Whether Tourism Department Vehicles Carrying Constitutional Dignitaries Use Backlit Boards Contrary To Rules? Kerala High Court Asks Govt
The Kerala High Court sought response from the Government on whether Tourism Department vehicles carrying constitutional dignitaries and authorities are fitted with backlit name boards and registration plates contrary to the Central Motor Vehicles Rules and flouting safety standards.
The Division Bench comprising Justice Anil K.Narendran and Justice Harisankar V. Menon observed thus:
“On a query made by this Court as to whether the vehicles owned by the Tourism Department, which are used for carrying constitutional dignitaries and authorities are fitted with backlit name boards in read background and backlit registration plates, openly flouting the requirements of the Central Motor Vehicles Rules and also the safety standards prescribed in AIS-008- Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicles having more than three wheels, the learned Special Government Pleader seeks time to get instructions.”
As per the Apex Court decision in Avishek Goenka v. Union of India (2012), no motor vehicle, including Government vehicles shall be fitted with lights which are not specifically provided for in the Central Motor Vehicles Rules. Further, the safety standards prescribed in AIS-008 and Rule 108 of the Central Motor Vehicle Rules prevent the usage of backlit nameboards to protect the safety of road users.
As per Rule 92A of the Motor Vehicle Rules, no motor vehicles other than those specified in the provision could exhibit boards showing the name of the Government or the Government Department or the designation of the officer using it without permission of the Government. The Court noted that vehicles owned by statutory bodies, societies registered under the Societies Registration Act, and non-governmental organizations unauthorizedly use national and state emblems contrary to Rule 92A.
The Court noted officers were unable to prevent the use of motor vehicles openly flouting safety standards mentioned in AIS-008 and unauthorizedly displaying name boards against the provisions of the State Emblem of India (Prohibition of Improper Use) Act, 2005, the State Emblem of India (Regulation of Use) Rules, 2007 and Rule 92A of the Kerala Motor Vehicles Rules, 1989 and the provisions contained in Rule 108 of the Central Motor Vehicle Rules, 1989.
The Court was dealing with the suo moto case registered to consider the issue of unauthorized use of national and state emblems as well as government boards on vehicles.
The matter is posted to July 30.
Case Title: Suo Moto v Union of India
Case Number: WP(C) NO. 25129 OF 2024