The Kerala High Court recently ordered the Kerala State Police and Enforcement Officials to take harsh action against vehicle drivers/owners who are caught breaking the Road Safety Policy's standards, particularly by overloading their cars or using a government nameplate without permission. [Anoop KA v KR Jyothylal & Ors.].
On February 9, Justices Anil K Narendran issued the orders in a contempt case brought by the All-Kerala Truck Owners Association for failing to follow the Court's previous orders to ensure strict implementation of the Road Safety Policy, as well as the provisions under the Motor Vehicles Act and the Motor Vehicles (Driving) Regulations, 2017 in Kerala, as directed by the Apex Court in Dr. S Rajaseekaran v Union of India.
"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 Court observed.
The contempt case arose from the directions of the Court in Anoop KA v KR Jyothylal in which it was also held that in view of the provisions under clause (8) of Rule 21 of the Central Motor Vehicles Rules, carrying overload in goods carriages shall constitute an act, which is likely to cause nuisance or danger to the public, for the purpose of clause (f) of sub-section (1) of Section 19 of the Motor Vehicles Act.
If this order is not followed, the Transport Commissioner, Deputy Transport Commissioner, and Regional Transport Officer must forward the driver's licence to the Licensing Authority, who will then initiate proceedings under sub-section (1) of Section 19 of the Motor Vehicles Act, according to the Court in Anoop KA.
The authorities produced affidavits in court, claiming that because of the Covid-19 pandemic, the Motor Vehicles Department's Enforcement Officers were lenient in not suspending drivers' licences, save in serious cases.
The Court, on the other hand, stated that this is in breach of the statutory restrictions as well as the orders in the Anoop KA judgement.
Similarly, the Court stated that any interference with the enforcement activities of the Motor Vehicles Department officers, whether by Torus/tipper drivers and owners or by the office bearers of their unions, or any threat faced by such officers from their side, requires the Court's serious consideration.
When the contempt case was heard in October 2021, the Court observed that the operation of goods trucks on public roads in violation of legislative provisions and court orders in Anoop KA is likely to endanger other road users.
As a result, it concluded that this is an appropriate case in which the Court might utilise its inherent powers under Article 215 of the Indian Constitution to safeguard the safety of the most vulnerable road users, including walkers, cyclists, children, the elderly, and differently-abled people.
On February 25, the issue will be addressed.