Can't Adopt Rule Of Convenience: Kerala High Court Issues Traffic Directions For Private Transport Buses And Autorickshaws

The Kerala High Court on Tuesday directed the Police Commissioner and the Regional Transport Authority in Kochi to immediately issue orders prohibiting private transport buses from using horns in city limits and to ensure that they ply only on the extreme left side of city roads

Justice Amit Rawal notified a set of traffic directions for private buses and auto-rickshaws in the Ernakulam district.

"There shall be directions to the Police Commissioner of Kochi/Ernakulam as well as the Regional Transport Authority, Cochin/Ernakulam to immediately issue an order of prohibiting the private transport buses not to use horn on city and ply on extreme left side of the road without overtaking each other or other private vehicles."

It was clarified that this direction will also be applicable to the autorickshaws and shall ensure that the registration of autorickshaws does not increase the per capita population of Kochi and to prevent further congestion of the road as the width of the road owing to the paucity of the place is not conducive for plying transport vehicles in large numbers.

Around 18 autorickshaw owners had moved an application seeking variation of the terms of the permit issued by the Regional Transport Authority which imposed certain restrictions against plying vehicles to pick up passengers or park within the city of Kochi.

The petitioner argued that there are no designated parking places for parking autorickshaws so that the passengers can use the facility of the autorickshaws and requested the authorities to change their stand.

However, the Joint Regional Transport Authority rejected this claiming that they had received 22 applications from the owners for variation of the permit to allow any stand within the Perumbavoor Municipality as a parking place.

On enquiry, it was found that roads therein were congested and numerous vehicles were allowed to park and ply inside the municipality. Therefore, the Municipality had decided not to allow new permits for autorickshaws within Perumbavoor.

The Court while noting that the impugned permits were of 2014, held that there could not be any changes in the condition now. Meanwhile, it was brought to the attention of the Court that many autorickshaws being plied in Ernakulam and other districts did not follow the traffic rules.

"They adopt the rule of convenience and not the rules by stopping at their convenience for picking up the passengers midway through the journey and beyond the capacity granted in the permit which results in risk of accident."

The Court also noted that transport vehicles like passenger private transport buses plying in the city also perpetually use their horns to overtake, risking the life of the pedestrians and other passengers travelling in other vehicles.

It was also observed that these buses looked very old. Though the Motor Vehicle Act does not permit vehicles beyond 15 years on the road, the Judge observed that there may be cases where fitness certificates are being issued by the Regional Transport Authority.

"There has to be a limit as to till what time the fitness certificate can be issued. In other words, whether it can be permitted beyond 15 years by relaxation or granting exemptions."

The authorities have also been asked to issue directions to fix the speed limit of the aforementioned private buses and autorickshaws and also issue directions for fixing a Governor on the speed so that any driver who intends to increase the speed is prevented to do so.

The order was directed to be communicated through the Police Commissioner, Kochi and Regional Transport Officer for immediate compliance through the Advocate General of Kerala.

Advocates P.M. Saneer and P.A Shaji Samad appeared for the petitioners and Senior Sunil V.K appeared for the respondents in the case. 

Case Title: Aboobacker K.A & Ors v. Joint Regional Transport Officer

Citation: 2022 LiveLaw (Ker) 253

Click Here To Read/Download The Order