Registration Authority Can't Insist For Fitting Of Sensors To Pneumatic Doors In Buses Used As Stage Carriages: Kerala High Court
The Kerala High Court has held that registration authorities should not insist on fitting of sensors to pneumatic doors in buses used as stage carriages since it is not mandated under Rule 280 of the Kerala Motor Vehicles Rules, 1989 and Chapter VI of the AIS-052 (Rev.1).Rule 280 of Kerala Motor Vehicles Rules deals with the entrance and exit of stage carriages and Clause 6.5 of AIS-052...
The Kerala High Court has held that registration authorities should not insist on fitting of sensors to pneumatic doors in buses used as stage carriages since it is not mandated under Rule 280 of the Kerala Motor Vehicles Rules, 1989 and Chapter VI of the AIS-052 (Rev.1).
Rule 280 of Kerala Motor Vehicles Rules deals with the entrance and exit of stage carriages and Clause 6.5 of AIS-052 (Rev.1) deals with Power Operated Service Door.
Justice N Nagaresh directed the registering authority to register the petitioner's bus without insisting on fitting sensors in the pneumatic doors, provided the bus satisfies other requirements as per paragraph 6.5 of AIS-052 (Rev.1).
“A closer reading of Rule 280 of the Kerala Motor Vehicles Rules, 1989 and Chapter VI of the AIS-052 (Rev.1) would make it clear that neither the rules nor the authorities insisted for fitting of Sensors to Pneumatic Doors in a Stage Carriage. Therefore, as long as the vehicle of the petitioner satisfies the provisions contained in Chapter VI of AIS-052 (Rev.1) including the construction of tapered Test Bar as per the requirement in paragraph 6.5.1.3 and the closing force, peak force, effective force and clamping force as required in paragraph 6.5, the respondents will not be justified in insisting that the Stage Carriage of the petitioner will be registered only if the Pneumatic Doors of the Stage Carriage are fitted with Sensors.”
The petitioner is a bus owner who has approached the Court seeking an order to the Registering Authority for permanent registration of his bus without insisting for fitting of sensors in the pneumatic door since such fitment of sensors was not required as per rules. The petitioner contended that fitment of sensors in the pneumatic door was not a mandatory requirement but only an additional safety measure as per law.
On the other hand, the Government Pleader submitted that fitment of sensors in the pneumatic door for the operation of the bus without risk or injury to the passenger.
The Court noted the state government issued a notification in 2011 proposing to amend Rule 280 of the Kerala Motor Vehicles Rules for fitting of pneumatic doors. The Court found that the state government in 2017 issued notification amending Rule 280 of the Kerala Motor Vehicles Rules by inserting two new provisos. “The two provisos inserted in Rule 280 by Notification dated 19.12.2017 would make it clear that the doors/shutters provided in buses, shall be in accordance with AIS-052 (Rev.1)”, stated the Court.
On analyzing paragraph 6.5 of AIS-052 (Rev.1), the Court held that there was no mandatory requirement for fitting sensors to power operated service doors of stage carriages. It stated that AIS provides for the creation of power operated service doors with test bars to reduce any likelihood of risk or injury to passengers.
As such, the Court held that neither Rule 280 of the Kerala Motor Vehicles Rules nor paragraph 6.5 of AIS-052 (Rev.1) mandates the fitting of sensors to pneumatic doors.
Accordingly, the writ petition was allowed.
Counsel for Petitioner: Advocate O D Sivadas
Counsel for Respondents: Government Pleader Sreejith V S
Citation: 2024 LiveLaw Ker 267
Case Title: Nijo Varghese v Transport Commissioner
Case Number: WP(C) NO. 1142 OF 2024