinary No.2577 dated 26.10.2019.
24. In the order dated 13.09.2024, this Court noticed that instead of imposing a fine of Rs.5,000/- per each alteration, i.e., Rs.5,000/- for each unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc., as provided under subsection (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 W.P.(C)Nos.25158 & 25129 of 2024 :8: 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. 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) for fitting unauthorised lights (in violation of the safety standards in AIS008), which are capable of dazzling the drivers of the oncoming vehicle, pedestrians and other road users; pasting of stickers on the front windshield 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 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
25. The learned Central Government Counsel would submit that the order of this Court dated 13.09.2024 has already been communicated to the 1st respondent and instructions from the Ministry of Road Transport and Highways, with specific reference to para 7.9.1 of AIS-052 referred to in paragraph 15 of that order, which deals with the power of the Ministry to suspend or withdraw the accreditation granted to the body building unit in case of non-conformity of production, are awaited.
26. The learned Special Government Pleader seeks time on behalf of the 4th respondent Transport Commissioner to obtain a report from the concerned Enforcement Officer in the Motor Vehicles Department, in terms of the directions contained in the order dated 13.09.2024, on the violation of safety standards in AIS-052 and AIS-008, in contract carriage bearing W.P.(C)Nos.25158 & 25129 of 2024 :9: Registration No.KL-10/BJ-9897, which is owned by the additional 6th respondent."
2. Today, when this matter is taken up for consideration, the learned Special Government Pleader, along with a memo dated 25.10.2024, has placed on record inspection reports dated 13.09.2024, 14.10.2024, 21.10.2024 and 22.10.2024, along with a memo dated 25.10.2024. Along with the report 21.10.2024, the video (in a CD) and photographs taken at the time of inspection of contract carriage bearing Registration No.KL-10/BJ-9897, are enclosed. The reports dated 22.10.2024, 14.10.2024 and 21.10.2024 of the Regional Transport Officer (Enforcement), Malappuram, reads thus;
''In obedience to the interim order dated 26.06.2024 of Hon'ble High Court of Kerala in SSCR No.30 of 2023, the Contract carriage vehicle KL-10/BJ-9897 was checked on 04.07.2024 by Sri. Pramod Sankar M.K., Motor Vehicle Inspector, RTO Enforcement, Malappuram. E Challan was prepared and fine of Rs.6500/- was imposed and also Certificate of Fitness was cancelled due to the various irregularities found in the above vehicle. The vehicle was allowed to park in the property of registered owner with a condition to produce the vehicle before the authorities when required.
As per the interim order of Hon'ble Division Bench of Hon'ble High Court of Kerala in suo motu case W.P.(C)No. 25158 of 2024 dated 13.09.2024, explanation was sought from the Inspection Officer Sri. Pramod Sankar M.K., Motor Vehicle Inspector for the deficit in the number of offences booked in W.P.(C)Nos.25158 & 25129 of 2024 :10: the E Challan prepared on 04.07.2024. The Inspection Officer Sri. Pramod Sankar M.K., Motor Vehicle Inspector in his reply dated 14.10.2024 submitted the following. Checking was conducted at night time on a rainy day in the presence of Interceptor Checking Vehicle flash light. Hence, some of the offences were unable to recognize by him at the time of inspection. Before he realized deficiency in offence entered in the E Challan, the Virtual Court already imposed a fine of Rs.6500/- including fine for dangerous driving under Section 184 of the Motor Vehicles Act. Once E Challan submitted to Virtual Court, it is not possible to "Investigate" or add an additional offence to existing E Challan. As per E Challan submission procedure the E challan containing offence of dangerous driving can only be submitted to Virtual Court. Later, on 04.10.2024 E challan was again prepared by Sri. Pramod Sankar M.K., Motor Vehicle Inspector for offences of fixing unauthorized lights under Section 182A(4) of Motor Vehicles Act and imposed a fine Rs.20000/-. The above E Challan was submitted to Hon'ble Chief Judicial Magistrate Court, Manjeri for prosecution wide MV Case No.45 of 2024 dated 14.10.2024.
Thereafter, on 21.10.2024 the inspection officer Sri. Pramod Sankar M.K., Motor Vehicle Inspector submitted another report after inspecting vehicle on 18.10.2024. His report reveals the following.
1. Head Lamps fitted on the vehicle complies with provisions of 6.1 and 6.2 of AIS 008.
2. Direction indicator Lamps fitted on vehicle complies with provisions of 6.5 of AIS 008.
3. Fog Lamps fitted at front side of the vehicle complies with provisions of 6.3 of AIS 008.
4. Stop Lamp fitted at Rear side of the vehicle complies with Provisions of 6.7 of AIS 008.
W.P.(C)Nos.25158 & 25129 of 2024 :11:
5. Parking Lamps fitted on vehicle complies with Provision of 6.12 of AIS 008.
6. Rear position Lamp fitted on vehicle complies with provision of 6.10 and 2.7.12 of AIS 008.
7. Side Marker Lamps fitted on vehicle complies with provisions of 6.18 of AIS 008.
8. Emergency stop light fitted on vehicle complies with provision of 6.23 of AIS 008.
9. Passenger area lamps fitted on the roof of passenger compartment complies with provisions of 4.1.2.2.1, 4.1.2.4.1.3.4, 4.1.2.4.1.3.2 and 1.1.55 of AIS 052.
10. Driver Cabin light complies with provisions of 1.1.49 and 4.1.2.4.1.2 of AIS 052.
11. Rear Number plate light fitted on vehicle and working as per CMVR 105(2). But the Registration number plate was not fitted on the designated area due to less space availability for double lined HSRP number plate. Later rectified the defect by relocating number plate light above the number plate area as per AIS 008.
12. Vehicle lighting complying CMVR 108.
13. Electrical wiring modification and extra wiring removed from vehicle and now the vehicle Electrical wiring complies with provision of chapter 5 of AIS 052.
He also reported that unauthorized lights detached, removed and rectified on the vehicle contract carriage vehicle KL-10/BJ- 9897 and the vehicle wiring and lighting now complies with the provisions of AIS 008 and AIS 052."
3. The report dated 14.10.2024 of the Motor Vehicles Inspector, in the office of the Regional Transport Officer (Enforcement), Malappuram reads thus;
"As per the direction of Regional Transport Officer, Malappuram checking carried out on Contract Carriage KL- 10/BJ-9897 W.P.(C)Nos.25158 & 25129 of 2024 :12: dated 04.07.2024 at 21.27 p.m. and prepared E challan for the following offences.
1. Vehicle electrical wiring altered for fixing LED light and Sound System.
2. Front Wind Shield glass pasted with Name sticker by obstructing clear vision of the driver.
3. VLTD of vehicle not working.
4. The Driver driven vehicle in dangerous manner which likely to affect the safety of passengers inside the vehicle and other road users.
The above said 4th offence comes under Section 184 of Motor Vehicles Act and which is not compoundable under Section 200 of Motor Vehicles Act. As per E Challan submission procedure this E challan containing offence of dangerous driving can only submitted to Virtual Court. Once E Challan submitted to Virtual Court, we are unable to investigate or add an additional offence to existing E Challan. Checking was conducted at night time on a rainy day in presence of Interceptor Checking Vehicle flash light. Hence some of the offences were unable to recognize by me at the time of inspection. Before I realized short fall in offence entered in the present E Challan, the Virtual Court already imposed a fine of Rs.6500/- including fine for dangerous driving under Section 184 of Motor Vehicles Act.
CFX issued to vehicle on 04.07.2024 and vehicle taken in to custody. Later handed over the vehicle to the registered owner with condition that the vehicle will be produced before the authority whenever required.
Later, as per the order of Hon'ble High Court dated 13.09.2024, E challan was again prepared on 04.10.2024. Booked offences for fixing unauthorized lights under Section 182A(4) of Motor Vehicles Act imposed fine of Rs.20,000/-. The above E Challan was submitted to Hon'ble Chief Judicial Magistrate Court, Manjeri for prosecution wide MV Case No 45 of 2024 dated 14.10.2024.
It is humbly submitted that the deficiency in number of offences detected were not wilfull and the Hon'ble Court may may kindly exempt me from further Court proceedings."
4. The report dated 21.10.2024 of the Motor Vehicles Inspector in the Office of the Regional Transport Officer (Enforcement), Malappuram reads thus;
W.P.(C)Nos.25158 & 25129 of 2024 :13: "As per the direction of Regional Transport Officer Malappuram, the Contract Carriage vehicle KL-10/BJ- 9897 was again inspected for violation of AIS 052 and AIS 008 on 18.10.2024.
Details as follows:-
1. Head Lamps fitted on the vehicle complies with provisions of 6.1 and 6.2 of AIS 008.
2. Direction indicator Lamps fitted on vehicle complies with provisions of 6.5 of AIS 008.
3. Fog Lamps fitted at front side of the vehicle complies with provisions of 6.3 of AIS 008.
4. Stop Lamp fitted at Rear side of the vehicle complies with Provisions of 6.7 of AIS 008.
5. Parking Lamps fitted on vehicle complies with Provision of 6.12 of AIS 008.
6. Rear position Lamp fitted on vehicle complies with provision of 6.10 and 2.7.12 of AIS 008.
7. Side Marker Lamps fitted on vehicle complies with provisions of 6.18 of 008.
8. Emergency stop light fitted on vehicle complies with provision of 6.23 of AIS 008.
9. Passenger area lamps fitted on roof of passenger compartment complies with provisions of 4.1.2.2.1, 4.1.2.4.1.3.4, 4.1.2.4.1.3.2 and 1.1.55 of AIS 052.
10. Driver Cabin light complies with provisions of 1.1.49 and 4.1.2.4.1.2 of AIS 052.
11: Rear Number plate light fitted on vehicle and working as per CMVR 105(2). But the Registration number plate was not fitted on the designated area due to less space availability for double lined HSRP number plate. Later rectified the defect by relocating number plate light above the number plate area as per AIS 008.
12. Vehicle lighting complying CMVR 108.
W.P.(C)Nos.25158 & 25129 of 2024 :14:
13. Electrical wiring modification and extra wiring removed from vehicle and now the vehicle Electrical wiring complies with provision of chapter 5 of AIS 052.
Following unauthorized lights detached, removed and rectified on vehicle.
1. Unauthorized LED light fitted on the front bumper.
2. Unauthorized lights on the top above and on the level of front wind shield glass and on the side view mirror.
3. LED side marker lamps fitted Ion the side body of the vehicle.
4. Additional lamps fitted at tail lamp cluster are not in operating condition and no wiring connection provided for these lights. All these lights removed at the time of inspection.
5. Vehicle number light relocated for accommodating two lined HSRP rear registration number plate.
Vehicle wiring and lighting now complies with the provisions of AIS 008 and AIS 052.
Video and Photograph taken at the time of inspection is attached herewith for the kind perusal of Hon'ble High Court."
5. Having considered the pleadings and materials on record and the submissions made at the Bar, we deem it appropriate to direct the 4th respondent Transport Commissioner, Kerala, through the concerned Enforcement Officers in the Motor Vehicles Department, to ensure strict compliance of the safety standards in AIS-052 - Code of Practice for Bus Body Design and Approval and AIS-008 - Installation Requirements of Lighting and Light-
Signalling Devices for Motor Vehicles having more than three wheels including Quadricycles, Trailers and Semi-Trailers excluding W.P.(C)Nos.25158 & 25129 of 2024 :15: Agricultural Tractors, in respect of the contract carriages used in public place.
6. In the case of the contract carriage bearing Registration No.KL-10/BJ-9897 owned by the additional 6th respondent, the Fitness Certificate has already been cancelled. It is for the competent authority in the Motor Vehicles Department to consider the grant of Fitness Certificate to the said contract carriage, after conducting an inspection, strictly in terms of the provisions contained in Rule 62 of the Central Motor Vehicles Rules, 1989, with specific reference to various safety standards, including that contained in AIS-052 and AIS-008. The colour photographs and video of the bus body, driver cabin and passenger compartment of the said contract carriage taken at the time of inspection conducted as per the requirements of Rule 62 of the Central Motor Vehicles Rules shall be retained by the Registering Authority, in the records.
Stringent action shall be taken against the said contract carriage, in case unauthorised lights and other fittings are fitted again in the said vehicle after obtaining certificate of fitness.
7. The learned Special Government Pleader seeks further time to file the action taken report of the Transport Commissioner, Kerala.
W.P.(C)Nos.25158 & 25129 of 2024 :16: W.P.(C)Nos.25158 & 25129 of 2024 Post on 22.11.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE RPR 01-11-2024 /True Copy/ Assistant Registrar