JUDGMENT : S. Manikumar Instant Public Interest Litigation is filed by the petitioner for the following reliefs: (a) To issue writ, order or direction, in the nature of mandamus, or any other appropriate writ, directing respondents 2 and 3, viz., State of Kerala, represented by Secretary, Transport Department, Trivandrum; and the Transport Commissioner, to implement strictly and in its full spirit, the provisions of Exhibit-P1 notification dated 31.12.2012, with regard to the fitting of speed governors, in the interest of justice. (b) To issue writ, order or direction, in the nature of mandamus, or any other appropriate writ, directing the 2nd respondent to implement the guidelines prescribed by the Hon'ble Supreme Court Committee for Road Safety and the Central Government, in a proper manner. (c) To direct the 3rd respondent or its subordinate officers, to have strict checking in the matter with regard to the implementation of Exhibits-P1 and P3 notifications dated 31.12.2012 and 25.10.2016 respectively, not to grant any extension of time to any category of vehicle, since it would go against the scheme and the objective of the scheme, to provide separate guidelines with regard to the quality of such devices, to provide separate “serial number”, anti-tamper seal and to upload the details in Parivahan or Vahan software of the State, to provide separate directions to the agency, to State security hologram training certificate and also bank guarantee deposit from manufacturers and to cancel the permit, if the device is tampered.” 2. Facts leading to the filing of this writ petition are, petitioner, a resident of Arackappady village, Vengola Panchayat, Perumbavoor, claims to be in the Advisory Committee for Road Accident Action Forum (RAAF), for the State of Kerala. He is also a member for Human Right Protection activist and was the President of Perumani Muslim Jamath Committee. 3. The grievance projected by him is with respect to the non-implementation of the Government order regarding installation of speed governors in all the transport vehicles and to form separate guidelines for proper implementation and against tampering of such devices through the State. 4. According to the petitioner, the stand adopted by the authorities concerned in not taking positive steps for implementing the scheme for proper installation of speed governors in the public service vehicles through the State, is illegal, arbitrary and against law. 4. According to the petitioner, the stand adopted by the authorities concerned in not taking positive steps for implementing the scheme for proper installation of speed governors in the public service vehicles through the State, is illegal, arbitrary and against law. Petitioner has further stated that the Central Government, by notification dated 31.12.2012 (Exhibit-P1), that all the types of transport vehicles notified under sub-section (4) of Section 41 of the Motor Vehicles Act, 1988 save as provided herein, and manufactured with effect from 01.04.2014, shall be equipped or fitted with a speed governor (speed limiting device or speed limiting function) with a maximum pre-set speed of 80 kilometres per hour by the vehicle manufacturer stage or at the dealership stage, confirming to the Standard AIS:018/2001, as amended from time to time. 5. Petitioner has further stated that Exhibit-P3 notification of the State Government dated 25.10.2016, clearly specifies some category of vehicles and these vehicles shall be fitted with speed governors of prescribed standard and prescribed speed on or before 1st November, 2016. However, the same is not implemented in a proper manner. Hence, he has sought for interference by this Court. 6. Petitioner has further stated that as per the guidelines issued by the Central Government on 15.04.2017, speed governors required to be fitted are to be certified as tamper-proof by notified certified agents. Hence, the State Government has the duty to implement the same. Action of the State Government, in not implementing the guidelines, is against the scheme and its objective. 7. Petitioner has further stated that the time period stipulated for installation of speed governors in the vehicles, except notified in Exhibit-P1 notification dated 31.12.2012, is already over. No extension of time is granted by the Central Government or State Government, to implement the notification. The provisions in Exhibit-P3 Government order dated 25.10.2016, in the case of categories of vehicles, are to be implemented properly. The respondents are duty bound and have the responsibility to implement the scheme. 8. Petitioner has further stated that the scheme is introduced with a view to ensure safety of the public. There can be no doubt that serious road accidents are caused due to rash and negligent driving at high speed areas. The respondents are duty bound and have the responsibility to implement the scheme. 8. Petitioner has further stated that the scheme is introduced with a view to ensure safety of the public. There can be no doubt that serious road accidents are caused due to rash and negligent driving at high speed areas. Lack of clarity in terms of responsibility of each party involved, as well as guidelines on installation, certification, training, performance assessment, and calibration have led to reduced success rate of speed limiter implementation. The fitting of speed governors are very much helpful in case of threat and danger in the road and to avoid the accidents caused, due to over speed. 9. In the above circumstances, petitioner has filed this writ petition for the reliefs extracted above. 10. Based on the pleadings and the reliefs sought for, petitioner has raised the following grounds. A. The stand adopted by the respondents in not taking positive steps for implementation of the scheme for proper installation of speed governors in the public service vehicles, throughout the State is illegal, arbitrary, and against law. B. It has been specifically mentioned by the Central Government in Exhibit-P1 notification that all the types of transport vehicles notified by the Central Government under sub-section (4) of Section 41 of the Act 59 of 1988, save as provided herein, and manufactured with effect from 1.4.2014 shall be equipped or fitted with a speed governor (speed limiting device or speed limiting function) with a maximum preset speed of 80 kilometer per hour by the vehicle manufacturer in the manufacturing stage or at the dealership stage, conforming to the Standard AIS:018/2001, as amended from time to time. C. The objective of Central Motor Vehicles Rules, 1989, is not achieved, due to the lack of clarity, which is currently misused by many, in the trade and even in Government offices, to operate as per their liking. Apart from these failure points, the practical difficulty of the transport department officers to test every vehicle for performance is making it easy for the law breakers to get vehicles to pass the fitness test, even without a working speed limiter. D. The scheme was introduced with a view to ensure safety. There can be no doubt that road accidents are caused by rash and negligent driving at high speed areas. The Hon'ble Supreme Court Committee directed to implement the same. D. The scheme was introduced with a view to ensure safety. There can be no doubt that road accidents are caused by rash and negligent driving at high speed areas. The Hon'ble Supreme Court Committee directed to implement the same. Fitting of the speed governor system will be more helpful for ascertaining the speed and control of the vehicles too. Similarly, a number of accidents and unhappy events can be avoided by properly implementing the system, in its full spirit. E. The issue of ensuring safety for people in the country is not fully resolved, even during the 74th year of Independence. The news regarding road accidents are coming up from different areas day by day. On the other hand, safety of the general public in public transport vehicles is also facing huge threats. Therefore, it is only just and proper to issue necessary directions to the respondents to implement the notifications, without any further delay. F. The State Government be directed to form separate guidelines for selling speed governor. The Government should ensure that manufacturers are given separate guidelines for sales and service and it should be either through a third party agency or through direct sales and service counters. Transport department shall insist on some criteria in allowing speed limiter manufacturers to sell better products, which should ensure safety of the people. As a speed limiter is a safety device, only agencies with a valid training certificate should be allowed to install new Speed limiter, perform quality inspection and do calibration of the Speed limiter. Transport department shall only accept certificates issued by such certified agencies. Further, there should be insistence of a Certificate of training issued by the manufacturer and it should be displayed in the agency office viewable to the walk-in crowd. G. In the "mParivahan or VAHAN" software of the State, the details of speed governor should also be installed in respect of each heavy vehicle. Transport department software should include a provision where manufacturers and agencies have a login to provide all the details, including speed limiter serial number, certificate number, date of issuance regarding new installation, annual calibration and change of speed limiter. Transport department shall not issue fitness certificate for a vehicle, without a valid new installation certificate or calibration certificate, with at least 3 months validity, data to be verified as per the transport department software. Transport department shall not issue fitness certificate for a vehicle, without a valid new installation certificate or calibration certificate, with at least 3 months validity, data to be verified as per the transport department software. As all the certificates are issued using Transport department software, the software shall be in such a way that only the speed limiter for approved vehicle models are allowed by the software. For a speed limiter to be changed from one manufacturer to another, an NOC shall be obtained from the existing speed limiter manufacturer, so that the device has not been tampered. H. The State Government should give opportunity to the public to purchase the best quality products, which have sufficient safety guidelines. Further, there should not be any infringement on the people's right to buy any product they want. Moreover, the product should be connected with the engine and it should be in such-a way that if the speed governor is removed from the vehicle, information should go to the concerned RTO or other Government Department. All the speed limiter certificates, irrespective of software used, shall be printed on certificate paper issued by the manufacturer, which has a security hologram having manufacturer name or trademark affixed on it with seal and sign of the agency involved in Installation or providing calibration or other services. A sample of all the certificate papers should be given to all necessary transport department offices as a reference document for the vehicle Inspection officers. The agency creating the certificate from transport department software shall be solely responsible for proper physical fitment, checking necessary vehicle level approvals, installation requirements and conditions, sealing of equipment, calibration of the device as well as for data entry errors. All the physical security seals provided by the manufacturer is for equipment safety only. I. To bring more clarity to the sealing requirements, detailed in Rule 118 of the rules, the Transport Department shall use its "own unique security seal", to secure installation of the device. Responsibility shall be to produce speed limiters with same quality, using same factory space, and same production procedures declared to the testing agencies. I. To bring more clarity to the sealing requirements, detailed in Rule 118 of the rules, the Transport Department shall use its "own unique security seal", to secure installation of the device. Responsibility shall be to produce speed limiters with same quality, using same factory space, and same production procedures declared to the testing agencies. Manufacturer shall not manufacture speed limiters in any other locations other than those disclosed and fully in line with the manufacturing procedures audited by testing agencies for conformity of production, failing which the manufacturer should be black listed and blocked from any further business in the state. Transport department should also initiate Legal action against the manufacturer if a poor quality device is produced. J. There is a grave need for detailed guidelines and procedures for implementing speed limiter. There is lot of gap in implementing the process and regulations, which gives lot of opportunity for the officer of the Transport Department to misuse powers. This reduced control also allows many speed limiter manufacturers to cheat public, by not only providing substandard product, but also by denying service to the equipment and forcing customers to change speed limiters very often. Manufacturers need to be regulated and controlled so that the public at large is not affected by safety. This will also help vehicle owners to get better service from the manufacturer and reduce unnecessary financial burden on the vehicle. Even though Speed limiter can substantially reduce accidents and contribute very much to reduce fatality in accidents, the unmanaged installation of speed limiter and lack of proper guidelines has failed the objective of this project. It has miserably failed to achieve any of this objective. There is a requirement to bring in guidelines to protect the interest of the public. K. Recent accidents in the State would show that there was tampering in the speed governors installed. There should be guidelines for issuing "individual serial number" for each equipment, so that quality products will be available and it will not be tampered by the user of the vehicle. As Speed limiter is a safety equipment, every speed limiter installed should have a serial number and an anti-tamper seal on the equipment provided by the manufacturer which only the manufacturer is authorized to open. If the seal in the "device" is opened or tampered then permit of the vehicles should be cancelled or suspended. As Speed limiter is a safety equipment, every speed limiter installed should have a serial number and an anti-tamper seal on the equipment provided by the manufacturer which only the manufacturer is authorized to open. If the seal in the "device" is opened or tampered then permit of the vehicles should be cancelled or suspended. The objective of implementing a speed limiter can be achieved only if the speed limiter is installed properly by well-trained personnel followed by regular follow-ups by trained service people. L. There should be new guidelines issued by the State Government to implement the rules properly to see that the speed limiter is implemented as per Rule 118(b) of the rules, which provides guidelines in installation. The suggestion are as follows: (i) Transport department shall insist on special criteria in allowing speed limiter manufacturers in the State as per those requirements mentioned in the CMVR Rules to avoid possible favoritism and control and most importantly an infringement on people's right to choose to buy any product they want, which meets their requirements and demands. (ii) Only approval required for speed limiter devices is the approval from testing agencies. For providing more clarity, manufacturers shall submit necessary certificates of approval from the testing agency to the Transport Department. Transport Department, on receipt of certification details from manufacturer, shall without delay take necessary actions and also intimate the details of the manufacturer to all the necessary RTO department offices. (iii) Transport department should intervene or bring out regulations or try to emphasize controls that will not infringe or curtail any rights of the customer. (iv) Speed limiter manufacturers shall do sales and service either through third party agencies or through direct sales and service counters and promote them to start and operate the counters in as many locations as they choose, but with registration with the State Department. (v) Every speed limiter installed should have a unique Serial number and an anti-tamper seal from the manufacturer. Only the equipment manufacturer and its authorized service agents are authorized to open or service the speed limiter equipment, with intimation in e-portal. (vi) On inspection, if the security seal provided by the speed limiter manufacturer is found to be tampered, such devices shall not be allowed to install or be calibrated. (vii) Customer is responsible for the vehicle presented to the department for testing. (vi) On inspection, if the security seal provided by the speed limiter manufacturer is found to be tampered, such devices shall not be allowed to install or be calibrated. (vii) Customer is responsible for the vehicle presented to the department for testing. Customer has to ensure that the vehicle is installed with a speed limiter device that is properly functioning, has necessary certification and has all the security seals intact on the device. (viii) Transport department shall accept certificates issued only by those agencies who are approved by the manufacturer. Only agencies with valid GST numbers can be considered. Manufacturer is at liberty to amend the list of approved agencies any time as it chooses, with intimation to Department only. (ix) Transport department software should provide an option to provide serial numbers of all the devices sold in the State. Transport department shall allow only those serial numbers for installation in vehicles. If any speed limiter device has been bought from other States or has been received along with a second hand vehicle purchase, those installations has to be intimated in the transport department software. (x) Transport department shall not do new vehicle registration or issue Fitness certificate for a vehicle without a valid speed limiter device certificate with at least 3 months' validity. (xi) Transport department software should have a provision to provide serial numbers of all the speed limiter units that they have sold in the State, so that only those serial numbers shall be allowed to be installed or calibrated. There should also be provision in the software to prevent use of the same serial number in multiple vehicles, change the serial number to a new unused one if the speed limiter is changed in the vehicle and cancel a serial number for reuse in a vehicle if the vehicle is scrapped. (xii) Every year, the speed limiter device shall be subjected to calibration by authorized service agencies, under certification of department, for which a certificate of calibration has to be issued. (xiii) Each District should have a complaint cell or Judicial Authority to be appointed under State or Committee to be nominated by the Transport Department, or a Panel of Experts who have judicial powers, for dealing with the complaints. However, even under such circumstances, the Transport Department shall ensure that existing customers are not deprived of any services due to Transport Department actions. However, even under such circumstances, the Transport Department shall ensure that existing customers are not deprived of any services due to Transport Department actions. (xiv) All speed limiter certificates, shall be printed only on certificate paper which should have a security hologram having manufacturer name or trademark affixed on it with seal and sign of the agency involved in Installation or providing calibration or other services. A sample of certificate papers should be given by the manufacturer to all necessary transport department offices as a reference document. (xv) The agency doing the installation or calibration of the speed limiter device will be solely responsible for proper physical fitment, checking necessary vehicle level approvals, installation requirements and conditions, verifying and installing necessary security seals and calibration of the device. (xvi) As each manufacturer has different cost components in a product, pricing will also change from manufacturer to manufacturer, however to regulate the sales agencies and service agencies from charging excessively from a customer, the MRP of the device should be less than double the billing value of the equipment. (xvii) Recent accidents occurred in the State due to many unethical practices prevailing in this sector of business. Transport department software should insist agencies to provide bill number and bill value along with speed limiter device details when a new speed limiter device is installed on the vehicle. Transport department has to verify the bill details with necessary bill copies. Transport department shall submit agency wise details to GST department on quarterly basis including GST number of the agency, device serial number, agency bill number and bill value to eliminate tax evasion and bring more revenue to Government. (xviii) Manufacturer shall manufacture speed limiter devices only in locations approved by testing agencies, failing which, testing agencies should revoke the certificates issued with immediate effect and inform the Transport Department for the cancellation. (xix) With more than 15 years since the Government started to implement the speed limiter system, there are many fly by night-manufacturers which vanished from the market when the opportunity reduced. Many vehicle owners are put into trouble because of such Manufacturers. Public safety as well as the objective of the implementation itself fails due to this situation. The amount of traffic fine collected every year for defective speed limiter installation gives a picture on how many vehicles are deprived of good service. Many vehicle owners are put into trouble because of such Manufacturers. Public safety as well as the objective of the implementation itself fails due to this situation. The amount of traffic fine collected every year for defective speed limiter installation gives a picture on how many vehicles are deprived of good service. There is a grave need for service guarantee. All manufacturers should provide service guarantee. If the manufacturer is not providing a specific service guarantee, then should submit an amount of Rs.1,000/- per speed limiter device to the Transport Department in advance as service guarantee before the equipment installation certificate issued by the manufacturer is accepted by the Transport Department. This. amount should be released back to the manufacturer after 2 years from installation date, provided no customer complaints are raised during these 2 years for the specific device. M. Every year the Motor Vehicles Department is imposing fine of almost Rs. 50 lakhs or more, for violating the provisions regarding installation of speed governor. That means, there is no proper implementation of the guidelines of the Hon'ble Supreme Court and the Motor Vehicles Rules. There should be provisions for noting the details of the device installed in RC Certificate and the same should be made applicable in the case of pollution testing. Insurance may not be renewed if detected that the speed governor is not installed in the prescribed manner. 11. Controverting the averments and the grounds raised, the Transport Commissioner, Thiruvananthapuram, 3rd respondent, has filed a statement dated 9.2.2021, as under: A. It is stated that the Ministry of Road Transport and Highways as per notification, GSR.290(E) dated 15.04.2015, has amended Rule 118 of the Central Motor Vehicles (6th Amendment) Rules, 2015. Said notification reads thus: "118. 11. Controverting the averments and the grounds raised, the Transport Commissioner, Thiruvananthapuram, 3rd respondent, has filed a statement dated 9.2.2021, as under: A. It is stated that the Ministry of Road Transport and Highways as per notification, GSR.290(E) dated 15.04.2015, has amended Rule 118 of the Central Motor Vehicles (6th Amendment) Rules, 2015. Said notification reads thus: "118. Speed governor.-(1) Every transport vehicle notified by the Central Government under sub-section (4) of Section 41 of the Motor Vehicles Act, 1988 (59 of 1988), save as provided herein, and manufactured on or after the 1st October, 2015 shall be equipped or fitted by the vehicle manufacturer, either in the manufacturing stage or at the dealership stage, with a speed governor (speed limiting device or speed limiting function) having maximum pre-set speed of 80 kilometres per hour conforming to the Standard AIS 018/2001, as amended from time to time: Provided further that the transport vehicles that are- (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 driver seat (Ml Category) and not exceeding 3500 kilogram gross vehicle weight; (v) fire tenders; (vi) ambulances; (vii) police vehicles; (viii) verified and certified by a testing agency specified in Rule 126 to have maximum rated speed of not more than 80 kilometer per hour, shall not be required to be equipped or fitted with speed governor (speed limiting device or speed limiting function): Provided further that the transport vehicles manufactured on or after 1" October, 2015 that are dumpers, tankers, school buses, those carrying hazardous goods or any other category of vehicle, as may be specified by the Central Government by notification in the Official Gazette from time to time, shall be equipped or fitted by the vehicle manufacturer, either in the manufacturing stage or at the dealership stage, with a speed governor (speed limiting device or speed limiting function) having maximum speed of 60 kilometer per hour conforming to the Standard AIS 018/2001, as amended from time to time. (2) The State Government shall, by notification in the Official Gazette, specify on or before October, 2015, the categories of transport vehicles registered prior to the 1st October, 2015 which are not already fined with a speed governor (speed limiting device or speed limiting function), e er.1 Are not covered under the first proviso to sub-rule I above, that such transport vehicles shall be equipped or fitted by the operators of those vehicles on or before April, 2016 with a speed governor (speed limiting device or speed limiting function), having maximum pre-set speed of 80 kilometres per hour or such lower speed limit as specified by the State Government from time to time, conforming to the Standard AIS: 018/2001, as amended from time to time: Provided that the categories of transport vehicles carrying hazardous goods and those transport vehicles that are dumpers, tankers or school buses, registered prior to the 1st October, 2015 and not already fitted with a speed governor (speed limiting device or speed limiting function), shall be equipped or fitted by the operator of such vehicle, with a speed governor (speed limiting device or speed limiting function) having maximum preset speed of 60 kilometres per hour or such other lower speed limit as may be specified by the State Government, conforming to the Standard AIS:018/2001, as amended from time to time". B. It is further stated that the Kerala Motor Vehicles Department has already implemented the speed limiting device, since 2003. Government, as per notification issued G.O.(P) No.20/2003/Trans. dated 16.04.2003 [Annexure-R3(a)] and published as SRO No.340/2003 in the Kerala Gazette Extraordinary No.632 dated 1.4.2003, have implemented the fitment of speed governors in all the stage carriages and heavy transport vehicles in the State of Kerala, conforming to the Standard AIS:018 in such a manner that the speed governor can be scaled by an official seal or the STA or an RTA in such a way that it cannot be removed or tampered with, without the seal being broken. The said notification has come into force with effect from 1.9.2003. C. That apart, as per notification issued G.O.(P) No.3/2012/Trans. dated 30.01.2012 [Annexure-R3(b)], Government have notified all the transport vehicles carrying school children, except 3 wheeled, shall be fitted with speed governor. The said notification has come into force with effect from 1.9.2003. C. That apart, as per notification issued G.O.(P) No.3/2012/Trans. dated 30.01.2012 [Annexure-R3(b)], Government have notified all the transport vehicles carrying school children, except 3 wheeled, shall be fitted with speed governor. The Transport Commissioner has given instructions regarding the fitness of speed governor vide letter Nos.C1/18395/TC/2000 dated 9.8.2006, 23.03.2012, 21.05.2013 and 01.10.2013, and Circular No.14/2016 dated 30.04.2014 [Annexures-R3(c) to R3(g) respectively]. D. In exercise of the powers conferred under sub-rule (2) of Rule 118 of the Central Motor Vehicles Rules, 1989, as per notification G.O.(P) No.59/2016/Trans. dated 25.10.2016 and published as SRO No.667/2016 in the Kerala Gazette Extraordinary No.1859 dated 27.10.2016, State Government have implemented the fitment of speed governors in all the vehicles, except two wheelers, three wheelers, quadricycles, four wheeled and used for carriage of passengers, and their luggage, with seating capacity not exceeding 8 passengers, in addition to driver seat (M1 category) and not exceeding 3500 Kg GVW, fire tenders, ambulances and police vehicles. E. It is further stated that as per Circular No.14/2016 dated 30.04.2016 issued by the Transport Commissioner, it has been directed that the vehicles which are manufactured on or before 01.10.2015 and which are not fitted with speed limiting device, shall be fitted with a speed governor on or before 31.08.2016. Moreover, all the MVIs and AMVIs are directed to ascertain the fitment of speed governors in all vehicles at the time of registration/issuing of certificate of fitness and at the time of checking of vehicles during enforcement duties. The said direction is carried out in its true spirit by the officials concerned. F. As per notification issued under G.O.(P) No.20/2003/ Trans. dated 16.04.2003 and published vide SRO No.340/2003 in the Kerala Gazette Extraordinary No.632 dated 21.04.2003, Motor Vehicles Department has notified all the stage carriages and heavy transport vehicles shall be fitted with a speed governor conforming to the standard AIS:018. w.e.f. 01.09.2003. Later, Government as per notification issued under G.O.(P) No.5/2006/Trans dated 13.01.2006 [Annexure-R3(h)] and published as S.R.O.No 29/2006 has notified that all tipper lorries shall be fitted with speed governors, conforming to the Standard AIS 018 in such a manner that the speed governor can be sealed with an official seal of the State Transport Authority or Regional Transport Authority in such a way that it cannot be removed or tampered with, without the seal being broken. G. Since 2017, State has been submitting quarterly reports to the Hon'ble Supreme Court Committee on Road Safety, regarding the number of vehicles which came up for Fitness Certificate and the number of vehicles which failed to comply with the directions regarding installation of speed governors in all the transport vehicles. A statement show the said particulars is furnished as under: Year Total No. Of Vehicles appeared for CF Test Total No. Of vehicles rejected due to speed governor defects Total No. Of vehicles issued CF 2017 2,87,936 3433 2,84,503 2018 4,07,527 33054 4,27,871 2019 3,53,590 9012 3,03,789 2020 77,657 1466 66,305 H. It is further contended that the Government have extended the time limit for implementing the Vehicle Location Tracking Device System (GPS) in motor vehicles upto 31.12.2020. But in the case of speed governors, no such extension for its implementation. I. With regard to the letter dated 2nd February, 2018 and 10th October, 2018 issued by the MoRTH, it is submitted that :- i. The Kerala Motor Vehicles Department was computerized with the SMART Move Software during 2006 till 2019. This is a client server model software and was not able to accommodate online modules of Vahan for the implementation of enrollment of manufactures of Speed Limiting devices, as mentioned in the MoRTH's letter. ii. In compliance with the various directions relating to software, the 3rd respondent has started implementing the Vahan Software from the middle of 2019. iii. As Vahan is a PAN India based software and comprises a large number of modules, it requires much time to stabilize. iv. By the end of 2020, we have transferred 95% of data from the old software to Vahan. v. From 01.01.2021, we have implemented the Pollution Testing Centre module all over Kerala and is running smoothly. vi. In all the 19 border check posts throughout the State Vahan module for tracking interstate vehicle movement, issuance of temporary permit etc., is under final stage of testing and configuration. The same will be completed by the end of February, 2021. vii. Action has been initiated to implement the SLD modules attached to Vahan and it is expected that it can be implemented, within two months, across the State. For the foregoing reasons, the 3rd respondent prayed for dismissal of the writ petition. 12. Based on the grounds raised, Mr. Praveen K. Joy, learned counsel for the petitioner, made submissions. 13. vii. Action has been initiated to implement the SLD modules attached to Vahan and it is expected that it can be implemented, within two months, across the State. For the foregoing reasons, the 3rd respondent prayed for dismissal of the writ petition. 12. Based on the grounds raised, Mr. Praveen K. Joy, learned counsel for the petitioner, made submissions. 13. Heard learned counsel for the parties and perused the material available on record. 14. Notification published in the Gazette of India dated 31.12.2012 (Exhibit-P1) is extracted hereunder: “MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 31st December, 2012 G.S.R. 943(E).— Whereas the draft rules further to amend the Central Motor Vehicles Rules, 1989 were published, as required under sub-section (1) of Section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notification of the Government of India in the Ministry of Road Transport and Highways number G.S.R 631 (E), dated the 19th August, 2011 In the Gazette of India, Extraordinary, Part II, Section (3), Sub-section (I), inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of forty five days from the date on which copies of the Gazette containing the said notification were made available to the public; And, whereas, copies of the said Gazette notification were made available to the public on the 19th August, 2011; And whereas, the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by clause (f) of sub-section (1) of Section 110 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor Vehicles Rules, 1989, namely: 1. (1) These rules may be called the Central Motor Vehicles (Fourth Amendment) Rules, 2012. (2) They shall come into force with effect from the 1st day of April, 2014. 2. In the Central Motor Vehicles Rules, 1989, for Rule 118, the following rule shall be substituted, namely:- "118. (1) These rules may be called the Central Motor Vehicles (Fourth Amendment) Rules, 2012. (2) They shall come into force with effect from the 1st day of April, 2014. 2. In the Central Motor Vehicles Rules, 1989, for Rule 118, the following rule shall be substituted, namely:- "118. Speed governor.-(1) All types of transport vehicles notified by the Central Government under sub-section (4)of section 41 of the Motor Vehicles Act, 1988 (59 of 1988) save as provided herein, and manufactured with effect from the 1g April, 2014 shall be equipped or fitted with a speed governor (speed limiting device or speed limiting function) with a maximum pre-set speed of 80 kilometer per hour by the vehicle manufacturer in the manufacturing stage or at the dealership stage, conforming to the Standard AIS:018/2001, as amended from time to time: Provided that the transport vehicles registered prior to the date specified in sub-rule (1) and as may be notified by the State Governments in their Official Gazette, if not already fitted with a speed limiting device or speed limiting function, shall be equipped, or fitted by the operator of such transport vehicle with a speed governor or speed limiting function having maximum pre-set speed of 80 kilometer per hour, conforming to the Standard AIS: 018/2001, as amended from time to time: Provided further that transport category vehicles that are, — (i) two wheelers; (ii) three wheelers; (iii) vehicles with at least four wheels used for the carriage of passengers and their luggage, not exceeding 3500 kilogram gross vehicle weight; (iv) vehicles with at least four wheels used for carrying goods which may also carry persons in addition to the goods subject to the conditions specified in para 3.2 of AIS 053-2005, as amended from time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986) not exceeding 3500 kg gross vehicle weight; (v) fire tenders; (vi) ambulances; (vii) police vehicles; (viii) vehicles operating on State permit or National, Goods Permit or All India Tourist Permit; and (xi) those transport vehicles whose maximum rated speed does not exceed the pre-set speed of 80 kilometer per hour, need not require installation of such speed governor (speed limiting device or speed limiting function). (2) The speed limiting device on all applicable vehicles shall be fitted by the manufacturer or the dealer or the operator, as the case may be, in such a manner that the said device can be sealed with an official seal of the State Transport Authority or a Regional Transport Authority so that it cannot be removed or tampered with without breaking the seal: Provided that the transport vehicles which are equipped or fitted with a speed limiting function, as specified in clause 3.4 of AIS 018/2001, which controls the speed of vehicles by an electronic control unit, shall not require to be sealed. (3) The speed governor (speed limiting device or speed limiting function) shall be so set that the vehicle is incapable of being driven at a speed in excess of the maximum pre-set speed of the vehicle, except — (i) down an incline; or (ii) as specified in clause 5.7.3.4.2 of AIS 018/2001. Explanation.-For the purpose of this rule, it is clarified that on and from the date of commencement of the Central Motor Vehicles (Fourth Amendment) Rules, 2012, this rule shall prevail over all notifications issued by the State Governments in respect of speed governors." [F. No. RT-11017/13/2005-MVL] SANJAY BANDOPADHYAYA, Jt Secy. Foot Note : The principal rules were notified in the Gazette of India vide G.S.R. 590(E) dated 2nd June, 1989 and last amended vide G.S.R.625(E) dated the 8th August, 2012.” 15. Notification published in the Gazette of India dated 01.08.2016 (Exhibit-P2) is extracted hereunder : “MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 1st August, 2016 S.O. 2574(E).— In exercise of the powers conferred by clause (a) of sub-section (3) of Section 110 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby exempts the transport vehicles notified by the State Government under sub-rule (2) of Rule 118 of the Central Motor Vehicles Rules, 1989 from the fitment of speed governor (speed limiting device or speed limiting function) up to the 31st day of October, 2016. [F. No. RT-11017/13/2005-MVL] ABHAY DAMLE, Jt. Secy. 16. Notification issued by the Government of Kerala dated 25.10.2016 (Exhibit-P3) is extracted hereunder : “GOVERNMENT OF KERALA Transport (B) Department NOTIFICATION G.O.(P) No. 59/2016/Tran. Dated, Thiruvananthapuram, 25th October, 2016 9th Thulam, 1192. [F. No. RT-11017/13/2005-MVL] ABHAY DAMLE, Jt. Secy. 16. Notification issued by the Government of Kerala dated 25.10.2016 (Exhibit-P3) is extracted hereunder : “GOVERNMENT OF KERALA Transport (B) Department NOTIFICATION G.O.(P) No. 59/2016/Tran. Dated, Thiruvananthapuram, 25th October, 2016 9th Thulam, 1192. S. R. O. No. 667/2016.— In exercise of the powers conferred by sub-rule (2) of Rule 118 of the Central Motor Vehicles Rules, 1989, the Government of Kerala hereby notify that every transport vehicle notified by the Central Government under sub-section (4) of section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), except two wheelers, three wheelers, quadricycles and four wheeled and used for carriage of passengers and their luggage, with seating capacity not exceeding eight passengers in addition to driver seat (Ml category) and not exceeding 3500 Kilogram gross vehicle weight, fire tenders, ambulances, police vehicles verified and certified by a testing agency specified in Rule 126 to have maximum rated speed of not more than 80 Km./hr. that are manufactured before 1st October, 2015 shall be equipped or fitted with a speed governor (speed limiting device or speed limiting function) having maximum preset speed of 80 Kilometres per hour conforming to the Standard AIS: 018/2001, as amended from time to time: Provided that the maximum set speed of a speed governor (speed limiting device or speed limiting function) fitted in Educational Institution Buses and vehicles used for carrying school children except three wheeled vehicles that are manufactured before 1st October, 2015 shall be 50 Kilometres per hour Aid the maximum set speed of a speed governor (speed limiting device or speed limiting function) fitted in transport vehicles carrying hazardous goods and those transport vehicles that are dumpers, tankers or stage carriages that are manufactured before 1st October, 2015 shall be 60 Kilometres per hour. The above said categories of vehicles shall be fitted with speed governor (speed limiting device or speed limiting function) of prescribed standard and prescribed speed on or before 1st November, 2016. By order of the Governor, K. R. JYOTHILAL, Secretary to Government. The above said categories of vehicles shall be fitted with speed governor (speed limiting device or speed limiting function) of prescribed standard and prescribed speed on or before 1st November, 2016. By order of the Governor, K. R. JYOTHILAL, Secretary to Government. Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport) As per sub-rule (2) of Rule 118 of the Central Motor Vehicles Rules, 1989, the State Government shall, by notification in the Official Gazette, specify on or before 1st October, 2015, the categories of transport vehicles registered prior to the 1st October, 2015, which are not already fitted with a speed governor (speed limiting device or speed limiting function), and are not covered under the first proviso to sub-rule 1, that such transport vehicles shall be equipped or fitted by the operators of those vehicles on or before 1st April, 2016 with a speed governor (speed limiting device or speed limiting function) having maximum preset speed of 80 Kilometres per hour or such lower speed limit as specified by the State Government from time to time, conforming to the Standard A1S: 018/2001, as amended from time to time. Since the Government of Kerala cannot issue the notification within the stipulated time limit due to administrative reasons, now it is decided to issue the notification stating that such categories of vehicles notified by the Central Government and registered on or before 1st October, 2015 shall be fitted with Speed Governor of prescribed standard and prescribed speed on or before 1st November, 2016. This notification is intended to achieve the above object.” 17. The documents produced by the 3rd respondent along with the counter affidavit are reproduced. Annexure-R3(a), notification, G.O.(P) No.20/2003/Trans dated 16.04.2003, reads thus: “GOVERNMENT OF KERALA Transport (B) Department NOTIFICATION G.O. (P) No.20/03/Tran. Dated, Thiruvananthapuram, 16th April, 2003. This notification is intended to achieve the above object.” 17. The documents produced by the 3rd respondent along with the counter affidavit are reproduced. Annexure-R3(a), notification, G.O.(P) No.20/2003/Trans dated 16.04.2003, reads thus: “GOVERNMENT OF KERALA Transport (B) Department NOTIFICATION G.O. (P) No.20/03/Tran. Dated, Thiruvananthapuram, 16th April, 2003. S. R. O. No. 340/2003.— In exercise of the powers conferred by sub-rule (I) of Rule 118, of the Central Motor Vehicles Rules, 1989, the Government of Kerala hereby notify that all Stage Carriages and Heavy Transport Vehicles shall be fitted by the operators of such vehicles 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. This Notification shall come into force with effect from the 1st day of September, 2003. By order of the Governor, G. RAJASERHARAN, Secretary to Government. Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) In the judgment in O.P. No. 34466/2000 dated 24-9-2002, the Hon'ble High Court of Kerala has issued a writ of mandamus commanding the State of Kerala and the Regional Transport Authorities to ensure that all stage carriage permits and heavy transport vehicle permits already issued or to be issued henceforth, shall contain a stipulation as to installation of a suitable speed governor which would ensure that the vehicle is not driven at a speed in excess of what is notified in respect of such a vehicle under the notification S.O. No. 425 (E)dated 9-6-1989 prescribed under Section 112 of the Motor Vehicles Act, 1988. Since sub-rule (1) of Rule 118 of the Central Motor Vehicles Rules, 1989 empowers the State Government to hoary in the Official Gazette such transport vehicles which shall be fitted with speed governors, the Government have decided to issue the notification so as to comply with the, direction of the High Court. Hence the Notification.” 18. Since sub-rule (1) of Rule 118 of the Central Motor Vehicles Rules, 1989 empowers the State Government to hoary in the Official Gazette such transport vehicles which shall be fitted with speed governors, the Government have decided to issue the notification so as to comply with the, direction of the High Court. Hence the Notification.” 18. Annexure-R3(b) notification, G.O.(P) No.3/2012/Trans dated 30.01.2012, reads thus: “GOVERNMENT OF KERALA Transport (B) Department NOTIFICATION GO(P)No. 03/2012/Trans Dated Thiruvananthapuram 30 January, 2012 SRO No.............2012: In exercise of the powers conferred by sub rule (1) of Rule 118 of the Central Motor Vehicles Rules 1989 the Government of Kerala hereby notify that all transport vehicles carrying school children except three wheeler vehicles shall be fixed by the operators of such vehicles with a speed governor (speed controlling devices) 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 the Regional Transport Authority in such a way that it cannot be removed or tampered with or without the seal being broken. By order of the Governor K. R. JYOTHILAL Secretary to Government Explanatory Note (This does not form part of the notification but is intended to indicate its general purport) Sub-rule (1) of Rule 118 of the Central Motor Vehicles Rules 1989 empowers the Government to notify in the official Gazette of such transport vehicles which shall be fix speed governors. It has come to notice of the Government that accidents involving vehicles ca school children are increasing in the State. It is learnt that one of the causes of such accidents is over speed. In order to tackle this danger the Government has decided to strictly insist fitment of Speed Governors on all vehicles carrying school children except three wheeler vehicles. This notification is intended to achieve to achieve the above object.” 19. Annexure-R3(c) is the letter, C1/18395/TC/2000 dated 9.8.2006 sent by the Transport Commissioner, respondent No.3, to all the Deputy Transport Commissioners, Regional Transport Officers, Joint and Regional Transport Officers, stating that it is their personal liability to ensure compliance with the directions stated therein, strictly, without any laxity. Said letter is extracted hereunder: “No.C1/18395/TC/2000 Transport Commissionerate Kerala, Thiruvananthapuram Dated: 09.08.2006. From The Transport Commissioner, Thiruvananthapuram. To All Deputy Transport Commissioners, All Regional Transport Officers, All Joint Regional Transport Officer. Said letter is extracted hereunder: “No.C1/18395/TC/2000 Transport Commissionerate Kerala, Thiruvananthapuram Dated: 09.08.2006. From The Transport Commissioner, Thiruvananthapuram. To All Deputy Transport Commissioners, All Regional Transport Officers, All Joint Regional Transport Officer. Sir, Sub:-Motor Vehicles Department-Fitment of Speed Governor in all stage carriages and Heavy Transport Vehicles Instructions issued. Ref:-(1) GO(P) No.06/2006/Tran. Dated 13.01.2006. (2) GO(P) No.42/2006/Tran. Dated 29.07.2006. In compliance with the judgment dated 24.09.2002 in OP. No.34466/2000 of the Honourable High Court of Kerala, the Government of Kerala had notified GO(P) No.20/03/Tran. Dated 16.04.2003 published as SRO No.340/2003 prescribing that all Stage Carriages and Heavy Transport Vehicles be fitted with a speed governor (speed controlling device) with effect from 01.09.2003 under sub-rule (1) Rule 118 of Central Motor Vehicles Rules, 1989. When the said notification was not implemented in time the Honorable High Court in CCC No.1422/2003 had directed the State to comply with the provisions on speed Governor as notified earlier by 29.02.2004. The Honorable Supreme Court of India in its order dated 10.02.2005 in SLP No.4186/2004 filed by Government had granted extension of time up to 30th September, 2005 for implementation of the order of the Honorable High Court. Thus the notification published in SRO No.340/2003 has been implemented in the state with effect from 01.10.2005. But the Government had to rescind the notification issued as GO(P) No.20/03/Tran dated 16.04.2003 by notification GO(P) No.29/2005/Tran dated 15.10.2005 due to circumstances which affected the very economy of the State. Later Government of Kerala made fitment of speed governor in all types of tipper lorries (except 3 wheelers) mandatory vide GO(P) No.05/2006/Tran. dated 13.01.2006. However, the Honorable Supreme Court has initiated suo motu proceedings as CC No.139/2006 in SLP 4186/2004 for not complying with its direction to implement the speed governor before 30th September, 2005. Now, the Honorable Supreme Court has granted time for three months to implement the speed governor. Hence, the Government of Kerala has not issued re-notification making fitment of speed governor mandatory for all Stage Carriages and Heavy Transport Vehicles vide GO(P) No.42/2006/Tran. Dated 29.07.2006 published as SRO No.586/06. In the circumstances, the following directions are issued again for strict implementation of Rule 118(1) of CMV Rules, 1989. 1. All Stage Carriages and Heavy Transport Vehicles hence forth shall be fitted with Speed Governor. 2. All services to Stage Carriages and Heavy Transport Vehicles shall be rendered only if they are fitted with Speed Governor. 3. In the circumstances, the following directions are issued again for strict implementation of Rule 118(1) of CMV Rules, 1989. 1. All Stage Carriages and Heavy Transport Vehicles hence forth shall be fitted with Speed Governor. 2. All services to Stage Carriages and Heavy Transport Vehicles shall be rendered only if they are fitted with Speed Governor. 3. The rule will be applicable to vehicles registered in other states entering the state of Kerala also. Motor Vehicle Inspector in charge of check posts will ensure that Stage Carriages and Heavy Transport Vehicles entering the state are fitted with speed governor set at the prescribed speed and sealed. A certificate to the effect shall be issued from check posts while allowing entry into the State. 4. The Regional Transport Officers/Joint Regional Transport Officers shall insist for an application in plain paper along with a purchase bill showing the identification number and brand of the equipment. The inspecting officer shall verify, ensure and certify that, (a) The identification number and brand name tally with the equipment fitted on the vehicle. (b) The equipment is set at the prescribed speed and that is sealed properly. (c) The equipment fitted is approved by any of the testing agencies specified in Rule 126 of the CMV Rules for the make and model of vehicle. (d) The Registering/Additional Registering Authorities shall record the Identification number name and model of the speed governor in the Registration Certificate and 'B' Register. It will be the personal responsibility of all Regional Transport Officers and Joint Regional Transport Officers to ensure compliance with the above directions strictly without any laxity. The progress of action taken should be reported to this office.” 20. Annexure-R3(d) is another letter, C1/18395/TC/2000 dated 23.03.2012, sent by the Transport Commissioner, respondent No.3, to all the Deputy Transport Commissioners, Regional Transport Officers, and Joint Regional Transport Officers, directing to ensure that while issuing certificate of fitness during registration and checking of vehicles, speed governors fitted therein are neither tampered nor manipulated. Said letter reads thus: “No.C1/18395/TC/2000 Transport Commissionerate, Kerala 2nd Floor, Trans Towers, Vazhuthacaud, Thiruvananthapuram xx xxx xxxxxx Dated: 23.03.2012. From The Transport Commissioner, Thiruvananthapuram. To All Deputy Transport Commissioners, All Regional Transport Officers, All Joint Regional Transport Officers.. Sir, Sub:- Motor Vehicles Department-Manipulation of Speed Governor-Direction issuing of-Reg. Ref:- Petition dated 16-03-2012 from Adv. P. P. Radhakrishnan. Attention is invited to the above reference. From The Transport Commissioner, Thiruvananthapuram. To All Deputy Transport Commissioners, All Regional Transport Officers, All Joint Regional Transport Officers.. Sir, Sub:- Motor Vehicles Department-Manipulation of Speed Governor-Direction issuing of-Reg. Ref:- Petition dated 16-03-2012 from Adv. P. P. Radhakrishnan. Attention is invited to the above reference. Vide reference cited, Adv. P. P. Radhakrishnan points out that even though order had already been issued to fit Speed Governor in all stage carriages and heavy transport vehicles, the owners are successful in manipulating the device to suit their need. He also points out that all vehicles fitted with Speed Governor are plying with over speed killing thousands of pedestrians. It may be noted that many complaints regarding tampering of Speed Governor are being received in this office. Even though many directions in this regard had already been issued, complaints received in this office show that directions issued in this regard are not strictly adhered to. Hence, you are once again directed to ensure that while issuing Certificate of Fitness during registration and checking of vehicles. Speed Governors fitted in vehicles are neither tampered nor manipulated. Yours faithfully, Sd/- Senior Deputy transport Commissioner for Transport Commissioner” 21. Annexure-R3(e) is the letter dated 21.05.2013 sent by the Transport Commissioner, Thiruvananthapuram, to all the Deputy Transport Commissioners, Regional Transport Officers, and Joint Regional Transport Officers, directing to ensure proper enforcement of speed governors and report compliance. Said letter reads thus: “From The Transport Commissioner, Thiruvananthapuram. To All Deputy Transport Commissioners, All Regional Transport Officers, All Joint Regional Transport Officers. Sir, Sub :- Motor Vehicles Department-Fitment of Speed Governors-Ensuring proper working-Direction issuing of-Reg. Ref : -(1) Representation dated 14.05.2013 Kerala Speed Governor Dealers Association. from All Welfare (2) The Office letter of even number dated 23.09.2009, 23.03.2012 and 01.08.2012. Application is invited to the above reference, vide reference 1st cited. All Kerala Speed Governor Dealers Welfare Association complains that orders regarding fitment of Speed Governors are not being complied in many vehicles in the State. The organization also complains that most of the time the owner of the vehicles obtains the fitness certificate renewed by fitting the hired speed governor violating the existing rules and disconnects the same after obtaining fitness certificate. In these circumstances, it is directed that proper inspection and checking of speed governors shall be ensured. The organization also complains that most of the time the owner of the vehicles obtains the fitness certificate renewed by fitting the hired speed governor violating the existing rules and disconnects the same after obtaining fitness certificate. In these circumstances, it is directed that proper inspection and checking of speed governors shall be ensured. Besides it has to be ensured that the speed governor fitted in the vehicles is that endorsed in the RC and is not a hired one. The Association expressed their willingness to give training to the field officers. All are directed to take appropriate action for the enforcement of Speed Governors and report compliance. Yours faithfully, Senior Deputy Transport Commissioner, (Taxation) For Transport Commissioner.” 22. Annexure-R3(f) is the letter dated 01.10.2013 sent by the Transport Commissioner, Thiruvananthapuram, to all the Deputy Transport Commissioners, Regional Transport Officers, and Joint Regional Transport Officers, regarding sealing of speed governors, and it reads thus: “From The Transport Commissioner, Thiruvananthapuram. To All Deputy Transport Commissioners, All Regional Transport Officers, All Joint Regional Transport Officers. Sir, Sub:-Motor Vehicles Department-Sealing of speed governors-Further direction issuing of - Reg. Ref:-This office letter of even number dated 29-09-2013 Attention is invited to the above reference. Vide reference cited, it was directed to issue a Certificate of Sealing to speed governors at the time of sealing by the department in the format specified by this office. For this purpose, at least 3 or 4 bus stands shall be selected in the jurisdiction of every Regional Transport Officer. Please note that it should be ensured that the checking and sealing of speed governors are not causing any inconvenience to traffic and passengers. Assistance of Police may be obtained if required to avoid any unwanted incident. Proper requisition showing the locations where police assistance required shall be made to the District Police Chief. The Director General of Police has been requested to instruct all the concerned for the purpose. Yours faithfully, Senior Deputy Transport Commissioner, (Taxation) For Transport Commissioner.” 23. Annexure-R3(g) Circular No.14/2016 dated 30.04.2016, issued by the 3rd respondent, reads thus: “C1/18395/TC/2000 Transport Commissionerate. Keralam Trans Towers. Thiruvananthapuram Dated: 30.04-2016 CIRCULAR No. 14 /2016 Sub: Motor Vehicles Department-Fitment of speed limiting device-Reg Read: 1. G.S.R. 290(E) dated 15-04-2015 2. G.O.(P) No.05/2006/Tran dated 13-01-2006 3. G.O.(P) No.42/2006/Tran dated 29-07-2006 4. Annexure-R3(g) Circular No.14/2016 dated 30.04.2016, issued by the 3rd respondent, reads thus: “C1/18395/TC/2000 Transport Commissionerate. Keralam Trans Towers. Thiruvananthapuram Dated: 30.04-2016 CIRCULAR No. 14 /2016 Sub: Motor Vehicles Department-Fitment of speed limiting device-Reg Read: 1. G.S.R. 290(E) dated 15-04-2015 2. G.O.(P) No.05/2006/Tran dated 13-01-2006 3. G.O.(P) No.42/2006/Tran dated 29-07-2006 4. G.O.(P) No. 03/2012/Tran dated 30-01-2012 It is needless to say that Kerala is the first State in India to make fitment of speed limiting devices mandatory for transport vehicles. But no specific standard was prescribed at that time. This had led to the fitment of speed limiter devices of substandard quality. In the judgment in WP(C) No. 295/2012 dated 22-04-2014. The Hon'ble Supreme Court has directed to ensure the fitment of safety features in vehicles at the time of stage of designing, manufacture. usage, operation and maintenance. Besides in WP(C) No. 15558/16, the Hon'ble High Court of Kerala has also directed to pass appropriate order in the petition submitted by Sri. Kaloor Joseph regarding the implementation of Rule 118 of the Central Motor Vehicles Rules, 1989. Ministry of Road Transport and Highways, New Delhi, vide notification read as 1st paper above amended Rule 118 of the Central Motor Vehicles Rules, 1989. As per the amended rule, every transport vehicle notified by the Central Government under Sub-section (4) of Section 41 of the Motor Vehicles Act, 1988 and manufactured on or after October, 2015, shall be equipped or fitted by the vehicle manufacturer, either In the manufacturing stage or at the dealership stage, with a speed governor (speed limiting device or speed limiting function) having maximum pre set speed of 80 km/hour conforming to the standard AIS 018/2001, as amended from time to time. Provided further that transport vehicles that are, (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 8 passengers in addition to driver with seating capacity not exceeding 8 passengers in addition to driver (M1 Category) and not exceeding 3500 Kg gross vehicle weight (v) fire tenders (vi) ambulances (vii) police vehicles (viii) verified and certified by a testing agency specified In rule 126 to have maximum noted speed of not more chant 80 Km/hour shall not be required to be equipped or fitted with speed governor. The procedure for empanelment of manufacturers have already started and manufacturers who are already having ARAI approval will be reviewed as per the guidelines and the list will be intimated later. The performance of empanelled manufacturers will be reviewed annually. The following Transport vehicles which are registered/manufactured before 1st October, 2015 and not fitted with speed limiting device shall be equipped or fitted with a speed governor (speed limiting device or speed limiting function) having maximum pre set speed mentioned below conforming to the standard AIS 018/2001, as amended from time to time: Sl. No. Vehicle Pre set speed Km/Hour 1 All Stage carriages, Tipper Lorries and Heavy Transport Vehicles 60 2 All vehicles that are used for carrying school children (except three wheeler) 50 3 Dumpers, Tankers and vehicles used for carrying dangerous or hazardous goods 60 4 All other Transport Vehicles which do not come under the category mentioned in SI Nos.1,2 and 3 80 The pre-set speed of vehicles that are mentioned above and manufactured on or after 1st October 2015 shall be the same as mentioned in the table. The vehicles which are manufactured on or before 1s, October 2015 and which are not fitted with speed limiting devices shall be fitted with a speed governor on or before 31-08-2016. Hence the process of fitting a speed governor may be started immediately. All Motor Vehicles Inspectors and Assistant Motor Vehicles Inspectors are directed to ascertain the fitment of speed governors of all vehicles mentioned above at the time of registration/issuing certificate of fitness and at the time of checking of vehicles during enforcement duties. Sd/- Transport Commissioner” 24. Annexure-R3(h) G.O.(P) No.5/2006/Trans dated 13.01.2006, reads thus: “GOVERNMENT OF KERALA Transport (B) Department NOTIFICATION G.O(P) No.5/2006/Tran. Dated, Thiruvananthapuram, 13th January, 2006. S.R.O. No.29/2006-In exercise of the powers contended by sub-rule (1) of Rule 118 of the Central Motor Vehicles Rules, 1989, the Government of Kerala hereby notify that all Tipper Lorries shall be fitted by the operators of such vehicles 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 Regional Transport Authority in such way that it cannot be removed or tampered with, without the seal being broken. Note:-"Tipper Lorry" means any class of a Goods Vehicle (except three wheelers) of which the platform for carrying the goods can be raised or tilted hydraulically or through some other means for the purpose of unloading the goods. This Notification shall come into force at once. By order of the Governor, SHEELA THOMAS, Secretary to Government. Explanatory Note (This does not form part of the Notification, but is intended to indicate its general purport.) Sub-rule (1) of Rule 118 of the Central Motor Vehicles Rules, 1989 empowers the State Government to notify in the Official Gazette such Transport vehicles which shall be fitted with Speed Governors. It has come to the notice of the Government that accidents involving Tipper Lorries are on the increase in the State. It is learnt that this is due to over speeding of these vehicles for taking more trips. There has been demand from the public also for controlling the operation of Tipper Lorries. Considering the need for improving safety on roads, the Government has decided to insist on the fitment of Speed Governors on all Tipper Lorries. This Notification is intended to achieve the above object. Endt.No.Cl/18395/TC/00 Copy forwarded to all DTCs, RTOs, and JRTOs for strict compliance with immediate effect since the notification come into force from 13.01.06, the date of its publication. Instructions issued in this regard in this office letter of even number dated 07.04.05 may be followed. Sd/- For Transport Commissioner” 25. While explaining the steps taken to implement installation of speed governors, and integrating the same with Vahan software, Government of Kerala have stated that action has been initiated to implement the SLD modules attached to Vahan and it is expected that it can be implemented within two months, across the State. Thus, placing on record the statement of facts dated 9.2.2021, writ petition is disposed of, expressing the hope that the Government would take all the necessary steps to honour the commitment, in letter and spirit.