Kerala High Court Directs Motor Vehicle Department To Furnish Action Taken On Its Directions On Road Safety

The Kerala High Court recently made an attempt to reinforce the Rules and directions in place for road safety by directing the concerned officers to take necessary steps and ensure that no motor vehicle ply in any public place violating the statutory provisions.

Justice Anil K. Narendran accordingly directed the Transport Commissioner, the Deputy Transport Commissioner and the Regional Transport Officer to file individual affidavits explaining action taken in the matter.

The development comes in a plea seeking contempt action for wilful disobedience of the High Court's order in Anoop K.A. and another v. State of Kerala and others.

The petitioners had initially approached the Court seeking a directive to the concerned authorities of the Motor Vehicle Department to strictly implement the directions issued by the Supreme Court Committee on Road Safety. 

They had also prayed that necessary action be taken against goods carriages carrying overload, as per the provisions under the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989.  

After considering the plea, the Court had laid down numerous directions to be followed in the State, particularly to see to it that Road Safety Policy, the Motor Vehicles Act and the Motor Vehicles (Driving) Regulations, 2017 were implemented in the State forthwith.

In its judgment, the Court had laid special emphasis on overloading and projection of loads in vehicles in a manner which is likely to cause danger to other road users or nuisance to the public.

Following the inaction of the respondents, the petitioners preferred the instant contempt petition under Section 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution for wilful disobedience of the directions contained in the judgment. 

The Court thereby directed the respondents to file individual affidavits before it explaining the action, if any, taken in terms of the directions contained in the said judgment.

In the said affidavits, they were directed to furnish:

• Details of the goods carriages which were booked for carrying overload in contravention of Section 113,114 or 115 of the Motor Vehicles Act after the judgment.
• Whether, after compounding under Section 200 of the Act, the offence punishable under Section 194 for driving vehicle exceeding permissible weight, the excess load was permitted to be carried in the vehicle concerned, in contravention of Section 113.
• Driving licence particulars of the drivers of the goods carriages, which were booked for carrying overload, and also the details of the proceedings initiated by the licensing authority in order to disqualify them from holding driving licence for a specified time or to revoke such licence, under Section 19 (f)(1).
• Whether with effect from 01.10.2020, the details of driving licences disqualified or revoked by the licensing authority rerecorded chronologically in the portal and such record are reflected on a regular basis on the portal, as per the mandate of sub-rule (2) of Rule 21 of the Central Motor Vehicles Rules.
•  Action, if any, taken against the use of goods carriages on public roads without displaying the registration mark in the manner specified under the provisions of the Central Motor Vehicles Rules and also the Motor Vehicles (Driving) Regulations. 

The matter will be taken up again on 17th November by which time the said affidavits are to be submitted before the Court.

Advocates P.K Sreevalsakrishnan and K.R Prathish appeared for the petitioners in the matter.

Case Title: Anoop K.A & Anr v. K.R Jyothylal & Ors

Click Here To Read/Download The Order