Law Officers & Central Govt Counsel Can't Display Name Of Court In Their Vehicles : Kerala High Court

The Kerala High Court has held that the display of the name of the court by state law officers and central government counsel in the name-boards of their motor vehicles was contrary to the rules framed under the Motor Vehicles Act.

The Court held so while issuing a slew of directions to regulate the unauthorized display of the official State emblems and unauthorized use of name boards on motor vehicles.

Justice Anil K. Narendran while hearing a plea concerning compliance with motor vehicle rules, ordered the Transport Commissioner to file a report regarding the action taken in pursuance of the directions issued in this regard, in an earlier judgment dated 28.10.2019. The matter has been posted on 7th July 2021.

Use of Official Emblems

The State Emblem of India (Prohibition of Improper Use) Act prohibits the improper use of the State Emblem of India for professional and commercial purposes and for matters incidental thereto.

The Court emphasized that Rule 7 of this Act restricts the use of the emblem on vehicles to the authorities mentioned under Schedule II. These authorities include constitutional authorities and other dignitaries, who are authorised to display the emblem on their cars.

Since the Act does not provide for the use of the emblem or star plate on any other motor vehicle, the Court observed that such usage was legally impermissible.  

Similarly, although the State has the authority to make rules under the Act, this power shall not be exercised to permit the use of such emblem or star plate on any unauthorised motor vehicles.

Moreover, provisions of Motor Vehicles (Driving) Regulations mandate that motor cars carrying constitutional authorities and other dignitaries, permitted to use the State Emblem of India/Asoka Chakra/Official Emblem of the State, should display the registration mark in the form and manner specified. 

These directions were to be followed strictly in the State, and the Transport Commissioner was asked to take necessary steps through the concerned officers in the Motor Vehicles Department to ensure that no unauthorised motor vehicle displaying an emblem is permitted to be used in any public place.

Usage of Name Boards

The Court observed that the display of the name of the state government in name-boards were being permitted on motor vehicles owned by co-operative societies, and other societies and even on vehicles owned by NGOs.

Several motor vehicles of law officers and Central government counsels were also permitted to display the name of the Court on the registration plates. 

This was a violation of Section 3 of the Emblems and Names (Prevention of Improper Use) Act. 

"In violation of the provisions under Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 the name of the State Government is permitted to be exhibited on motor vehicles other than those owned/used by the State Government Departments and the name of the High Court is permitted to be exhibited on motor vehicles used by the Law Officers and the Central Government Counsel of this Court. In view of the prohibition contained in Section 3 of the Emblems and Names(Prevention of Improper Use) Act, the provisions under clause (x)of Rule 92A of the Kerala Motor Vehicles Rules, 1989, substituted by the Kerala Motor Vehicles (4th Amendment) Rules, 2015, will not entitle the Law Officers and the Central Government Counsel to exhibit the name of this Court on their motor vehicles. In violation of sub-regulation (3) of Regulation 36 of the Motor Vehicles(Driving) Regulations, 2017, the designation of Law Officers and Central Government Counsel in this Court is being permitted to be written on the registration plate of their motor vehicles", Justice Anil Narendran observed.

The Court observed that the rule-making power of the State Government under the Motor Vehicles Act does not empower it to permit the use of name boards in a motor vehicle. 

 Numerous other directions were issued by the Court in the matter as well to improve road safety in the State.  The Court has directed the Transport Commissioner to produce a report of the action taken in this regard by 7th July 2021. 

Background:

The petitioner purchased a registered Heavy Passenger Motor Vehicle and applied for permission for alteration of the vehicle as Educational Institution Bus (Contract Carriage). 

The Additional Registering Authority issued a certificate of registration for Stage Carriage on the ground that to change the class of vehicle as Educational Institution Bus, an alteration had to be done in accordance with the Central Motor Vehicles Rules.

When the petitioner approached this Court, the Additional Registering Authority was directed to conduct an inspection of the vehicle and submit a report. But the inspection report did not indicate whether all tests specified in Rule 62 were carried on.

From the photos produced of the vehicle, the Court observed that it had several deviations from the said Rules and Motor Vehicles (Driving) Regulations.

The defects were accordingly cured and the authorities were asked to take an appropriate decision regarding the change of the class of that vehicle in accordance with the law.

It was observed that motor vehicles likely to endanger the safety of other road users were being permitted to be used in a public place by the Registering Authorities in the State. Therefore, by a judgment dated 28th October 2019, the Court issued directions to be followed by all motor vehicles in order to ensure the safety of road users.

These directions were issued in a matter where the petitioner, Principal of Sabari PTB Smaraka Higher Secondary School, filed a writ petition seeking a directive to the Additional Registering Authority to endorse his class of vehicle as an Educational Institution Bus (Contract Carriage), without insisting compliance of Rule 125C of the Central Motor Vehicles Rules.

Case Title: The Principal, Sabari PTB Smaraka H.S.S vs. Additional Registering Authority

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