V. Kannan v. Union of India, rep. by its Secretary, Ministry of Road Transport & Highway
2018-03-05
ABDUL QUDDHOSE, INDIRA BANERJEE
body2018
DigiLaw.ai
ORDER : INDIRA BANERJEE, J. 1. This Court, by order dated 05.9.2017, passed the following order : "This writ petition in public interest filed by the petitioner, a lawyer by profession, relates to the contravention of Government notification No.SRO A-15(d-2)/2015 for fitment of speed governors (speed limiting device or speed limiting function) in transport vehicles under Central Motor Vehicles Rules, 1989. 2. Rule 118 of Central Motor Vehicles Rules, 1989 provides as follows: “118. Speed Governor. - (1) On and from the commencement of this rule, such transport vehicles as may be notified by the State Government in the Official Gazette shall be fitted by the operator of such transport vehicle with a speed governor (speed-controlling device) conforming to the Standard AIS:018, as amended from time to time in such a manner that the speed governor can be sealed with an official seal of the State Transport Authority or a Regional Transport Authority in such a way that it cannot be removed or tampered with, without the seal being broken. (2) The speed governor of every transport vehicle shall be so set that the vehicle is incapable of being driven at a speed in excess of the maximum preset speed of the vehicle except down an incline. 3. G.O.(Ms) No.563, Home (Transport-V) Department, dated 10th June 2010 was issued by the Governor of Tamil Nadu under Rule 118 of the Central Motor Vehicles Rules, 1989, which required the type of vehicles specified in the table appended to the said Government Order to be fitted with a speed governor (speed controlling device) conforming to the Standard AIS : 037-2004. The type of transport vehicles were (i) Omnibuses owned by Educational Institutions; (ii) Contract carriage omnibuses used under contract with Educational Institutions and (iii) Motor cab/ Tourist Taxi/Maxi cab used to ferry students to and from Educational Institutions. The maximum speed of such vehicles was fixed at 50 kilometer per hour under sub-section (2) of Section 112 of the Motor Vehicles Act, 1988. 4. By a notification No.SRO A-15(d-1)/ 2015, Central Motor Vehicles Rules, 1989 were further amended to provide that every transport vehicle notified by the Central Government except those specified would be equipped or fitted by the vehicle manufacturer, either in the manufacturing stage or at the dealership stage, with a speed governor having maximum pre-set speed of 80 kilometer per hour conforming to the Standard AIS 018/2001.
The following vehicles were exempted from the requirement of being fitted with speed governors: (i) two wheelers (ii) three wheelers (iii) quadricycles (iv) four wheeled and used for carriage of passengers and their luggage, with seating capacity not exceeding eight passengers in addition to the driver seat and not exceeding 3500 kilogram gross vehicle weight (v) fire tenders (vi) ambulances (vii) police vehicles (viii) other vehicles verified and certified by a testing agency specified in rule 126 to have maximum rated speed of not more than 80 kilometer per hour. 5. Ministry of Road Transport and Highways issued further notifications on 18th April 2016 and on 13th June 2016 amending Rules 93, 118 and 125 of the Central Motor Vehicles Rules, 1989. 6. It is the case of the petitioner that rules requiring transport vehicles to be fitted by speed governors are flouted by fitting substandard speed governors. Many owners also disable the speed governors after registration of the concerned vehicle. 7. There can be no doubt that serious road accidents, caused due to rash and negligent driving at high speed are a cause of concern. We are informed that a Committee known as “Supreme Court Committee for Road Safety” has been constituted by the Hon'ble Supreme Court to monitor the measures taken by the Government to ensure road safety and to prevent accidents. As per the guidelines issued on 15th April 2017 by the Central Government, speed governors required to be fitted are to be certified as tamper-proof by notified certifying agents. 8. There can be no doubt that the notification extracted herein above as also the guidelines and/or directions of the Supreme Court Committee for road safety have to be complied with. The respondents shall ensure that there is no contravention of these rules by carrying on periodical check of the vehicles. 9. Learned Government Pleader appearing on behalf of the State submits that speed guns have also been installed on the highways to monitor the speed of all the vehicles and to ensure that the vehicles do not cross the speed limit fixed by the respondent authorities." 2. Even on 05.9.2017, this Court allowed the prayer of the learned Government Pleader, who sought time to file counter. Further, rejoinder was directed to be filed within two weeks thereafter.
Even on 05.9.2017, this Court allowed the prayer of the learned Government Pleader, who sought time to file counter. Further, rejoinder was directed to be filed within two weeks thereafter. In the meanwhile, the respondent Authorities were directed to take all necessary steps to enforce the Rules with regard to compliance of speed limits and fitting of speed governors and also ensure that those contravening the Rules were appropriately penalized in accordance with law. 3. A common counter affidavit has been filed on behalf of respondents 2 and 3. In paragraph 12 of the counter affidavit, it is stated as under : "I submit that the averments made in paragraph 12 of the affidavit are about the Government Order in G.O.Ms.No.563 Home Department dated 10.6.2010 issued for fixation of speed governors in the motor vehicles used by the educational institutions. Subsequently, Government, in its G.O.Ms.Nos.681 and 682 Home Department dated 01.10.2015 has made it mandatory for fixation of speed governors in the motor vehicles as stipulated under the relevant Rules." 4. In paragraph 22 of the counter, it is stated as follows : "I submit that in order to implement the above directions of the Hon'ble Supreme Court Committee on Road Safety, the following procedures are being adopted by the respondents 2 and 3 in fixing the speed limiting devices in the motor vehicles. This software application is being developed by the NIC, Chennai and New Delhi. The procedures to be adopted are as follows : (i) Enrollment of all the manufacturers/dealers of speed governors of Tamil Nadu (ii) The manufacturers/dealers/agents of the speed governors should enter their details in the web portal. (iii) The manufacturers of the speed governors will appoint dealer/sub dealer/ agents (iv) The details regarding the speed limiting devices will be entered by the dealer/sub-dealer/sub-agent in the web portal (v) The dealer/installer of the speed governors will give a fitment certificate (vi) The above details will be incorporated in VAHAN web portal (vii) Before entering the vehicle details, the speed limiting devices supplied by the manufacturer will be uploaded in web portal by a batch of 100, 200, 300 t etc. (viii) The agent/installer/dealer can fit the speed limiting device which finds place in the already uploaded list. This will prevent the forged devices (spurious) from fitting into the vehicles unauthorizedly.
(viii) The agent/installer/dealer can fit the speed limiting device which finds place in the already uploaded list. This will prevent the forged devices (spurious) from fitting into the vehicles unauthorizedly. (ix) At the time of the inspection of the officials of respondents 2 and 3, after verification by the officers and after the approval, this data will be saved in VAHAN data base, which will link the SLD with particular vehicle with the above data. (x) While on road, the officials of respondents 2 and 3 will conduct the checking regularly and if any lapse is found, action will be taken accordingly". 5. Respondents 2 and 3 have further stated in the counter affidavit that any further directions or guidelines issued by this Court for proper implementation of the provisions of Rule 118 of the Central Motor Vehicles Rules and to ensure installation of sealed, irremovable and tamper-proof speed governor of prescribed standard in all motor vehicles as mandated under Rule 118 of the Central Motor Vehicles Rules will be implemented. 6. In view of the undertaking and in view of the fact that the Supreme Court has constituted a Committee on Road Safety, we do not propose to pass any order except to direct that the respondents shall, with utmost expedition, comply with the directions issued by the Supreme Court Committee on Road Safety from time to time. The respondents shall also ensure that no vehicles are run in contravention of Rule 118 of the Central Motor Vehicles Rules read with the directions of the Supreme Court Committee on Road Safety. 7. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected WMPs are closed.