Consider Imposing Penalty On Drivers Using Fastag Lanes At Toll Plazas Without Fitting Fastag: Kerala High Court To Centre

The Kerala High Court on Monday directed the Central Government to consider whether penalty can be imposed on drivers using the lanes reserved for Fastag vehicles, without fitting Fastag or with expired Fastag. 

The direction was issued while considering a petition alleging that the delay on the part of the Concessionaire's staff in collecting the toll at Paliyekkara Toll Plaza and their disputes with the drivers are resulting in traffic snarls.

Justice V G Arun observed that 

... the Central Government ought to seriously consider whether penalty can be imposed against drivers using the lanes reserved for Fastag vehicles, without fitting Fastag or with expired Fastag. It is also to be considered whether an appropriate amendment could be brought about to Section 201 of the Motor Vehicles Act, 1998, so as to impose penalty on vehicles causing obstruction to free flow of traffic at toll plazas.

The Court also directed the State Government and the State Police Chief to consider whether persons causing unnecessary issues and obstructions at toll booths could be proceeded against under Section 120 or any other provision of the Kerala Police Act, 2011

"the National Highways Authority and the Concessionaire are bound to device ways and means to ensure smooth and uninterpreted flow of traffic through the Paliyekkara Toll Plaza with immediate effect, failing which this Court may have to require the authorities to give effect to the Guidelines in larger public interest", the Court said. 

The Writ Petition was filed seeking implementation of the clause dealing with Service Time at Toll Plazas of guidelines circular dated 24.05.2021. The clause provides that the total number of toll booths and toll lanes shall be such to ensure a service time of not more than 10 seconds per vehicle at peak flow regardless of the methodology adopted for fee collection. 

The Petitioner submitted that he was compelled to seek relief due to the loss of valuable time at the Paliyekkara Toll Plaza because of the long queue of vehicles. The Petitioner further alleged that the delay on the part of the Concessionaire's staff in collecting the toll and their disputes with the drivers are resulting in traffic snarls. 

The Counsel appearing for the Petitioner further submitted that even after the introduction of the Electronic Toll Collection (ETC) system, there is a disruption in the free flow of traffic and it is contended that in the event of such disruption, the Concessionaire (6th respondent) is bound to permit the vehicles to pass through without paying toll until normalcy is restored.

However, the National Highways Authority and the Concessionaire denying the allegations, asserted that after the introduction of ETC (Fastag), the movement of traffic through the toll gates has become unhindered and occasional delay happens only when vehicles not fitted with Fastag or without sufficient balance in their Fastag attempt to pass through the lanes set up apart for vehicles fitted with Fastag. 

"I am of the considered opinion that the issue canvassed in this writ petition, regarding the loss of time at the Paliyekkara Toll Plaza, call for immediate intervention. The NHAI itself has admitted that 73070 vehicles are crossing the toll plaza on an average daily. Therefore, any delay at any of the toll booths will have a cascading effect on the movement of vehicles, thereby affecting the lives and livelihoods of the commuters, who are made to pay the toll based on the promise to provide hassle free movement of vehicles through good roads.", said the Court, while directing the Central Government to consider whether penalty can be imposed against drivers using the lanes reserved for Fastag vehicles, without fitting Fastag or with expired Fastag.

The matter has been posted on 17th February for further consideration. 

Case Title: Nithin Ramakrishnan v. Union of India and Ors.

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