J&K&L High Court Dismisses Plea Seeking Exemption From Installation Of Tracking Devices & Panic Buttons In Public Vehicles Under CMV Rules

The Jammu and Kashmir and Ladakh High Court on Friday dismissed a plea seeking exemption from the requirement of installing Vehicle Location Tracking Devices (VLTD) and Panic Buttons in public service vehicles till establishment of Command and Control centres in the union territory.

Justice Sanjeev Kumar said the "court cannot issue a writ of mandamus to the authorities for acting contrary to the statutory Rules."

The court noted that to give sufficient time to the owners of public service vehicles to comply with the provisions of Rule 125-H of the Central Motor Vehicles Rules, the timeline for its compliance was earlier extended by Centre upto April 1, 2019.

It further observed that States or Union Territories in April 2018 were also given a power to notify the date for compliance of the requirement after the expiry of time period of exemptions in respect of vehicles registered upto December 31, 2018.

Observing that no such notification of the UT administration has been brought to its notice, the court said minutes of a meeting chaired by the Transport Commissioner on April 1 rather reveal that a decision has been taken to direct all RTOs and ARTOs to ensure strict compliance of the rule.

"In the absence of any further exemption granted by the Union Territory of Jammu and Kashmir, the petitioner cannot ply the Public Service Vehicles unless they are fitted with the requisite devices and are in compliance with Rule 125-H of the Central Motor Vehicles Rules, 1989," said the court.

It also noted that the Transport Commissioner in the meeting had made it clear that the process of installation of VLTD and emergency buttons would be completed within a period of four months. "This decision was taken on 1st April, 2022, and the four month period granted has expired on 1st August, 2022," said the bench.

The court passed the order on a plea by Green Valley Sumo Taxi Stand Union for a direction for grant of fitness certificates in respect of the vehicles of its members. The court was told the vehicles are due for issuance of fitness certificates, but because of their inability to equip the vehicles with VLTD and Emergency Panic Buttons, the respondents have declined to issue the certificate of fitness in their favour.

The petitioners argued that since the association was registered before December 31, 2018, they are exempted from the fitment of VLTD and Panic Buttons till appropriate infrastructure like Command and Control centres to monitor and track the vehicles is established in the Union Territory of Jammu and Kashmir.

The petitioner placed strong reliance on the communication of the Ministry of Roads, Transport and Highways dated 31st October, 2018 whereby the Centre, in exercise of powers conferred by Clause (a) of Sub-Section 3 of Section 110 of the Motor Vehicles Act 1988 (the Act), exempted all Public Service Vehicles from the provisions of Rule 125-H of the Central Motor vehicles Rules 1989 up to April 1, 2019.

It was further submitted that despite there being a communication dated 15th January, 2020, issued by Ministry of Roads, Transport and Highways, to all the Principal Secretaries/Transport Commissioners of States/Union Territories for formulating scheme for implementation of "Development, Customization, Deployment and Management" of State wise vehicle tracking platform for safety and enforcement etc., the UT administration has not so far framed any such scheme.

The petitioners further contended that in absence of such a scheme the drivers cannot be compelled to equip their vehicles registered prior to 31st December, 2018, with the VLTD and Emergency Panic Buttons.

It was also argued the in-action of the respondents to grant certificate of fitness in favour of the petitioner has deprived them of their livelihood for no fault of theirs.

Justice Kumar observed that from the prayers made in the petition it clearly transpires that the members of petitioner association, who claim to have registered their vehicles prior to 31st December, 2018, are not willing to get their vehicles fitted with the VLTD and Emergency Panic Buttons.

Underscoring that it cannot issue a direction to the authorities for acting contrary to the statutory Rules, the court said: "It is true that the Government of Union Territory of Jammu and Kashmir is empowered to grant exemption having regard to the relevant facts and circumstances and provide reasonable time to the petitioner to have their Public Service Vehicles fitted with the requisite devices to comply with the Rule 125-H of the Central Motor Vehicles Rules, 1989".

"This is, however, left to be determined by the Competent Authority having regard to the attending facts and circumstances," concluded the bench while dismissing the plea.

Case Title : Green Valley Sumo Taxi Stand Union Vs UT of J&K & Ors.

Citation: 2022 LiveLaw (JKL) 195