Research › Search › Judgment

Kerala High Court · body

2024 DIGILAW 1182 (KER)

SREELATHA P. S. W/O SARIN v. REGIONAL TRANSPORT OFFICER (REGISTERING AUTHORITY)

2024-09-12

N.NAGARESH

body2024
JUDGMENT : N. NAGARESH, J. 1. The petitioners, who are owners of motor vehicles, are challenging the orders of the respondent-Regional Transport Officer rejecting the requests submitted by the petitioners for revising the Gross Vehicle Weight (GVW) entered in the Certificate of Registration in accordance with the Notification issued by the Central Government under Section 58(1) of the Motor Vehicles Act, 1988. 2. The petitioners state that by Ext.P1 Notification dated 18.10.1996, the Government of India specified the maximum Gross Vehicle Weight and the maximum Safe Axle Weight of axle of the transport vehicles of various categories prescribed in the Schedule to the Notification. As per Ext.P1, in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle, the maximum Safe Axle weight was specified as 16.2 tonnes. Ext.P1 further specified that if the rating of the gross vehicle weight or axle weight by the vehicle manufacturer is less than that specified for such vehicle in the Schedule, the former rating would be recorded in the Certificate of Registration. 3. Therefore, even though the maximum Gross Vehicle Weight and maximum Safe Axle Weight specified in the Schedule was 16.2 tonnes in the case of rigid vehicles having two axles with to tyres on the front axle and four tyres on the rear axle, the petitioners' goods carriages were registered with a maximum Safe Axle Weight of 15.6 tonnes only since that was the rating given by the vehicle manufacturer. 4. Ext.P1 Notification was superseded by Ext.P4 Notification dated 16.07.2018 and Ext.P5 Notification dated 06.08.2018. By Exts.P4 and P5, the Government of India specified the maximum axle weight in relation to transport vehicles. However, unlike in Ext.P1 Notification, no primacy was accorded in Exts.P4 and P5 to the ratings of the Gross Vehicle Weight or Axle Weight by the vehicle manufacturer. The maximum Safe Axle Weight of various categories of transport vehicles was to be specified in Exts.P4 and P5. 5. After issuing Exts.P4 and P5, the Ministry of Road Transport and Highways, Government of India issued Ext.P6 Advisory dated 07.08.2018. As per Ext.P6, in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle, the maximum Safe Axle Weight was specified as 18.5 tonnes instead of 16.2 tonnes specified in Ext.P1 Notification. As per Ext.P6, in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle, the maximum Safe Axle Weight was specified as 18.5 tonnes instead of 16.2 tonnes specified in Ext.P1 Notification. In the light of Exts.P4 to P6, the petitioners submitted requests for revising the maximum Safe Axle Weight recorded in the Certificates of Registration of the vehicles as 18.5 tonnes instead of 16.2 tonnes specified by the vehicle manufacturers. 6. The petitioners filed W.P. (C) No. 40081/2022 seeking to direct the respondent to consider their representations and revise the Gross Vehicle Weight in accordance with Exts.P4 to P6. This Court, as per Ext.P7 judgment, directed the respondent to consider Exts.P6 and P7 representations therein. 7. The respondent has passed Exts.P8 and P9 orders rejecting the requests made by the petitioners. According to the respondent, the maximum axle weight specified in the Certificates of Registration of the vehicles of the petitioners is 15.6 tonnes and not 16.2 tonnes as specified in Ext.P1 Notification. Therefore, the revision of the maximum axle weight in accordance with Exts.P4 and P5 Notifications and Ext.P6 Advisory would enure only to vehicles registered with maximum safe axle weight of 16.2 8. The counsel for the petitioners argued that the respondent, while passing Exts.P8 and P9 orders, overlooked the fact that in Ext.P1 Notification the maximum Safe Axle Weight specified in the Schedule to the said Notification would be endorsed in the Certificates of Registration of the transport vehicles specified therein, only in the event of it being less than the rating of Gross Vehicle Weight and Safe Axle Weight by the vehicle manufacturers. 9. The respondent resisted the writ petition. The respondent stated that the Gross Vehicle Weight (laden weight) of both the vehicles is 15660 Kg. The petitioners applied for enhancement of Gross Vehicle Weight. By Ext.P1 Notification dated 18.10.1996 published as SO 728(E), the Central Government specified maximum gross vehicle and the maximum safe axle weight of each of transport vehicles of various categories. As per this, for vehicles with two axle two tyres on front axle and four tyres on rear axle, the maximum safe axle weight is 16.2 tonnes. 10. The petitioners' vehicles have front axle one number, number of tyres two and rear axle one number and number of tyres four. As per this, for vehicles with two axle two tyres on front axle and four tyres on rear axle, the maximum safe axle weight is 16.2 tonnes. 10. The petitioners' vehicles have front axle one number, number of tyres two and rear axle one number and number of tyres four. The Gross Vehicle Weight certified by the manufacturers and registered in the Certificates of Registration as per Exts.P2 and P3 is 15660 Kg. only. The maximum Gross Axle Weight and maximum Safe Axle Weight specified in the Schedule is 16.2 tonnes as per Ext.P1 Notification. In this case of rigid vehicle having two axles with two tyres on front axle and four tyres on rear axles. The petitioners' goods carriages were registered with maximum safe axle weight 15.6 tonnes only. Hence, the application for enhancement of gross vehicle weight is rightly rejected. 11. The respondent further submitted that by Notification SO 3467(E) dated 16.07.2018, Ministry of Road Transport and Highways (MoRTH) notified permissible Gross Vehicle Weight of such vehicles as 19000 Kg. which was subsequently amended by second Notification dated 06.08.2018 by SO No. 3881 (E) MoRTH. The maximum permissible Gross Vehicle Weight with two axles with two front tyres and four tyres on rear axle permissible gross vehicle weight is 18500 Kg. only. The maximum axle weight specified in the Certificate of Registration of petitioners' vehicle is 15.6 tonnes only and not 16.2 tonnes. Hence, the application for enhancement of Gross Vehicle Weight of goods carriages are rejected subject to the Notification cited above, by Exts.P8 and P9 proceedings. 12. I have heard the learned counsel for the petitioners and the learned Senior Government Pleader representing the respondent. 13. The term Gross Vehicle Weight has been defined in Section 2(15) of the Motor Vehicles Act, 1988. As per Section 2(15) “Gross Vehicle Weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the Registering Authority as permissible for that vehicle. It is therefore evident that Gross Vehicle Weight is the total weight of the vehicle and load as certified by the Registering Authority as permissible for that vehicle. Registered axle weight has been defined in Section 2(36) to mean, in respect of the axle of any vehicle, the axle weight certified and registered by the Registering Authority. 14. It is therefore evident that Gross Vehicle Weight is the total weight of the vehicle and load as certified by the Registering Authority as permissible for that vehicle. Registered axle weight has been defined in Section 2(36) to mean, in respect of the axle of any vehicle, the axle weight certified and registered by the Registering Authority. 14. As per Ext.P1 Notification dated 18.10.1996, in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle, the maximum Safe Axle Weight has been specified as 16.2 tonnes. Ext.P1 Notification provided that if the rating of the Gross Vehicle Weight or axle weight by the vehicle manufacturer is less than that specified for such vehicle in the Schedule, the former weight will be recorded in the Certificate of Registration. 15. In the case of the vehicles of the petitioners, even though the maximum Gross Vehicle Weight and maximum Safe Axle Weight specified in the Schedule to Ext.P1 was 16.2 tonnes, the petitioners' goods carriages were registered with a maximum Safe Axle Weight of 15.6 tonnes only since that was the rating given by the manufacturer. This is evident from Exts.P2 and P3. 16. Ext.P1 Notification was superseded by Exts.P4 and P5 Notifications. By Exts.P4 and P5, the Government of India specified the maximum Safe Axle Weight in relation to transport vehicles of various categories. Exts.P4 and P5 took away the primacy accorded in Ext.P1 Notification to the ratings of the Gross Vehicle Weight or axle weight by the vehicle manufacturer. As per Exts.P4 and P5, the maximum Safe Axle Weight of various categories of transport vehicles would be as specified in the Notification. 17. Ext.P6 Advisory entailing Exts.P4 and P5 provided that in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle, the maximum Safe Axle Weight shall be 18.5 tonnes (as against 16.2 tonnes prescribed in Ext.P1 Notification). It is in such circumstances that the petitioners approached the respondent for revising the maximum Safe Axle Weight recorded in their Certificates of Registration. 18. Section 2(15) provides that Gross Vehicle Weight means the total weight of the vehicle and load certified and registered by the Registering Authority as permissible for that vehicle. It is in such circumstances that the petitioners approached the respondent for revising the maximum Safe Axle Weight recorded in their Certificates of Registration. 18. Section 2(15) provides that Gross Vehicle Weight means the total weight of the vehicle and load certified and registered by the Registering Authority as permissible for that vehicle. The permissible weight as per Ext.P6 Advisory, in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle is 18.5 tonnes. Therefore, the respondent is bound to revise the Gross Vehicle Weight in the Certificates of Registration of the petitioners. 19. The contention of the respondent is that the Gross Vehicle Weight certified by the manufacturers and registered in the Certificate of Registration is only 15.6 tonnes. According to the respondent, the maximum Gross Axle Weight and maximum Safe Axle Weight specified in the Schedule to Ext.P1 Notification is 16.2 tonnes and the goods carriages of the petitioners were registered with maximum safe axle weight of 15.6 tonnes only. Therefore, the request for revision of gross vehicle weight is rightly rejected. 20. It is evident from Section 2(15) that the Gross Vehicle Weight is the weight certified by the Registering Authority. The authority registers the Gross Vehicle Weight based on the Notification issued by the Government of India from time to time. As per Ext.P1 Notification, primacy was given to the ratings of the Gross Vehicle Weight by the vehicle manufacturer. It was based on Ext.P1 that the Gross Vehicle Weight of the petitioners' vehicles was recorded as 15.6 tonnes. The primacy given to the ratings by the vehicle manufacturer has been given a go by, in Exts.P4 and P5 Notifications. As per Ext.P6 Advisory issued by the Government of India following Exts.P4 and P5 Notifications, in the case of the vehicles like that of the petitioners, the maximum Safe Axle Weight specified is 18.5 tonnes. The respondent is therefore bound to revise the Gross Vehicle Weight in respect of the vehicles of the petitioners. 21. Exts.P8 and P9 orders are therefore set aside. The respondent is directed to revise the Gross Vehicle Weight and the maximum Safe Axle Weight specified in Exts.P2 and P3 Certificates of Registration as 18.5 tonnes in accordance with Exts.P4 and P5 Notifications and Ext.P6 Advisory issued by the Ministry of Road Transport and Highways, Government of India. 22. 21. Exts.P8 and P9 orders are therefore set aside. The respondent is directed to revise the Gross Vehicle Weight and the maximum Safe Axle Weight specified in Exts.P2 and P3 Certificates of Registration as 18.5 tonnes in accordance with Exts.P4 and P5 Notifications and Ext.P6 Advisory issued by the Ministry of Road Transport and Highways, Government of India. 22. The writ petition is allowed as above.