Kerala High Court Directs State Police, Motor Vehicle Dept. To Take Strict Action Against Overloading, Misuse Of Govt Boards On Vehicles

The Kerala High Court has directed the State Police and Enforcement Officials of the Motor Vehicles Department to initiate stringent measures against vehicle drivers/owners found disregarding the Road Safety Policy guidelines, particularly against those who overload their vehicles or use a government nameplate without the requisite authorisation.

Justice Anil K Narendran issued certain directions to reinforce the strict implementation of the Road Safety Policy, Motor Vehicles Act and the Motor Vehicles (Driving) Regulations in the State as directed by the Supreme Court Committee on Road Safety.

"Many goods carriages are seen plying in the State, carrying the name board "Government of Kerala", "Kerala State", "Government Vehicle", etc. to mislead the police, enforcement officers of the Motor Vehicles Department, etc. by giving an impression that the said vehicles are owned by government department. Persons in such vehicles are pretending as if they are government servants and they are misusing such name boards to escape from the checking of vehicle by the Police, Enforcement Officers of the Motor Vehicles Department, etc., and to avoid payment of toll at the toll booths. It is the duty of the Police and the Enforcement Officers of the Motor Vehicles Department to keep an eye on such vehicles, subject them to thorough checking, besides verifying the identity of persons in it, and initiate appropriate proceedings in accordance with law." 

The development comes in a contempt plea moved by the All Kerala Truck Owners Associationseeking contempt action for wilful disobedience of the High Court's order in Anoop K.A. & Anr v. State of Kerala & Ors.

In Anoop K.A  (supra), the High Court had held that as per Rule 21(8) of the Central Motor Vehicles Rules, carrying overload in goods carriages constitute an act likely to cause nuisance or danger to the public under Section 19(1)(f) of the Motor Vehicles Act.

It was also held that if this direction was not complied with, the Transport Commissioner, the Deputy Transport Commissioner and the Regional Transport Officer should forward the driving licence of the driver of the vehicle to the Licensing Authority to initiate proceedings under Section 19(1).

However, these authorities filed affidavits before the Court stating that due to the Covid-19 pandemic situation, the Enforcement Officers of the Motor Vehicles Department showed leniency by not suspending the driving license except in grave offences.

Justice Narendran opined that such leniency was in violation of the statutory provisions and the directions contained in the judgment in Anoop K.A. He added that any interference with the enforcement activities of the officers in the Motor Vehicles Department, either by the Torus/tipper drivers and owners or by the office bearers of their unions, or any threat faced by such officers from their side, also demands serious consideration.

When the contempt case came up for consideration in October 2021, the Court noticed that the plying of goods vehicles on public places defying the statutory provisions and the directions of the court is likely to cause danger to other road users. Therefore, it opined that this is a fit case in which the Court can exercise its inherent powers under Article 215 of the Constitution of India to ensure the safety of the most vulnerable road users such as pedestrians, cyclists, children, elderly persons and differently-abled persons.

The matter will be taken up again on February 25 by which time the petitioners are to file a reply affidavit to the affidavits filed by the respondents.

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.

Citation: 2022 LiveLaw (Ker) 80

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