Disposed

Jijith v. State of Kerala

Kerala HC21 Dec 2018WP(C)/25876/2018

Case brief

AI extract

What is this about?

Contract carriage operators challenged notices requiring removal of unauthorised lights and audio equipment. The court rejected the challenge and required removal of noncompliant fittings, graphics and glass coverings, proper registration markings, fresh notices and technical inspection, with statutory fitness-cancellation proceedings if noncompliance persisted.

What did the court decide?

Fresh compliance notices and technical inspection directed; operators allowed three weeks after notice to produce rectified vehicles and an opportunity to remedy minor defects.

Jijith Vs State of Kerala — Environment and Pollution | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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FRIDAY,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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WP(C).No. 25876 of 2018

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PETITIONERS:

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1 JIJITH SON OF RAJAN, 87 (4/88), KANARA,4, KARANCHIRA, KATOOR GRAMA PANCHAYAT,PIN CODE 680702, ERNAKULAM DISTRICT

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2 MANOJ KUMAR.G S/O.GOPALAKRISHNAN NAIR, AIKARATHARAVELIYIL HOUSE, KOTHAMANGALAM, PIN 686691, ERNAKULAM DISTRICT

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3 ANIL JOSEPH ANTONY SON OF JOSEPH, MANGALAPILLIYIL HOUSE,CHELAD, PINDIMANA, CHELAD JUNCTION, KOTHAMANGALAM, PIN 686691, ERNAKULAM DISTRICT

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BY ADVS. SRI.K.RAMAKUMAR (SR.) SMT.R.S.ASWINI SANKAR SRI.S.M.PRASANTH SRI.T.H.ARAVIND SRI.T.RAMPRASAD UNNI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR VEHICLES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, 695001

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2 THE TRANSPORT COMMISSIONER THIRUVANANTHAPURAM 695001

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3 THE REGIONAL TRANSPORT OFFICER KAKKANAD, ERNAKULAM 682030

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4 THE JOINT REGIONAL TRANSPORT OFFICER TRIPUNITHURA, ERNAKULAM DISTRICT,PIN 682301

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5 THE ASSISTANT MOTOR VEHICLES INSPECTOR SUB REGIONAL TRANSPORT OFFICE,KOTHAMANGALAM, PIN 686691, ERNAKULAM DISTRICT ADDL.R6 IMPLEADED

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6 THE ASSISTANT MOTOR VEHICLE INSPECTOR SUB REGIONAL TRANSPORT OFFICE, THRIPUNITHURA. (SUO MOTU IMPLEADED AS ADITIONAL 6TH RESPONDENT AS PER ORDER DT.8.8.2018)

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ADDL.R7. IMPLEADED

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7 ALL KERALA CONTRACT CARRIAGE OPERATORS ASSOCIATION, REPRESENTED BY ITS ERNAKULAM, DISTRICT PRESIDENT, BINU JOHN, THRIPUNITHURA - 682301. (IMPLEADED AS ADDITIONAL 7TH RESPONDENT AS PER ORDER DT.16.8.2018 IN I.A.No.2/2018) BY ADVS.

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SMT.LIZAMMA AUGUSTINE SMT.VARADA SURENDRAN SRI.SEBASTIAN PAUL

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R1 TO R6 BY SMT.SHEEJA C.S.SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.10.2018, THE COURT ON 21.12.2018 DELIVERED THE FOLLOWING:

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“CR”

JUDGMENT

The petitioners, who are operating contract carriages bearing registration Nos.KL-45/R-959 (wrongly typed as KL-45/F959 in the writ petition), KL-44/D-7473 and KL-17/N-7374 respectively, have filed this writ petition under Article 226 of the Constitution of India, seeking writ of certiorari to quash Exts.P1 to P3 notices issued by respondents 5 and 6 and seeking a declaration that the issuance of Exts.P1 to P3 notices are violative of Articles 14, 19 and 21 of the Constitution of India and therefore, void, inoperative and unenforceable. The petitioners have also sought for a writ of mandamus forbearing the respondents from taking any further steps pursuant to Exts.P1 to P3 or otherwise forbidding the petitioners from installation or using of facilities of video or audio equipments for passengers in their contract carriages (wrongly stated as tourist buses in the statement of facts and in relief No.iii) bearing registration Nos.KL-45/R-959, KL-44/D-7473 and KL-17/N-7374.

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2.1. On 01.08.2018, when this writ petition came up for

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admission, the learned Senior Government Pleader was directed

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to get instructions.

2.2. On 03.08.2018, the learned Senior Government

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Pleader was directed to ensure that an affidavit of the 5^th respondent, who has issued Exts.P2 and P3 notices shall be placed on record by 08.08.2018. It was also ordered that the affidavit of the person, who has issued Ext.P1 notice shall also be placed on record by that day.

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2.3. On 08.08.2018, when this writ petition came up for consideration, it was submitted by the learned Senior Government Pleader that the Ext.P1 notice is one issued by the Assistant Motor Vehicle Inspector, Tripunithura. In such circumstances, the said officer was suo motu impleaded as additional 6^th respondent and the matter was ordered to be listed at 1.45 pm for consideration. At 1.45 pm, when the case was taken up for consideration, separate counter affidavits have been filed by the 5^th respondent and by the additional 6^th respondent, producing therewith the photographs of the contract carriages in question and also its registration particulars. As per the registration particulars, the class of the petitioners' vehicles is 'Heavy Passenger Motor Vehicle - Contract Carriage'. The learned

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Senior Counsel for the petitioners sought time to file reply affidavit and accordingly, the case was adjourned to 10.08.2018 for further consideration.

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2.4. On 10.08.2018, the petitioners have filed reply

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affidavit. In paragraph 7 of the reply affidavit, the petitioners have stated that, no light, which is illegal has been fitted and if any illegal fittings are pointed out, they shall be removed.

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2.5. On 13.08.2018, when this writ petition came up for

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further consideration, this Court noticed from Exts.P1 and P2 notices issued by the 5^th respondent and Ext.P3 notice issued by the additional 6^th respondent that, at the time of inspection, the petitioners' contract carriages were fitted with laser/LED/Neon lights and high-end music systems. The photographs of the contract carriages are also placed on record along with the counter affidavits filed by respondents 5 and 6. During the course of arguments, on a query made by this Court, the learned Senior Counsel for the petitioners submitted that the petitioners are prepared to produce their contract carriages before the competent authority for inspection. The learned Senior Government Pleader submitted that, if the petitioners are

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producing their contract carriages before the 3^rd respondent

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Regional Transport Officer, he shall conduct an inspection by constituting a team of officers and thereafter, a report pointing out the statutory violations shall be submitted before this Court. In such circumstances, this Court passed an interim order to the

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following effect;

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“(i) The petitioners shall produce contract carriages bearing registration Nos.KL-45/R-959, KL-44/D-7473 and KL-17/N-7374 before the 3^rd respondent Regional Transport Officer, Kakkanad, at 2.00 p.m. on 14.8.2018 . (ii) On such production, the 3^rd respondent shall inspect the said vehicles with the assistance of an inspection team and prepare a report as to the statutory violations. (iii) A copy of the said report shall be produced before this Court on 16.08.2018 through the learned Senior Government Pleader.”

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2.6. On 16.08.2018, when this writ petition came up for

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consideration, I.A.No.2 of 2018 was filed by All Kerala Contract Carriage Operators' Association, represented by its District President, Ernakulam, seeking an order to implead the said Association as an additional respondent in this writ petition. By the order dated 16.08.2018, the said interlocutory application was allowed and the Association was impleaded as additional 7^th

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respondent, without prejudice to the right of the writ petitioners to file counter affidavit in that interlocutory application, in order

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to meet the averments in the accompanying affidavit. The learned Senior Government Pleader submitted that the report of the 3^rd respondent on the inspection conducted on 14.08.2018 will be placed on record within two days and accordingly the matter was adjourned.

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2.7. On 30.08.2018, the report of the joint inspection team

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along with its enclosures are placed on record along with the memo dated 21.08.2018 of the learned Senior Government Pleader. The petitioners have filed a counter affidavit in order to meet the averments in the affidavit accompanying to I.A.No.2 of 2018. Thereafter, on 05.09.2018, the petitioners have filed reply affidavit to the inspection report produced along with the memo filed by the learned Senior Government Pleader. Paragraphs 2 to 4 of the said reply affidavit read thus;

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“2. It is true that certain LED lights were fixed and no objectionable or impermissible lights were fitted in any part of the body. The petitioner is not desirous of continuing with any lights which are found objectionable. The petitioner, however, is required to illuminate inside the bus for benefit

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of the passengers. The same cannot be denied to him and cannot be called impermissible under the provisions of the Motor Vehicles Act. Admittedly, at the time of inspection, no illegalities found and possibility of illegality cannot lead to stopping of the running of the bus.

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It may be noticed that in the inspection report none of the lights or other fittings is found illegal. No light contrary to the Central Motor Vehicles Rules has been fitted in any one of the vehicles of the petitioner. The petitioner is not interested or desirous of putting any light not provided for under the rules. However, in the guise of preventing lights what are permitted under the rules, which are permissible under law cannot be forbidden by the Motor Vehicles Department. Thus, there is no violation of any rules.

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Admittedly, in the case of audio system, there is no case for the department that the permitted volume of sound or level has been exceeded. As long as there is no law prohibiting installation of music system there can only be control of the noise, to which the petitioner is prepared. The audio system, therefore, is not likely to cause any nuisance to anybody or distract the attention of the driver. The notice level beyond the permissible level has never been raised at any time. The petitioner is prepared to comply with the noise level fixed under the rules. As long as music system and amplifiers are permitted the Motor Vehicles Department has no jurisdiction to direct removal of the same. Thus, there is no violation of any of the rules by the petitioner and in the inspection report none of the rules is stated to be

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violated. The petitioner undertakes before this Hon'ble Court that he will not violate any one of the rules as are permitted in law.” (underline supplied)

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2.8. On 07.09.2018, two compact discs containing the

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video and photographs of the inspection conducted by the inspection team on 14.08.2018 were placed on record, along with the memo filed by the learned Senior Government Pleader.

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Heard arguments of the learned Senior Counsel for the petitioners, the learned Senior Government Pleader appearing for respondents 1 to 6 and also the learned counsel for the additional 7^th respondent Association.

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3.1. The learned Senior Counsel for the petitioners would

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contend that audio-visual sound system fitted in the petitioners' vehicles do not cause any hindrance to the traffic on public road. The buses are air conditioned and therefore, soundproof. Except the passengers using the vehicle, other road users are not likely to hear the sound emanating from the audio-visual sound system installed in the said vehicles. The prohibition under Rule 289 of the Kerala Motor Vehicles Rules, 1989 applies to public service vehicles other than contract carriages. As the petitioners' vehicles

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are contract carriages, there is no prohibition in the installation of audio-visual sound system for the convenience of the passengers hiring such vehicles. The learned Senior Counsel would also contend that some of the provisions quoted in Exts.P1 to P3 notices, i.e., Rules 107 and 110 of the Central Motor Vehicles Rules, 1898 have no application to the petitioners' vehicles. Therefore, the action of respondents 5 and 6 in issuing Exts.P1 to P3 notices has resulted in violation of the fundamental right guaranteed to the petitioners under Articles 19 and 21 of the Constitution of India.

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3.2. The learned Senior Counsel would point out that, as stated in the reply affidavit filed on 05.09.2018 to the inspection report produced along with the memo filed by the learned Senior Government Pleader, the petitioners are not desirous of continuing with any LED lights fitted in any part of the body of their vehicles, which are found objectionable. However, such lights are required to illuminate the passenger compartment of their vehicles for the benefit of the passengers. It cannot be said to be impermissible under any of the provisions of the Motor Vehicles Act, 1988. The learned Senior Counsel would also point

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out that, as long as there is no law prohibiting installation of music system, there can only be control of noise, to which the petitioners are prepared. The audio systems installed in the petitioners' vehicles are not likely to cause any nuisance to anybody or distract the attention of the driver. Noise level beyond the permissible level has never been raised at any time and the petitioners are prepared to comply with the noise level fixed under the Rules. As long as audio systems are legally permitted in a contract carriage, the officials in the Motor Vehicles Department have no jurisdiction to require the petitioners to remove the same from their vehicles.

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3.3. Per contra, after referring to the counter affidavits filed by the 5^th and 6^th respondents and also the report of the inspection team produced along with the memo dated 21.08.2018, the learned Senior Government Pleader would contend that, in the conference held on 18.07.2018, the 2^nd respondent Transport Commissioner has given strict directions to the Regional Transport Officers and the Joint Regional Transport Officers to take steps to remove unauthorised fittings in contract carriages. Pursuant to the said directions, the 3^rd respondent

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Regional Transport Officer has directed the Joint Regional Transport Officers under his jurisdiction to take appropriate steps for preventing the operation of contract carriages with unauthorised audio-visual sound systems, lights and other alterations. Accordingly, the inspection team including the 5^th respondent Assistant Motor Vehicle Inspector, Kothamangalam conducted inspection on 25.07.2018 and issued Exts.P2 and P3 notices in respect of the contract carriages owned by petitioners 2 and 3. Similarly, the additional 6^th respondent Assistant Motor Vehicle Inspector, Tripunithura issued Ext.P1 notice in respect of the contract carriage of the 1^st petitioner.

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3.4. The learned Senior Government Pleader would point out that, about 75 vehicles were intercepted at different places on 25.07.2018 and notices and check reports were issued. Exts.P1 to P3 are notices in printed format for conducting inspection of all categories of vehicles. On production of the vehicle, inspection will be conducted and thereafter, check reports will be issued for violation of provisions of the Motor Vehicles Act and the rules made thereunder.

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3.5. The learned Senior Government Pleader, after

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referring to the report of the inspection team and also Exts.R5(a) and R6(a) photographs of the petitioners' contract carriages, would point out that the vehicles are fitted with unauthorised multi-coloured lights and LED strips all over the body, causing distraction to other drivers and also to road users. In addition to this, stickers are affixed in the front, rear and side glasses, causing obstruction to the view of the driver, as evident from Exts.R5(a) and R6(a) photographs, and also the video and photographs of the inspection conducted on 14.08.2018, which are placed on record in two compact discs produced along with the memo dated 07.09.2018. The entire body of the vehicles is having paintings with human figures. The passenger compartment is fitted with multi-coloured LED/laser lights and high-power audio systems, as evident from Ext.R6(a)(3) photograph, the photographs produced along with the inspection report, and also the video and photographs of the inspection conducted on 14.08.2018, which are placed on record in two compact discs.

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3.6. The learned Senior Government Pleader would also

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point out that, high power audio systems, which require AC

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power supply (Alternative Current) are installed in the vehicles, with the support of inverters, extra batteries and even generators. Motor vehicles are having DC power supply (Direct Current) of maximum 12 volts. Mixing up of AC and DC power supply, violating safety standards, poses potential fire hazard to the passengers. The passenger compartment of the vehicles is fitted with continuously blinking multi-coloured LED/laser lights, in order to convert it as a dancing floor for the passengers. Such vehicles will certainly cause distraction to other drivers and also to road users. As per the mandate of clause (10) of Regulation 5 of the Driving Regulations, 2017 the driver shall ensure that loud music is not played in the vehicle. The use of high-power audio system with multiple power amplifiers, speakers and sub-woofers is legally impermissible in a motor vehicle, in view of the above provisions and also the provisions under Noise Pollution (Regulation and Control) Rules, 2000. Even if the vehicle is airconditioned, the sound produced by such high-power audio systems with rating of several thousand watts of Peak Music Power Output will not only impair the hearing of the driver, but also cause distraction to other drivers and also the road users.

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3.7. The learned Senior Government Pleader would point

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out further that the contract carriages with high-power audiovisual systems, multi coloured LED/laser lights, etc. are usually hired by school/college students for the purpose of excursions and study tours. The sound produced by such high-power audio systems and also the continuously blinking multi-coloured LED/laser lights in the passenger compartment pose potential health hazard to the passengers. The learned Senior Government Pleader would submit that the violation of the statutory provisions under the MV Act and the rules made thereunder, and also the provisions relating to regulation and control of noise pollution is apparent from the photographs and the video clippings of the inspection conducted on 14.08.2018, which are placed on record along with the memo dated 07.09.2018. In the case of contract carriage bearing registration No.KL-17/N-7374 owned by the 3^rd petitioner, an additional engine is fitted on the left side of the body, in a separate compartment, for the air conditioning system, without providing space for adequate cooling. In the inspection report, it is pointed out that, this may result in overheating.

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3.8. The learned Senior Government Pleader would submit

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that, based on the materials collected in the said inspection, the petitioners will be issued with individual notices requiring them to produce their vehicles for inspection after removing the unauthorised fittings and fixtures, and after maintaining the vehicles in conformity with the provisions of the MV Act and the rules made thereunder. Thereafter, the concerned Registering Authority shall conduct inspection of the respective vehicles and take a decision on the further course of action.

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3.9. Having considered the arguments of the learned counsel on both sides, perusing the pleadings and materials on record, including the report of the inspection team produced along with the memo dated 21.08.2018, and also the video and photographs of the inspection conducted on 14.08.2018, which are placed on record in two compact discs produced along with the memo dated 07.09.2018, I deem it apposite to refer to the relevant provisions under the MV Act and the rules made thereunder, before examining the matter with reference to the rival contentions.

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The Motor Vehicles Act, 1988 (for brevity, 'the MV

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Act') was enacted by the Parliament to consolidate and amend the law relating to motor vehicles, namely, the Motor Vehicles Act, 1939 to take into account, inter alia, the need for encouraging adoption of higher technology in automotive sector; laying down standards for the components and parts of motor vehicles; concern for road safety standards and pollution control measures, standards for transportation of hazardous and explosive materials; etc.

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4.1. Clause (7) of Section 2 of the MV Act define the term 'contract carriage' to mean a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum on a time basis, whether or not with reference to any route or distance; or from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes a maxicab; and a motorcab

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notwithstanding the separate fares charged for its passengers.

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4.2. Section 39 of the MV Act deals with necessity for registration and Section 56 deals with certificate of fitness of transport vehicles. As per sub-section (1) of Section 56, subject to the provisions of Section 59 (which deals with power to fix age limit of motor vehicles) and Section 60 (which deals with registration of vehicles belonging to the Central Government), a transport vehicle shall not be deemed to be validly registered for the purposes of Section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of the MV Act and the rules made thereunder.

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4.3. As per sub-section (3) of Section 56 of the MV Act, subject to the provisions of sub-section (4), the certificate of fitness shall remain effective for such period as may be prescribed by the Central Government, having regard to the objects of the MV Act. As per sub-section (4), the prescribed

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authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to

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which it relates no longer complies with all the requirements of the MV Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained. Going by the proviso to sub-rule (4), no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification, on the basis of the report of an officer having such qualifications.

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4.4. Section 73 of MV Act deals with application for contract carriage permit and Section 74 deals with grant of contract carriage permit. Sub-section (2) of Section 74 deals with the conditions that may be attached to a contract carriage permit granted by the Regional Transport Authority. Section 84 of the Act deals with the general conditions attached to all permits. Clause (a) of Section 84 provides that the vehicle to which the

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permit relates carries valid certificate of fitness issued under Section 56 and is at all times so maintained as to comply with the requirements of MV Act and the rules made thereunder. Clause (g) of Section 84 provides further that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicles centered as high as practicable, below the window line in bold letters.

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4.5. Section 86 of the MV Act deals with cancellation and suspension of permits. As per sub-section (1) of Section 86, the transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit for any of the reasons enumerated in clauses (a) to (f) of sub-section (1). Under clause (a) of sub-section (1) of Section 86, the transport authority may cancel the permit or suspend it for such period as it thinks fit, on the breach of any condition specified in Section 84 or of any condition contained in the permit; and under clause (b) of sub-section (1), if the holder of the permit uses or causes or

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allows a vehicle to be used in any manner not authorised by the permit.

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4.6. Section 95 of the MV Act deals with the power of State Government to make rules as to stage carriages and contract carriages. As per sub-section (1) of Section 95, a State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles. As per sub-section (2) of Section 95, without prejudice to the generality of the provisions under sub-section (1), such rules may deal with the matters enumerated in clauses (a) to (i) of sub-section (2). Section 96 deals with the power of State Government to make rules for the purpose of Chapter V of the MV Act, which deals with control of transport vehicles. As per sub-section (1) of Section 96, a State Government may make rules for the purpose of carrying into effect the provisions of Chapter V of the MV Act. As per sub-section (2) of Section 96, without prejudice to the generality of the power under sub-rule (1), rules under this Section may be made with respect to all or any of the matters enumerated in clauses (i) to (xxxiii) of subsection (2). Under clause (xviii) of sub-section (2), a State

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Government may make rules for regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails.

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4.7. Chapter VII of the MV Act deals with construction, equipment and maintenance of motor vehicles. Section 109 of the Act deals with general provision regarding construction and maintenance of vehicles and Section 110 deals with power of Central Government to make rules. As per sub-section (1) of Section 110, the Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the matters enumerated in clauses (a) to (p) of sub-section (1). As per clause (d) of subsection (1), the Central Government may make rules in respect to the use of safety glasses including prohibition of the use of tinted safety glasses; as per clause (e), rules in respect to signalling appliances, lamps and reflectors; and as per clause (o), rules in respect to the placement of audio-visual or radio or tape

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recorder type of devices in public vehicles. Section 111 deals with power of State Government to make rules. As per sub-section (1) of Section 111, a State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of Section 110. Clause (g) of subsection (2) of Section 111, which empowered the State Government to make rules with respect to the placement of audio-visual or radio or tape recorder type of devices in the vehicle, was omitted by the Motor Vehicles (Amendment) Act, 1994. Section 190 of the MV Act deals with using vehicle in unsafe condition. As per sub-section (2) of Section 192, any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees.

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5. The Central Motor Vehicles Rules, 1989 (for

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brevity, 'the CMV Rules') made by the Central Government, in

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exercise of its rule making power under the relevant provisions of the MV Act was published, vide notification dated 02.06.1989. Rules 47 of the CMV Rules deals with application for registration of motor vehicles and Rule 48 deals with issue of certificate of registration. As per Rule 48, on receipt of an application under Rule 47 and after verification of the documents furnished therewith, the registering authority shall, subject to the provisions of Section 44 of the MV Act, issue to the owner of the motor vehicle a certificate of registration in Form 23 or Form 23A (in electronic medium as smart card), as may be specified in the notification issued by the concerned State Government or Union Territory Administration within the period of thirty days from the receipt of such an application. The 'detailed description' of the vehicle in the certificate of registration issued in Form 23 includes 'colour or colours of body, wings and front end' (Sl.No.15). Similarly, 'vehicle details' in the certificate of registration issued in electronic medium in Form 23A includes 'colour' of the vehicle (Sl.No.6.2).

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5.1. Rule 50 of the CMV Rules deals with form and manner of display of registration marks on motor vehicles. Clauses (i) to

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(vi) of sub-rule (1) of Rule 50 deals with the specifications of the security license plate, which shall be displayed both at the front and at the rear of all motor vehicles clearly and legibly. Clause

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(vi) of sub-rule (1) specifies the size of the plate for different categories of vehicles. Sub-rules (2) to (4) of Rule 50 of the CMV Rules read thus;

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“ 50. Form and manner of display of registration marks on the motor vehicles.- (1) On or after commencement of this rule, the registration mark referred to in sub-section (6) of Section 41 shall be displayed both at the front and at the rear of all motor vehicles clearly and legibly in the form of security licence plate of the following specifications, namely:-

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xxx xxx xxx

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(2) In the case of motor cycles the registration mark in the front shall be displayed parallel to the handle bar or on any part of the vehicle including mudguard facing the front instead of, on a plate in line with the axis of the vehicle: Provided that-

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(a) the registration mark exhibited at the rear of a transport vehicle shall be affixed to the vehicle on the right hand side at a distance not exceeding one metre from the ground as may be reasonably possible having regard to the type of the body of the vehicle;

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(b) the registration mark shall also be painted on the right and left side on the body of the vehicle in the case of a transport vehicle;

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(c) the registration mark shall also be painted and exhibited on the partition provided between the driver and the passengers, facing the passengers’ seats or, where there is no such partition, on the front interior of the vehicle near the roof to the left side of the driver’s seat facing the passengers’ seats in the case of a stage carriage or a contract carriage and in the case of a motor cab or a taxi cab it shall be sufficient if the registration mark is painted on the dash-board;

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(d) the letters of the registration mark shall be in English and the figures shall be in Arabic numerals and shall be shown-

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(A) in the case of transport vehicles in black colour on yellow background; and

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(B) in other cases, in black colour on white background, the registration mark on the trailer shall be exhibited on the left hand side in black colour on yellow background. In addition, the registration mark on the drawing vehicle shall be exhibited on the trailer also and this shall be done on the right hand side at the rear of the trailer or the last trailer as the case may be, in black colour on retro-reflective type yellow background:

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Provided that where provisions of this clause have not been complied with in respect of motor vehicle, on or before the commencement of the Central Motor Vehicles (8^th Amendment) Rules, 2001, then the provisions shall be complied with,—

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(i) in respect of transport vehicle, on or before 1^st February, 2002; and

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(ii) in other cases, on or before 1st July, 2002. (3) The registration mark shall be exhibited in two lines, the State code and registering authority code forming the first line and the rest forming the second line, one below the other:

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Provided that the registration mark in the front may be exhibited in one line in case, in 200mm x 100mm size plate, there is no sufficient space to exhibit the registration mark in one line, the alpha numeric of the registration mark shall be displayed as under:

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(i) where the total number of alpha numeric characters in the registration mark is even, then, equal number of alpha numeric characters in each line; and

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(ii) where the total number of alpha numeric characters in the registration mark is odd, then any extra alpha numeric character shall be exhibited on the second line,

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and all dimensions shall be maintained as per Rule 51 without disturbing security features in the plate.

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Provided further that in models of vehicles having no sufficient provision at the rear to exhibit the registration

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mark in two lines, it shall be sufficient if in such vehicles registration mark is exhibited in a single line:

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Provided further that registration mark on a light motor vehicle may be in the centre with illumination.

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(4) Every motor vehicle, except motor cab and motor car, manufactured on and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, shall be provided with sufficient space in the rear for display of registration mark in two lines.

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xxx xxx xxx”

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5.2. Rule 51 of the CMV Rules deals with size of letters and

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numerals of the registration mark. As per Rule 51, the dimension

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of letters and figures of the registration mark and the space between different letters and numerals and letters and edge of the plain surface shall be as enumerated in the table thereunder. As per the said table, the dimension of letters and figures of the registration mark and the space between different letters and numerals and letters and edge of the plain surface in the case of motor vehicles other than motor cycles, three-wheelers, power

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tillers, trailers and combine harvester are as follows;

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“Height:65mm; Thickness:10mm; Space between:10mm”

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5.3. Rule 62 of the CMV Rules deals with validity of

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certificate of fitness. As per sub-rule (1) of Rules 62, a certificate

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of fitness in respect of a transport vehicle granted under Section 56 shall be in Form 38 and such certificate when granted or renewed shall be valid for the period specified in clauses (a) to (d) of sub-rule (1). As per clause (a) of sub-rule (1), the certificate of fitness in respect of a new transport vehicle shall be valid for two years. As per the proviso to sub-rule (1) of Rule 62, the renewal of a fitness certificate shall be made only after the inspecting authority or authorised testing station as referred to in sub-section (1) of Section 56 of the MV Act has carried the tests specified in the Table given in Rule 62. Rule 62 contemplates checking the condition of spark plug/suppressor cap/high tension cable, head lamp beams, other lights, reflectors, bulbs, rear view mirror, safety glass, horn, silencer, dash board equipment, windshield wiper, exhaust emission, braking system, speedometer and steering gear. Rule 62 provides for checking the functioning of all the aforesaid items except the reflectors, bulbs, rear view mirror, safety glasses and exhaust emission. It provides for checking the make/rating, etc. of spark plug/suppressor cap/high tension cable, bulbs and safety glass as per original equipment recommendations. As per the remarks column of the

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Table, beam focus of head lamp beams has to be checked as per Annexure VII. In case of authorised testing station using headlight tester, the testing procedure and requirement shall be as per AIS-128:2014. While checking other lights it has to be ensured that unauthorised lights are not fitted; while checking reflectors it has to be ensured that the colour of reflectors and reflective tapes are as per Rule 104; while checking bulbs it has to be ensured that head light bulbs wattage, especially halogen, is not higher than those indicated in IS 1606-1993 and also that halogen bulbs with P45t caps are not used in all vehicles; while checking safety glasses it has to be ensured that laminated windscreen glass is used for vehicles manufactured from April, 1996 onwards; etc. The certificate of fitness of a transport vehicle issued in Form No.38 contains a certification by the inspecting authority or the authorised testing station that the vehicle complies with the provisions of the MV Act and the rules made thereunder.

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5.4. Chapter V of the CMV Rules deals with construction, equipment and maintenance of motor vehicles. As per sub-rule (1) of Rule 92, n o person shall use or cause or allow to be used

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in any public place any motor vehicle which does not comply with

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the provisions of Chapter V. As per the proviso to sub-rule (1), nothing contained in Rue 92 shall apply to vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993. As per sub-rule (2), nothing in Rule 92 shall apply to a motor vehicle enumerated in clauses (a) to (c).

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5.5. Rule 100 of the CMV Rules deals with safety glass. As

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per sub-rule (1) of Rule 100, the glass of windscreens and the windows of every motor vehicle other than agricultural tractors shall be of safety glass. Sub-rule (2) of Rule 100 mandates that the glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side windows are such and shall be maintained in such condition that the visual transmission of light is not less than 50%, and shall conform to Indian Standards IS: 2553 – Part 2 – 1992. Rule 100 reads thus;

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“ 100. Safety glass.- (1) The glass of windscreens and the windows of every motor vehicle other than agricultural

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tractors shall be of safety glass:

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Provided that in the case of three-wheelers and vehicles with hood and side covers, the windows may be of acrylic or plastic transparent sheet.

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Explanation.- For the purpose of this rule, -

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(i) “safety glass” means glass conforming to the specifications of the Bureau of Indian Standards or any International Standards and so manufactured or treated that if fractured, it does not fly or break into fragments capable of causing severe cuts;

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(ii) any windscreen or window at the front of the vehicle, the inner surface of which is at an angle more than thirty degrees to the longitudinal axis of the vehicle shall be deemed to face to the front.

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(2) The glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side windows are such and shall be maintained in such condition that the visual transmission of light is not less than 50%, and shall conform to Indian Standards IS: 2553 – Part 2 – 1992;

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(3) The glass of the front windscreen of every motor vehicle other than two wheelers and agricultural tractors manufactured after three years from the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993 shall be made of laminated safety glass:

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Provided that on and from three months after the commencement of the Central Motor Vehicles

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(Amendment) Rules, 1999, the glass of the front windscreen of every motor vehicle other than two-wheelers and agricultural tractors shall be made of laminated safety glass conforming to the Indian Standards IS: 2553 - Part 2 – 1992.

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Explanation.- For the purpose of these sub-rules “laminated safety glass” shall mean two or more pieces of glass held together by an intervening layer or layers of plastic materials. The laminated safety glass will crack and break under sufficient impact, but the pieces of the glass tend to adhere to the plastic material and do not fly, and if a hole is produced, the edges would be less jagged than they would be in the case of an ordinary glass.

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(3-A) The glass of the front windscreen of a construction equipment vehicle manufactured after 3 years from the date of commencement of the Central Motor Vehicles (6^th Amendment) Rules, 2000 shall be made of laminated safety glass.

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(4) Notwithstanding anything contained in this rule if the Central Government is of the opinion that it is necessary and expedient to do so in public interest, it may, by order published in the Official Gazette, exempt any motor vehicle including construction equipment vehicle for use by any person, from the provisions of this rule.”

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5.6. Rule 102 of the CMV Rules deals with signalling devices, direction indicator and stop lights. As per sub-rule (1) of

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Rule 102, the signal to turn to the right or to the left shall be

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given by electrically operated direction indicator lamps on all motor vehicles including construction equipment vehicles and combined harvester, and such construction equipment vehicles and combined harvester be fitted and maintained so that conditions enumerated in clauses (i) to (iii) of sub-rule (1) are met.

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5.7. Rule 104 of the CMV Rules deals with fitment of reflectors. As per sub-rule (1) of Rule 104, every motor vehicle manufactured on and after the 1^st day of April, 2016, including trailers and semi-trailers, other than three wheelers and motorcycles shall be fitted with two red reflectors, one each on both sides at rear. Every motorcycle shall be fitted with at least one red reflector at the rear. Clauses (i) to (iv) of the proviso to sub-rule (1) deal with fitment of reflectors in respect of vehicle of Categories N-1, N-2, N-3, M-2, and M-3.

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5.8. Rule 105 of the CMV Rules deals with lamps. As per sub-rule (1) of Rule 105, save as provided in Rule 105, every motor vehicle, while being driven in public place, during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the lamps enumerated in clauses

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(a) to (d) of sub-rule (1), which shall render clearly discernible persons and vehicles on the road at a distance of one hundred

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and fifty five meters ahead. Rule 105 of the CMV Rules reads

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thus;

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“ 105. Lamps.- (1) Save as hereinafter provided, every motor vehicle, while being driven in a public place, during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the following lamps which shall render clearly discernible persons and vehicles on the road at a distance of one hundred and fifty five metres ahead:—

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(a) in the case of motor vehicle other than threewheelers, three-wheeled invalid carriages and motorcycles, two or four head lamps;

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(b) in the case of three-wheelers and three-wheeled invalid carriages one or two head lamps;

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(bb) every two wheeler manufactured on and after 1^st April, 2017 shall have one or two head lamps, conforming to the applicable standards in force for performance and installation requirements as notified by the Central Government from time to time vide according to sub-rule (1) of Rule 124 which shall automatically switch on when the engine is running;

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Provided that, the above condition of the head lamp

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being lit when the engine is running is deemed to be

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satisfied if daytime running lamp is provided, conforming to the applicable standards in force for performance and installation requirements as notified by the Central Government from time to time, which shall be automatically lit if the engine is running:

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Provided further that the daytime running lamp shall be lit off automatically if the engine is running and the head lamp is switched on;

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(d) in the case of construction equipment vehicle, two or four lamps showing to the front white light visible from a distance of one hundred and fifty five metres ahead.

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(2) Every such motor vehicle other than a three-wheeler shall also carry—

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(i) two lamps (hereinafter referred to as the rear lamp) showing to the rear a red light visible in the rear from a distance of one hundred and fifty-five metres; and in the case of a motor cycle one lamp showing a red light to the rear visible from a distance of seventy five metres; and

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(ii) lamp, which may be the rear lamp or some other device, illuminating with a white light the whole of the registration mark exhibited on the rear of the vehicle including construction equipment vehicle, and on the side in the case of construction equipment vehicle and combine harvester so as to render it

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legible from a distance of fifteen metres to the rear: Provided that when a motor vehicle is drawing another vehicle or vehicles and the distance between such vehicles does not exceed 1.5 metres, it shall be sufficient if the last drawn vehicle carries a rear lamp or a lamp illuminating the rear registration mark:

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Provided further that every construction equipment vehicle shall also carry two lamps showing to the rear red lights visible in the rear from a distance of one hundred and fifty five metres.

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(3) On and from the commencement of the Central Motor Vehicles (Amendment) Rules, 1993, all the obligatory front head lamps of a motor vehicle other than motor cycles shall be as nearly as possible of the same power and fixed at a height as specified in Indian Standards IS: 8415— 1977 (clause 4.1):

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Provided that in the case of four-wheel drive cross country vehicles, the maximum height of the said front head lamps may be as per limits specified in Indian Standards IS: 8415—1977 (clause 4.1.1):

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Provided further that on and from the commencement of the Central Motor Vehicles (Amendment) Rules, 1993, all vehicles other than threewheelers of engine capacity less than 500 CC, motor cycles and three-wheeled invalid carriages manufactured shall be fitted with two rear lamps showing red light to the rear. (3-A) On and from the commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000, all the

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obligatory front head lamps of a construction equipment vehicle shall be as nearly as possible of the same power and fixed at a height so that front visibility is maintained and farthermost point of equipment/attachment is clearly seen by on-coming traffic.

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(3-B) All the obligatory front head lamps of a combine harvester shall be as nearly as possible of the same power and and fixed at a height so that the front visibility is maintained and farthermost point of equipment or attachment is clearly seen by oncoming traffic.

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(4) The rear lamp shall be fixed either on the centre line of the vehicle or to the right hand side, and save in the case of a transport vehicle, at a height of not exceeding one metre above the ground:

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(5) In the case of a transport vehicle, the rear light may be fixed at such level as may be necessary to illuminate the registration mark.

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(6) Every heavy goods carriage including trailers shall be fitted with a red indicator lamp of size of thirty centimetres by ten centimetres on the extreme rear most body cross beam and in the case of a vehicle not constructed with body in the rear, the indicator lamp shall be fitted near the right rear light above the rear number plate:

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Provided that every construction equipment vehicle of an unconventional or extraordinary type in travel mode shall be fitted or installed with a red indicator lamp of size of not less than 100 square centimetres on the extreme rearmost point of the body.

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(7) On and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1999, every motor vehicle manufactured shall be fitted with at least one lamp which shall automatically be operated, throwing a white light to the rear, when the vehicle is being driven in the reverse gear.

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(8) In the case of vehicles, other than three-wheelers of engine capacity not exceeding 500 CC, which are attached with trailers, all the lamps required to be fitted on the rear of the vehicle shall be fitted at the rear of the trailer.

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(8-A) On the commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000, every construction equipment vehicle shall be fitted with two lamps at the rear throwing light to the rear when the vehicle is being driven in the reverse gear and there shall also be an audible warning system operating when the vehicle is being driven in the reverse gear, the audible warning system and the light being automatically operated when the vehicle is in reverse gear.

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(8-B) Every combine harvester shall be fitted with two lamps at the rear throwing light to the rear when the vehicle is being driven in the reverse gear and there shall also be an audible warning system operating when the vehicle is being driven in the reverse gear so that the audible warning system and the light are automatically operated when the vehicle is in reverse gear.”

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5.9. Rule 106 of the CMV Rules provides for deflection

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lights. Sub-rule (1) of Rule 106 provides that, no head lamp

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showing a light to the front shall be used on any motor vehicle including agricultural tractor and construction equipment vehicle and combine harvester (whether fitted with single or dual head lamp) unless such vehicle is so constructed, fitted and maintained that the beam of light emitted therefrom meet the requirements of the respective safety standards notified under Rules 124 and 124A. Rule 107 of the CMV Rules deals with top lights. As per Rule 107, e very goods vehicle including trailer and semi-trailer other than three-wheelers and vehicles with overall width not exceeding 2.1 metres shall be fitted with two white lights at the top right and left corners showing white light to the front and two red lights at the top right and left corners showing red light to the rear. The lights shall remain lit when the vehicle is kept stationary on the road during night and at the time of poor visibility. As per the proviso to sub-rule (1), in the case of goods carriage without a full body in the rear, provision for fitting of the top light at the rear shall not be necessary.

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5.10.Rule 108 of the CMV Rules deals with use of red, white

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or blue light. Rule 108 reads thus;

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“ 108. Use of red, white or blue light.- (1) No motor

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vehicle shall show a red light to the front or light other than red to rear:

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Provided that the provisions of this rule shall not apply to—

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(i) the internal lighting of the vehicle; or

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(ii) the amber light, if displayed by any direction indicator or as top light used on vehicle for operating within the premises such as airports, ports, mines and project sites, without going outside the said premises on to public roads;

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(iii) omitted

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(iv) the blinker type of red light with purple glass fitted to an ambulance van used for carrying patients or the warning lamps fitted on Road Ambulance in accordance with Annexure I of AIS - 125 (Part-1) – 2014;

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(v) omitted

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(vi) white light illuminating the rear number plate;

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(vii) white light used while reversing;

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(viii) plough light provided in agricultural tractors for illuminating the implement's working area on the ground in agricultural field operations.

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(2) omitted

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(3) omitted

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(4) Use of multi-coloured red, blue and white light shall be permitted only on vehicles specifically designated for such emergency and disaster management duties as may be specified by the Central Government.

W.P.(C)No.25876/2018

(5) omitted

(6) On and after the 1^st April, 2018, the top lights (warning lamps) fitted on Road Ambulances shall be in accordance with AIS:125 (Part 1) – 2014, as amended from time to time, for all types of ambulances specified therein, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986).”

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5.11.Rule 109 of the CMV Rules deals with parking lights.

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As per Rule 109, every construction equipment vehicle, combine harvester and every motor vehicle other than motor cycles and three-wheeled invalid carriages shall be provided with one white or amber parking light on each side in the front. In addition to

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the front lights, two red parking lights one on each side in the rear shall be provided. The front and rear parking lights shall remain lit even when the vehicle is kept stationary on the road. As per the first proviso to Rule 109, these rear lamps can be the same as the rear lamps referred to in sub-rule (2) of Rule 105.

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As per the second proviso to Rule 109, construction equipment vehicle, which are installed with flood light lamps or spot lights at

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the front, rear or side of the vehicle for their off-highway or construction operations, shall have separate control for such lamps or lights and these shall be permanently switched off when

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the vehicle is traveling on the road. Rule 111 of the CMV Rules, which deals with prohibition of spot lights, etc., provides that no spot light or search light shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of the registering authority.

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5.12.Rule 120 of the CMV Rules deals with silencers. As per sub-rule (1) of Rule 120, every motor vehicle including agricultural tractor and combine harvester shall be fitted with a device (referred to as a silencer) which by means of an expansion chamber or otherwise reduces as far as practicable, the noise that would otherwise be made by the escape of exhaust gases from the engine. Sub-rule (2) of Rule 120, which deals with noise standards, provides that every motor vehicle shall be constructed and maintained so as to conform to noise standards specified in Part E of Schedule VI to the Environment (Protection) Rules, 1986, when tested as per IS:3028-1998, as amended from time to time.

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5.13.Rule 121 of the CMV Rules deals with painting of motor vehicles. As per sub-rule (1) of Rule 121, no motor vehicle including agricultural tractor, construction equipment vehicle and

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combined harvester shall be painted in olive green colour except those belonging to the Defence Department. As per sub-rule (2) of Rule 121, no contract carriage other than a tourist vehicle covered by permit under sub-section (9) of Section 88 shall be painted in the manner specified in sub-rule (11) of Rule 128. As per sub-rule (3) of Rule 121, no goods carriage other than a goods carriage covered by National Permit shall be painted in the manner specified in sub-rule (1) of Rule 90.

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5.14.Rule 124 of the CMV Rules deals with safety standards of components. As per sub-rule (1) of Rule 124, the Central Government may, from time to time, specify, by notification in the Official Gazette, the standards or the relevant standards specified by the Bureau of Indian Standards of any part, component or assembly to be used in the manufacture of a vehicle including construction equipment vehicle and the date from which such parts, components or assemblies are to be used in the manufacture of such vehicle and on publication of such notification every manufacturer shall use only such of these parts, components or assemblies in manufacture of the vehicle. As per sub-rule (2) of Rule 124, every manufacturer shall get the

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prototype of the part, component or sub-assembly for which standards have been notified, approved from any agency as referred to in Rule 126 and in the case of tyre and rubber components from the Indian Rubber Manufacturers Research Association, Thane, or in the case of compliance with notified Indian Standards from laboratory duly authorised by the Bureau of Indian Standards. On the basis of such approval, every manufacturer shall also certify compliance with the provisions of this rule in Form 22. As per sub-rule (4) of Rule 124, the procedure for type approval and establishing conformity of production for components listed in the Table to sub-rule (4), shall be in accordance with AIS: 037 - 2004 till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986.

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5.15.Rule 125B of the CMV Rules, deals with special requirement of transport vehicles that are driven on hills. As per sub-rule (1) of Rule 125B, on and from the 1^st day of October 2006, such four wheeled transport vehicles as may be notified by the State Governments in the Official Gazette plying on such routes or areas on hilly terrains shall be fitted with fog lamp,

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power steering, defrosting and demisting system and that, the State Government would provide a lead time of six months for this purpose.

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5.16.Rule 125C of the CMV Rules deals with body building and approval. As per sub-rule (1) of Rule 125C, on and after the 1^st day of October, 2014, the testing and approval for body building of new models of buses with seating capacity of 13 or more passengers excluding driver shall be in accordance with AIS: 052 (Rev.-1) 2008 as amended from time to time, for vehicles mentioned therein, till corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. As per the first proviso to sub-rule (1), the provisions of this rule shall be implemented in two phases. In first phase, the provisions of AIS: 052 (Rev.-1) 2008 excluding the parameters and requirements given in Table-1 below the first proviso shall be applicable on and after 1^st day of January, 2017. In second phase, the provisions of AIS: 052 (Rev.-1) 2008, as amended from time to time, and the parameters and requirements given in Table-1 below the first proviso shall be applicable on and after the 1^st day of January, 2018. Sub-rule (2) of Rule 125C deals

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with school buses; sub-rule (3) deals with goods vehicles of Category N2 and of Category N3; sub-rule (4) deals with sleeper coaches; and sub-rule (5) deals with double decker buses.

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5.17.Clause (43) of Section 2 of the MV Act define the term

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'tourist vehicle' to mean a contract carriage, constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf. Tourist permits are granted under sub-section (9) of Section 88 of the MV Act, read with Rule 82 of the CMV Rules, by the State Transport Authority. Rule 85 of the CMV Rules deals with additional conditions of tourist permit. As per sub-rule (7) of Rule 85, tourist vehicle shall be painted in white colour with a blue ribbon of five centimetres width at the centre of the exterior of the body and the word 'Tourist' shall be inserted on two sides of the vehicle within a circle of sixty centimetres diameter. Rule 128 of the CMV Rules deals with special provisions for tourist vehicles other than motor cabs, etc. Sub-rule (11) of Rule 128 of the CMV Rules, which deals with painting and finishing, provides that the tourist vehicle shall be painted in a manner referred to in subrules (7) and (8) of Rule 85 in white colour with a blue ribbon of

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five centimetres width at the centre of the exterior of the body. Sub-rule (12) of Rule 128 deals with lighting. As per clause (i) of sub-rule (12), the passenger compartment shall be adequately illuminated; arrangement shall be provided to eliminate reflection of the light from the passenger compartment on the windscreen; and in addition to the lights in passenger compartment, at least two night-lights with coloured domes, shall be provided in the passenger compartment. As per clause (iii) of sub-rule (12), one independently operated light fitting shall be provided for illumination of the driver’s or attendant’s seat area. Sub-rule (13) of Rule 128 of the CMV Rules deals with fittings and accessories. As per clause (xviii) of sub-rule (13), a tourist vehicle shall be equipped with public address system with at least four speakers suitably located in the passenger compartment.

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The Kerala Motor Vehicles Rules, 1989 (for

¶307

brevity, 'the KMV Rules') made by the State Government, in exercise of its rule making power under the relevant provisions of the MV Act was published vide notification dated 25.07.1989. Rule 93 of the KMV Rules deals with the particulars to be painted on transport vehicles. As per Rule 93, save in the case of a motor

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cab or any motor vehicle belonging to the State or Central Government, the following particulars in respect of every transport vehicle shall be exhibited on the left hand side of the vehicle in English letters and numerals, each not less than two and a half centimetres square legibly painted either on a plane surface of the vehicle or a plate or plates affixed to it: (a) the name and address in brief of the registered owner; (b) the unladen weight of the vehicle; (c) the number, nature and size of the tyres attached to each wheel; (d) the gross vehicle weight of the vehicle and the registered axle weight pertaining to the several axles thereof; (e) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided; (f) the name of the insurer with whom the vehicle is insured; and (g) the date of expiry of the permit and the date of expiry of the certificate of fitness.

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6.1. Rule 105 of the KMV Rules deals with certificate of

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fitness. As per sub-rule (3) of Rule 105, which deals with standard of inspection, before the issue or renewal of a certificate of fitness, the inspecting authority or the registering authority

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shall conduct a thorough inspection of all parts of the vehicle with particular reference to matters if any specified by the Central Government, to ensure that they are in sound and satisfactory condition, and the vehicle in general complies with the requirements of the Act and the rules made thereunder. As per the proviso to sub-rule (3), when minor defects are found on such inspection, the inspecting authority or registering authority may instead of refusing a certificate of fitness defer the issue or renewal of the certificate, until the defects are satisfactorily rectified. Rule 109 of the KMV Rules deals with cancellation of certificate of fitness. As per sub-rule (1) of Rule 109, the registering authority or any Inspector of Motor Vehicles may cancel the certificate of fitness of a transport vehicle under subsection (4) of Section 56 of the Act if in his opinion the vehicle does not comply with the provisions of the Act or the rules made thereunder.

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6.2. Rule 191 of the KMV Rules deals with prohibition of advertisement or writing on vehicles. Rule 191 reads thus;

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“ 191. Prohibition of advertisement or writing on vehicles.- (1) No advertising device, figure or writing shall

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be exhibited on any transport vehicle, save as may be specified by the State or Regional Transport Authority by general or specific order and on payment of fee of Rs.20/per 100 centimetre square for an advertisement in writing and Rs.40/- per 100 centimetre square for an electronic advertisement for a period of one year or part thereof for each vehicle:

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Provided that in respect of vehicles of the State Transport Undertaking the Government may allow such advertisements subject to the conditions that they may lay down from time to time in this regard.

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Provided further that if the advertisement is exhibited for 6 months or a period below 6 months, half of the fee prescribed as per Rule 191(1) shall be remitted.

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(2) The matter of each advertisement intended to be exhibited on the vehicle shall be approved by the State or Regional Transport Authority.

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(3) After the period for which permission is sanctioned for exhibiting advertisement on vehicle, order issued for exhibiting advertisement shall be surrendered before the State Transport Authority or Regional Transport Authority concerned.

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(4) If the matter of advertisement exhibited on the vehicle is changed before the period for which sanction is accorded to exhibit the advertisement, fees prescribed as per sub-rule (1) shall be paid for the new advertisement. Explanation.- For the purpose of this rule, electronic advertisement means an advertisement exhibited on a

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rolling screen, digital screen or electronic screen or advertisement exhibited on vehicles using any other devices which is not a part of the body of the vehicle.”

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6.3. Rule 192 of the KMV Rules deals with prohibition of

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painting or marking in certain manner. As per sub-rule (1) of Rule 192, no public service vehicle shall be painted in the pattern adopted by the vehicles of the Kerala State Road Transport Corporation with the combination of colours specified in clauses (i) to (iii) or with a colour which is the same as the colour with which vehicles regularly used for carrying Government mail by or under a contract with Indian Posts and Telegraphs Department are painted. As per sub-rule (2), a vehicle carrying Government mail may be painted with a specified colour and exhibited in a conspicuous place upon a plate or plain surface on the vehicle the word 'Mail' in red colour on a white ground, each letter being not less than fifteen centimetres in height and of a uniform thickness of two centimetres. As per sub-rule (3), save in the case of a vehicle used for carrying Government mails, no motor vehicle shall be marked with any sign or inscription which includes the word 'Mail'.

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6.4. Chapter VII of the KMV Rules deals with construction, equipment and maintenance of motor vehicles. As per sub-rule (1) of Rule 249, no person shall use and no person shall cause or allow to be used or to be in any public place any motor vehicle which does not comply with the rules contained in Chapter VII or with any order thereunder made by the competent authority. Rule 259 of the KMV Rules, which deals with painting, provides that no motor vehicle other than a motor vehicle registered under sub-section (1) of Section 60 of the Act, shall be painted in olive green colour, navy blue colour in disruptive and camouflage pattern and bear markings like B.A.Nos., formation signs and tactical numbers. As per Rule 261, the body of every transport vehicle shall be soundly constructed and securely fastened to the frame of the vehicle and in accordance with the specifications, if any, laid down by the State or Regional Transport Authority. Rule 264 of the KMV Rules deals with paintwork or varnish. As per Rule 264, t he paintwork or varnish of every transport vehicle shall be maintained in a clean and sound condition and in accordance with the specifications, if any, laid down by the State or Regional Transport Authority.

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6.5. Rule 257 of the KMV Rules, which deals with electric wires, provides that a ll electric wires or leads shall be adequately insulated. As per the proviso to Rule 257, the electric wires in buses that are registered on or after 1st day of October, 2017 shall be in accordance with AIS: 052 (Rev.1) – 2008 as amended from time to time. Rule 278 of the KMV Rules provides that, every vehicle shall be so constructed that save for the front pillars of the body, the driver shall have a clear vision both to the front and through an angle of ninety degrees to his right or lefthand side, as the case may be. The front pillars of the body shall be so constructed as to cause the least possible obstruction to the vision of the driver.

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6.6. Part III of Chapter VII of the KMV Rules deals with special rules applicable to every public service vehicle other than an autorickshaw. Rule 286 of the KMV Rules, which deals with internal lighting, provides that every vehicle shall be furnished with one or more electric lights adequate to give reasonable illumination throughout the passenger compartment or compartments but of such power or so screened as not to impair the forward vision of the driver. Rule 289, which deals with

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prohibition of audio-visual or radio or tape recorder type of devices, provides that no public service vehicle other than a contract carriage shall be installed with any audio-visual devices. Rule 359 of the KMV Rules deals with horns. As per sub-rule (1) of Rule 359, no driver of a motor vehicle shall sound the horn or other device for giving audible warning with which the motor vehicle is equipped, or shall cause or allow any other person to do so to an extent beyond that which is reasonably necessary to ensure safety.

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6.7. Rule 360 of the KMV Rules deals with restriction regarding use of lamps. As per sub-rule (1) of Rule 360, the driver of a motor vehicle shall at all times when the lights of the motor vehicle are in use so manipulate them that danger or undue inconvenience is not caused to any person by dazzling. Sub-rule (2) of Rule 360 provides that, save when left within twenty-three metres of the nearest lighted lamp or the side of a public road having a system of lighting by electric lamps no person shall keep stationary any motor vehicle without exhibiting the parking lights thereon within the hours during which lights are otherwise required under these rules. As per sub-rule (3) of

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Rule 360, no person shall drive any motor vehicle in any public road lighted by a system of electric lamps in the cities of Trivandrum, Cochin and Calicut or in any Municipal town without dimming or dipping the head lamps of the vehicle. Rule 361 of the KMV Rules deals with restriction on illuminated advertisements. As per Rule 361, no illuminated advertisements shall be carried or displayed on any motor vehicle.

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7. The Motor Vehicles (Driving) Regulations, 2017

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(for brevity, 'the MV (Driving) Regulations, 2017') made by the Central Government, in exercise of the power conferred by Section 118 of the MV Act, and in supersession of the Rules of the Road Regulations, 1989, was notified vide G.S.R.634(E) dated 23.06.2017. Regulation 3, which deals with duty towards other road users and general public, provides that no vehicle shall be driven, stopped or parked on a road or in a public place in such a manner as is likely to endanger the safety of or cause inconvenience to other road users. Regulation 5 deals with duties of drivers and riders. As per clause (3) of Regulation 5, the driver shall at all times maintain a good lookout and concentrate on the road and traffic and avoid any activity which distract or is likely

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to distract his attention. As per clause (5) of Regulation 5, the driver shall ensure that his vehicle, while moving or when stationary, does not cause any hindrance or undue inconvenience to other road users or to the occupants of any properties. As per clause (6), the driver shall ensure that his view is not obstructed and his hearing is not impaired by passengers, animals, load, equipment in the vehicle or by the conditions of the vehicle. Clause (10) mandates that the driver shall ensure that loud music is not played in the vehicle. Clause (11) provides further that the driver shall not watch digital motion pictures or videos while driving, except were required for route navigation.

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7.1. Regulation 26 of the MV (Driving) Regulations, 2017, which deals with bar on traffic impairment, provides that unless validly permitted by the competent authority under the Act or the rules made thereunder, no driver shall (i) offer goods or services of any kind on the road; or (ii) display any advertisement on the vehicle. Regulation 31 deals with vehicles lighting. As per subregulation (1) of Regulation 31, the driver shall use the specified lighting devices at nightfall and at dawn and at other times when visibility is poor. As per sub-regulation (2) of Regulation 31, the

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lighting devices of a vehicle shall at all times be kept in good working condition and no lighting device shall be obscured by any object or dirt. As per sub-regulation (5), the driver shall switch on the fog light headlamps only when visibility is considerably affected due to fog, dust, storm, rain or snow and only with dipped head lamps.

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7.2. Regulation 36 of the MV (Driving) Regulations, 2017 deals with registration plates. As per sub-regulation (1) of Regulation 36, no vehicle shall be driven or parked on a public road without displaying registration plates as prescribed by the Act and the rules made thereunder. Sub-regulation (2) of Regulation 36 provides that the registration plates on the front and at the rear of the vehicle shall be clearly visible and legible and no object whatsoever or dirt shall obstruct clear view of the entire registration place. Sub-regulation (3) provides further that no letter, word, figure, picture or symbol other than the registration number shall be displayed or inscribed or written on the registration plates. As per Sub-regulation (4), no load or other goods shall be placed on a motor vehicle in such manner as to fully or partly hide the registration plate.

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Fitness Certificate:- The provisions under the MV

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Act, the CMV Rules and the KMV Rules referred to hereinbefore would make it explicitly clear that, a transport vehicle shall not be deemed to be validly registered for the purpose of Section 39 of the MV Act, unless it carries a certificate of fitness under Section 56 of said Act, read with sub-rule (1) of Rule 62 of the CMV Rules. The fitness certificate issued in Form 38 contains a certification by the inspecting authority or the authorised testing station that the vehicle complies with the provisions of the MV Act and the rules made thereunder. Sub-rule (1) of Rule 62 mandates that renewal of fitness certificate of a transport vehicle shall be made only after the inspecting authority or the authorised testing station has carried the tests specified in the Table given in Rule 62, for checking the condition/functioning of various parts/fittings as per the relevant specifications, in order to ensure that the vehicle complies with the provisions of the MV Act and the rules made thereunder. Sub-section (4) of Section 56 of the MV Act provides for cancellation of a certificate of fitness, at any time, if the prescribed authority, for reasons to be recorded in writing, is satisfied that the vehicle to which it relates

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no longer complies with all the requirements of the MV Act and the rules made thereunder. Therefore, at any time after the

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issuance of a fitness certificate, if the prescribed authority, for reasons to be recorded in writing, is satisfied that the transport vehicle to which it relates no longer complies with all the requirements of the MV Act and the rules made thereunder, the fitness certificate is liable to be cancelled, as per the procedure contemplated under sub-section (4) of Section 56 of the MV Act. In case of violation of the standards prescribed in relation to road safety, control of noise and air-pollution, any person who drives or causes or allows to be driven, such vehicle in a public place, shall also be proceeded against as per the provisions under subsection (2) of Section 190 of the MV Act.

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Lights:- Rule 102 of the CMV Rules deals with signalling devices, direction indicators and stop lights. As per sub-rule (1) of Rule 102, the signal to turn to the right or to the left shall be given by electrically operated direction indicator lamps fitted and maintained so that, the conditions enumerated in clauses (i) to (iii) of sub-rule (1) are met. Rule 104 deals with fitment of reflectors. As per sub-rule (1) of Rule 104, the motor

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vehicles specified in the said sub-rule, manufactured on or after the 1^st day of April, 2006 shall be fitted with two reflectors, one each at the rear. Rule 105 of the CMV Rule deals with lamps. As per sub-rule (1) of Rule 105, save as provided in the said rule, every motor vehicle, while being driven in public place during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the lamps enumerated in clauses (a) to (d) of sub-rule (1), which shall render clearly discernible persons and vehicles on the road at a distance of one hundred and fifty five metres ahead. As per clause (a) of sub-rule (1) of Rule 105, a motor vehicle other than three-wheelers, threewheeled invalid carriages and motorcycles shall have two or four head lamps. As per clause (i) of sub-rule (2), every motor vehicle other than a three-wheeler shall carry two rear lamps showing to the rear a red light visible in the rear from a distance of one hundred and fifty five metres; and as per clause (ii) lamp, which may be the rear lamp or some other device, illuminating with a white light the whole of the registration mark exhibited on the rear of the vehicle, so as to render it legible from a distance of fifteen metres to the rear. Sub-rule (3) of Rule 105 specifies the

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power and height of front head lamps of a motor vehicle. As per sub-rule (4), the rear lamp shall be fixed either on the centre line of the vehicle or to the right hand side, and save in the case of transport vehicle, at a height of not exceeding one metre above the ground. As per sub-rule (5), in the case of a transport vehicle, the rear light may be fixed at such level as may be necessary to illuminate the registration mark. Rule 106 of the CMV Rules deals with deflection of lights and Rule 107 deals with top lights for every goods vehicle including trailer and semi- trailer other than three-wheelers and vehicles with overall width not exceeding 2.1 metres.

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9.1. Rule 108 of the CMV Rules prohibit use of red, white or blue light. As per sub-rule (1) of Rule 108, no motor vehicle shall show a red light to the front or light other than red to the rear. As per the proviso to sub-rule (1), the provisions of the said sub-rule shall not apply to the internal lighting of the vehicle; or the amber light displayed by direction indicator or top light used on vehicle for operating within the premises such as airports, ports, mines and project sites; the blinker type of red light with purple glass fitted to an ambulance van used for carrying

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patients or the warning lamps fitted on Road Ambulance in accordance with Annexure I of AIS-125 (Part-1)-2014; white light illuminating the rear number plate; white light used while reversing; etc. As per sub-rule (4) of rule 108, use of multi- coloured red, blue and white light shall be permitted only on vehicles specifically designated for such emergency and disaster management duties as may be specified by the Central Government. As per sub-rule (6), on and after the 1^st April, 2018, the top lights (warning lamps) fitted on Road Ambulances shall be in accordance with AIS-125 (Part 1)-2014, as amended from time to time, for all types of ambulances specified therein, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. Rule 109 of the CMV Rules deals with parking lights with one white or amber parking light on each side in the front and two parking lights one on each side in the rear. Rule 111 deals with prohibition of spot lights or search lights on the front of any vehicle except in exceptional circumstances with the prior approval of the registering authority.

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9.2. In pursuance of powers conferred under sub-rule (4) of Rule 108 of the CMV Rules, the Central Government, vide

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Notification No.1374(E) dated 01.05.2017 specified that the vehicles on office duty which are designated for the following emergency and disaster management duties may be allowed to use multi-coloured red, blue and white light on its top, namely, (a) the duties relating to control of fire; (b) the duties by police, defence forces or paramilitary forces for maintenance of law and order; (c) the duties relating to management of natural disasters including earthquake, flood, land slide, cyclone, tsunami and man made disasters including nuclear disaster, chemical disaster and biological disaster. As per the said notification, t he multi-coloured light shall not be put to use when the vehicle is not on the designated duty. Every year, the Transport Department of the State or Union Territory Administration, as the case may be, shall issue a public notice bringing to the notice of the general public the list of authorities to whom the permission to use the vehicles specified in clauses (a) and (b) has been granted and such vehicles shall display on its windscreen the sticker issued by such Transport Department, which shall be in the format prescribed in the notification dated 01.05.2017. As per the said notification, only one sticker shall be issued to the designated officer for one

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vehicle at one point of time.

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9.3. The provisions under Rule 102 to Rule 111 of the CMV Rules make it explicitly clear that a motor vehicle shall be fitted with only the signalling devices, reflectors and lamps as specified thereunder. The number, position, colour and specifications of the lamps, direction indicators and reflectors are dealt with in detail in the said provisions. As per the mandate of the aforesaid provisions of the CMV Rules, the lamps, direction indicators and reflectors fitted on a motor vehicle has to be maintained as specified thereunder, failing which it cannot be said that such vehicle complies with the provisions of the MV Act and the rules made thereunder.

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9.4. In view of Notification No.1374(E) dated 01.05.2017 issued by the Central Government, use of multi-coloured red, blue and white light on the top of the vehicle is restricted to vehicles on office duty, which are designated for the emergency and disaster management duties specified in that notification, i.e., duties relating to control of fire; maintenance of law and order; and disaster management. Further, the multi-coloured light shall not be put to use when the vehicle is not on the

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designated duty.

9.5. In Avishek Goenka v. Union of India [(2012) 5 SCC 321] , after referring to the provisions under Rules 100, 104, 104A, 106, 119 and 120 of the CMV Rules, the Apex Court held that the CMV Rules deal with every minute detail of construction and maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the court to read into these statutory provisions, what is not specifically provided for. The Apex Court held further that, these provisions demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road. Paragraphs 18 to 21 of the said decision read thus;

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“18. From the above provisions, it is clear that the Rules

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deal with every minute detail of construction and maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the Court to read into these statutory provisions, what is not specifically provided for. These are the specifications which are in consonance with the prescribed IS No. 2553 - Part 2 of 1992 and nothing is ambiguous or uncertain.

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Let us take a few examples. Rule 104 requires that every motor vehicle, other than three wheelers and motor cycles shall be fitted with two red reflectors, one each on both sides at their rear. Every motor cycle shall be fitted with at least one red reflector at the rear. Rule 104A provides that two white reflectors in the front of the vehicle on each side and visible to oncoming vehicles from the front at night.

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Rule 106 deals with deflections of lights and requires that no lamp showing a light to the front shall be used on any motor vehicle including construction equipment vehicle unless such lamp is so constructed, fitted and maintained that the beam of light emitted therefrom is permanently deflected downwards to such an extent that it is not capable of dazzling any person whose eye position is at a

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distance of 8 metres from the front of lamp etc. Rule 119 and Rule 120 specify the kind, size and manner in which the horn and silencer are to be fixed in a vehicle.

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These provisions demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road.”

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9.6. In view of the law laid down by the Apex Court in

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Avishek Goenka's case (supra) every motor vehicle, including transport vehicles shall be fitted with the lights which are specifically provided for in the CMV Rules and what has not been specifically stated in the said Rules would obviously be deemed to have been excluded from that Rules. Therefore, no motor vehicle,

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including a transport vehicle, can be fitted with lights which are not specifically provided for in the CMV Rules.

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9.7. The certificate of fitness of a transport vehicle issued

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in Form No.38 contains a certification that the vehicle complies with the provisions of the MV Act and the rules made thereunder. As per the proviso to sub-rule (1) of Rule 62, the renewal of a fitness certificate shall be made only after carrying out the tests specified in the Table given in Rule 62. Rule 62 contemplates

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checking the condition of spark plug/suppressor cap/high tension cable, head lamp beams, other lights, reflectors, bulbs, rear view mirror, safety glass, horn, silencer, dash board equipment, windshield wiper, exhaust emission, braking system, speedometer and steering gear; functioning of all the aforesaid items except the reflectors, bulbs, rear view mirror, safety glasses and exhaust emission; the make/rating, etc. of spark plug/suppressor cap/high tension cable, bulbs and safety glass as per original equipment recommendations. While checking other lights it has to be ensured that unauthorised lights are not fitted; while checking reflectors it has to be ensured that the colour of reflectors and reflective tapes are as per Rule 104; while checking bulbs it has to be ensured that head light bulbs wattage, especially halogen, is not higher than those indicated in IS 1606-1993 and also that halogen bulbs with P45t caps are not used in all vehicles; while checking safety glasses it has to be ensured that laminated windscreen glass is used for vehicles manufactured from April, 1996 onwards; etc. Therefore, a transport vehicle fitted with unauthorised lights, cannot be treated as a vehicle which complies with the provisions of the MV

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Act and the rules made thereunder, for the purpose of grant of

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certificate of fitness.

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9.8. In the instant case, Exts.R5(a), R5(b), R5(c) and R6(a) photographs, the photographs produced along with the report of the inspection team, and also the video and photographs of the inspection conducted on 14.08.2018 produced in two compact discs would show that the petitioners' contract carriages are fitted with unauthorised multi-coloured lights and LED strips all over the body, causing distraction to other drivers and also to road users. As per the report of the inspection team, contract carriage bearing registration No.KL44/D-7473 is fitted with large number of unauthorised LED lights, flexible LED lights on wheel arches, top and bottom of the windows throughout the length of the vehicle, etc. A wiring kit installed without any sleeving or insulation is noticed at the lower end of the body. Contract carriage bearing registration No.KL17/N-7374 is fitted with similar unauthorised LED lights, flexible LED lights (except around windows) and wiring kit without any sleeving or insulation. Contract carriage bearing registration No.KL-45/R-959 is fitted with multi-coloured LED lights inside the

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windscreen glass and front grill and the entire rear side of the vehicle is lit up. Evidence of removal of unauthorised LED lights, wiring, etc. was noticed by the inspection team, in all the three contract carriages.

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9.9. As evident from Exts.R5(a) R5(b) and R6(a) photographs, in addition to four head lamps, two halogen driving lamps and two fog lamps are fitted on the front of contract carriages bearing Nos.KL-17/N-7374 and KL-45/R-959. Contract carriage bearing registration No.KL-44/D-7473 is having six head lamps (See: video VID20180814142745), as against the statutory requirement of four head lamps. Rule 111 of the CMV Rules prohibit spot lights or search lights on the front of any vehicle except in exceptional circumstances with the prior approval of the registering authority. As per Rule 125B of the CMV Rules, which deals with special requirement of transport vehicles that are driven on hills, such four wheeled transport vehicles as may be notified by the State Governments in the Official Gazette plying on such routes or areas on hilly terrains shall be fitted with fog lamp.

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9.10.Use of flexible LED Lights, multi-colour LED lights,

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halogen driving lamps, etc. on motor vehicles, which are not specifically provided for in the CMV Rules, is legally impermissible, in view of the law laid down by the Apex Court in Avishek Goenka's case (supra) . Moreover, use of such unauthorised lights on motor vehicles will violate the provisions under sub-rule (1) of Rule 360 of the KMV Rules, which mandates that the driver of a motor vehicle shall at all times when the lights of the motor vehicle are in use so manipulate them that danger or undue inconvenience is not caused to any person by dazzling. The petitioners' contract carriages, which are fitted with such unauthorised flexible LED Lights, multi-colour LED lights, halogen driving lamps, etc. cannot be treated as vehicles which comply with the provisions of the MV Act and the rules made thereunder, for the purpose of grant of certificate of fitness. Therefore, in order to use the vehicles as contract carriages, the petitioners will have to remove such unauthorised flexible LED Lights, multi-colour LED lights, halogen driving lamps, etc. and maintain the lamps, direction indicators and reflectors fitted on their vehicles as specified in Rules 102, 104, 105, 107, 109, etc. of the CMV Rules, read with sub-rule (1) of Rule 360 of the KMV

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Rules.

Internal lighting:- The passenger compartment of

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the petitioners' contract carriages are fitted with continuously blinking multi-coloured LED/laser lights, in order to convert it as a dancing floor for the passengers. This is evident from the photographs produced along with the report of the inspection team, and also the video and photographs of the inspection conducted on 14.08.2018 produced in two compact discs. According to the petitioners, such lights are required to illuminate the passenger compartment of their vehicles for the benefit of the passengers, which cannot be said to be impermissible under any of the provisions of the MV Act.

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10.1.As per sub-rule (1) of Rule 108 of the CMV Rules, no motor vehicle shall show a red light to the front or light other than red to rear. Going by clause (i) of the proviso to sub-rule (1), the provisions under this rule shall not apply to the internal lighting of the vehicle. Rule 128 of the CMV Rules deals with special provisions for tourist vehicles, which are granted tourist permits under sub-section (9) of Section 88 of the MV Act, read with Rule 82 of the CMV Rules, by the State Transport Authority.

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Sub-rule (12) of Rule 128 deals with lighting of tourist vehicles. As per clause (i) of sub-rule (12), the passenger compartment of a tourist vehicle shall be adequately illuminated; arrangement shall be provided to eliminate reflection of the light from the passenger compartment on the windscreen; and in addition to the lights in passenger compartment, at least two night-lights with coloured domes, shall be provided in the passenger compartment. As per clause (iii) of sub-rule (12), one independently operated light fitting shall be provided for illumination of the driver’s or attendant’s seat area.

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10.2.Clause (35) of Section 2 of the MV Act define 'public service vehicle' to mean any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage. Part III of Chapter VII of the KMV Rules deals with special rules applicable to every public service vehicle other than an autorickshaw. Rule 286 of the KMV Rules, which deals with internal lighting, provides that every vehicle shall be furnished with one or more electric lights adequate to give reasonable illumination throughout the passenger compartment or

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compartments but of such power or so screened as not to impair the forward vision of the driver.

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10.3.The internal lighting in a contract carriage, which is a public service vehicle, is for the purpose of providing reasonable illumination throughout the passenger compartment. As provided

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under Rule 286 of the KMV Rules, the passenger compartment of a public service vehicle shall be furnished with electric lights adequate to give reasonable illumination throughout the passenger compartment. Therefore, the passenger compartment of a contract carriage cannot be fitted with continuously blinking multi-coloured LED lights, laser lights, etc., in order to convert it as a dancing floor.

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10.4.As evident from the photographs produced along with the report of the inspection team, and also the video and photographs of the inspection conducted on 14.08.2018 produced in two compact discs, the passenger compartments of the petitioners' contract carriages are fitted with continuously blinking multi-coloured LED lights, laser lights, etc., which is not legally permissible in view of the statutory provision referred to hereinbefore. As per the report of the inspection team, the

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passenger compartment of contract carriages bearing registration Nos.KL-44/D-7473 and KL-45/R-959 are fitted with DJ (Disc Jockey) rotating LED lights, continuously blinking multi-coloured LED lights, laser lights, etc., and the passenger compartment of contract carriage bearing registration No.KL-17/N-7374 is fitted with continuously blinking multi-coloured LED lights, laser lights, etc. (See: video VID20180814143538; VID201808 14143451; etc.)

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10.5.Plying vehicles fitted with DJ rotating LED lights, continuously blinking multi-coloured LED lights, laser lights, etc. for internal lighting will certainly cause distraction to other drivers and also to road users. Moreover, the continuously blinking multi-coloured LED lights, laser lights, etc. used for internal lighting in the passenger compartment pose a potential health hazard to the passengers. As per the provisions under Rule 286 of the KMV Rules, electric lights adequate to give reasonable illumination throughout the passenger compartment alone can be provided in the passenger compartment of a public service vehicle. The petitioners' contract carriages, which are fitted with DJ rotating LED lights, continuously blinking multi-

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coloured LED lights, laser lights, etc. for internal lighting cannot be treated as vehicles which comply with the provisions of the MV Act and the rules made thereunder, for the purpose of grant of certificate of fitness. Therefore, in order to use the vehicles as contract carriages, the petitioners will have to remove such DJ rotating LED lights, continuously blinking multi-coloured LED lights, laser lights, etc. used for internal lighting and maintain electric lights adequate to give reasonable illumination throughout the passenger compartment, as specified under Rule 286 of the KMV Rules.

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Audio-visual devices:- As per clause (o) of sub-

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section (1) of Section 110 of the MV Act, the Central Government may make rules with respect to the placement of audio-visual or radio or tape recorder type of devices in public vehicles. Clause (g) of sub-section (2) of Section 111, which empowered the State Government to make rules with respect to the placement of audio-visual or radio or tape recorder type of devices in the vehicle, was omitted by the Motor Vehicles (Amendment) Act, 1994. Rule 289 of the KMV Rules made by the State Government, in exercise of its power under clause (g) of sub-

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section (2) of Section 111 (prior to its omission), provides that no public service vehicle other than a contract carriage shall be installed with any audio-visual devices. In George v. State of Kerala [2005 (2) KLT 717] , a decision relied on by the learned Senior Counsel for the petitioners, this Court held that Rule 289 of the KMV Rules framed by the State Government, in exercise of its power under clause (g) of sub-section (2) of Section 111 of the MV Act, continues to be in force until repealed or replaced by new rules framed by the Central Government.

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11.1.As per Regulation 3 of the MV (Driving) Regulations, 2017 made by the Central Government, in exercise of the power conferred by Section 118 of the MV Act, which deals with duty towards other road users and general public, no vehicle shall be driven, stopped or parked on a road or in a public place in such a manner as is likely to endanger the safety of or cause inconvenience to other road users. Regulation 5 deals with duties of drivers and riders. As per clause (3) of Regulation 5, the driver shall at all times maintain a good lookout and concentrate on the road and traffic and avoid any activity which distract or is likely to distract his attention. As per clause (6), the driver shall ensure

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that his view is not obstructed and his hearing is not impaired by passengers, animals, load, equipment in the vehicle or by the conditions of the vehicle. Clause (10) of Regulation 5 mandates that the driver shall ensure that loud music is not played in the vehicle.

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11.2.As per clause (43) of Section 2 of the MV Act, 'tourist vehicle' is a contract carriage, constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf. Tourist permits are granted under sub-section (9) of Section 88 of the MV Act, read with Rule 82 of the CMV Rules, by the State Transport Authority. Rule 85 of the CMV Rules deals with additional conditions of tourist permit. As per sub-rule (7) of Rule 85, the tourist vehicle shall be painted in white colour with a blue ribbon of five centimetres width at the centre of the exterior of the body and the word 'Tourist' shall be inserted on two sides of the vehicle within a circle of sixty centimetres diameter. Rule 128 of the CMV Rules deals with special provisions for tourist vehicles other than motor cabs, etc. Sub-rule (13) of Rule 128 of the CMV Rules deals with fittings and accessories. As per clause (xviii) of sub-rule (13), a tourist

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vehicle shall be equipped with public address system with at least four speakers suitably located in the passenger compartment.

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11.3.As per sub-rule (1) of Rule 125C of the CMV Rules, on

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and after the dates specified in the said rule, the testing and approval for body building of new models of buses with seating capacity of 13 or more passengers excluding driver shall be in accordance with AIS: 052 (Rev.-1) 2008 as amended from time to time, for vehicles mentioned therein, till corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. As per the said specifications, all Type I, Type II and Type III public service buses shall be provided with Audio/Visual or Audio-Visual Information System permitting driver or recorded or digitized human speech/visual messages, to inform passengers inside the bus regarding emergency escape provisions, destination, bus stops etc., in order to enhance passenger safety. [Para.2.2.25.1 of AIS: 052 (Rev.-1): 2008 (Amalgamating amendments 1 to 8) published in May, 2017]

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11.4.Neither the provisions of Rule 289 of the KMV Rules

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nor the provisions under AIS: 052 (Rev.-1): 2008 enable installation of high-power audio system with multiple power

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amplifiers, speakers and sub-woofers in a contract carriage. Loud music from such high-power audio systems will certainly endanger the safety of other road users and will cause inconvenience to them; will distract the attention of the attention of the driver of the vehicle and impair his hearing; thereby violating the provisions under Regulations 3 and also clauses (3) and (6) of Regulation 5 of the MV (Driving) Regulations, 2017. Loud music from such high-power audio systems will also violate the provisions of clause (10) of Regulation 5, which provides that the driver shall ensure that loud music is not played in the vehicle.

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11.5.The passenger compartments of the petitioners' contract carriages are fitted with high-power audio systems, as evident from Ext.R6(a)(3) photograph, the photographs produced along with the inspection report, and also the video and photographs of the inspection conducted on 14.08.2018, which are placed on record in two compact discs. As per the report of the inspection team, contract carriage bearing registration No.KL44/D-7473 is fitted with an audio system comprising of an amplified audio player, five booster amplifiers, ten

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speakers/woofers, two heavy box sub-woofers having 1350 watts Peak Music Power Output; contract carriage bearing registration No.KL-17/N-7374 is fitted with an audio system comprising of an amplified audio player, six booster amplifiers, an equalizer, ten speakers/woofers, two heavy box sub-woofers having 1350 watts Peak Music Power Output; and contract carriage bearing registration No.KL-45/R-959 is fitted with an audio system comprising of an amplified audio player, four booster amplifiers, an equalizer cum amplifier, twelve speakers/woofers, etc. The high-power audio systems fitted in the petitioners' contract carriages produce loud sound, which is evident from the video clippings. (See: video VID20180814144838; VID2018081414 4818; VID20180814145251, VID20180814143321; etc.) The audio player, booster amplifiers, equalizer, etc. are installed in the driver's compartment, without eliminating reflection of light from the control panel of the equipment on the windscreen of the vehicle.

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11.6.Installation of high-power audio system with multiple booster/power amplifiers, speakers and sub-woofers cannot be permitted in a motor vehicle, since the loud sound produced by

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such audio systems with rating of several thousand watts of Peak Music Power Output will not only impair the hearing of the driver and the passengers, but also cause distraction to other drivers and road users. Therefore, no motor vehicle can be fitted with high-power speakers or sub-woofers with multiple booster/ power amplifiers. Fixing high-power speakers or sub-woofers, with enclosures made of wood or other materials, inside the passenger compartment of a motor vehicle cannot be permitted. Similarly, installation of DJ (Disc Jockey) sound system with DJ mixer, DJ rotating LED lights, laser lights, Karaoke systems, etc. which are typically meant for dance party, cannot be permitted in the passenger compartment of a transport vehicle. The continuously blinking DJ rotating LED lights, multi-coloured LED/ laser lights fitted in the passenger compartment, in order to convert it as a dancing floor for the passengers, will certainly cause distraction to other drivers and also to road users. Moreover, mixing up of AC and DC power supply for such highpower audio systems with DJ mixer, DJ dancing lights, laser lights, etc., violating safety standards, poses a potential fire hazard to the passengers.

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11.7.In Forum, Prevention of Environmental and

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Sound Pollution v. Union of India [(2005) 5 SCC 733] the Apex Court, in the context of noise pollution in public place vis a vis right to life enshrined in Article 21 of the Constitution of India, observed that Indian judicial opinion has been uniform in recognising the right to live in freedom from noise pollution as a fundamental right protected by Article 21 of the Constitution, and noise pollution beyond permissible limits as an inroad into that right. People indulge in making noise beyond tolerable limits and create a health hazard unmindful of consequences which are likely to befall not only others but also themselves who create noise. Not only the use of loudspeakers and playing of hi-fi amplifier systems has to be regulated, even the playing of high sound instruments like drums, tom-toms, trumpets, bugles and the like which create noise beyond tolerable limits need to be regulated. The law enforcing agencies must be equipped with necessary instruments and facilities out of which sound level meters conforming to the Bureau of Indian Standards (BIS) code are a bare necessity.

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11.8.The loud sound produced by such high-power audio

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systems in the passenger compartment of a motor vehicle poses a potential health hazard to the passengers. The use of highpower audio system with multiple booster/power amplifiers, speakers and sub-woofers producing such loud noise is legally impermissible in a motor vehicle, in view of the provisions under the MV (Driving) Regulations, 2017 referred to hereinbefore and also the provisions under Noise Pollution (Regulation and Control) Rules, 2000. Therefore, the petitioners' contract carriages, which are fitted with high-power audio system having multiple booster/power amplifiers, speakers and sub-woofers producing loud noise, and also DJ rotating LED lights, continuously blinking multi-coloured LED lights, laser lights, etc. cannot be treated as vehicles which comply with the provisions of the MV Act and the rules made thereunder, for the purpose of grant of certificate of fitness. Therefore, in order to use the vehicles as contract carriages, the petitioners will have to remove such high-power audio system having multiple booster/power amplifiers, speakers and sub-woofers producing loud noise, and also DJ rotating LED lights, continuously blinking multi-coloured LED lights, laser lights, etc. and maintain an audio system with four or six

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speakers, depending upon the size of the passenger compartment, with sufficient power to distribute reasonable sound throughout the passenger compartment.

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Paintwork:- As per clause (xviii) of sub-section (2) of Section 92 of the MV Act, a State Government may make rules for regulating the painting or marking of transport vehicle and display of advertising matters thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails. In exercise of the rule making power under the said clause, the State Government made Rule 191 of the KMV Rules, which deals with prohibition of advertisement or writing on vehicles; and Rule 264, which deals with paintwork or varnish.

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12.1.Sub-rule (1) of Rule 191 of the KMV Rules provides that no advertising device, figure or writing shall be exhibited on any transport vehicle, save as may be specified by the State or Regional Transport Authority by general or specific order, and on payment of the fee prescribed in sub-section (1), for a period of one year or part thereof for each vehicle. As per Regulation 26 of

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the Driving Regulations, 2017, which deals with bar on traffic impairment, unless validly permitted by the competent authority under the MV Act or the rules made thereunder, no driver shall display any advertisement on the vehicle.

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12.2.In Hindustan Petroleum Corporation Ltd., Kochi v. State of Kerala and others (2016 (3) KHC 693) , in the context of Rule 191 of the KMV Rules, this Court held that the said Rule provides for imposition of fee not only for advertisements, but also for figures or writings. After referring to the provisions under Rule 134 of the CMV Rules, which deals with 'emergency information panel' for goods carriages used for transporting any dangerous or hazardous goods, this Court held that the writings contained in tanker trucks operated by Hindustan Petroleum Corporation Limited by exhibiting its name in large and bold letters, even though has the characteristics of imposing with fee as prescribed under Rule 191 of the KMV Rules, in view of the stipulations and prescriptions contained under Rule 134 of the CMV Rules, are not liable to be imposed with fee for such writings made on the tanker trucks. However, this Court made it clear that, if any inscriptions or writings are

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made on such transport vehicles inviting public attention for the products of the petitioner company, Rule 191 of the KMV Rules will come into play.

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12.3.The contract carriage permits issued to the petitioners are granted under Section 74 of the MV Act. Section 84 of the MV Act deals with general conditions attaching to all permits. As per clause (g) of Section 84, the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permits relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centred as high as practicable below the window line in bold letters. Similarly, the particulars enumerated in clauses (a) to (g) of Rule 93 have to be legibly painted on every transport vehicle, save in the case of a motor cab or any motor vehicle belonging to the State or Central Government, on the left hand side of the vehicle, in English letters and numerals, each not less than two and a half centimetres square. In the case of educational institution bus and private service vehicle, Rule 291 of the KMV Rules provides that t he name of the institution shall be written conspicuously at the

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top of the front and rear ends and on the left side of the body of the vehicle and the writings shall be horizontal.

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12.4.Rule 264 of the KMV Rules, which deals with paintwork or varnish, provides that the paintwork or varnish of every transport vehicle shall be maintained in a clean and sound condition and in accordance with the specifications, if any, laid down by the State or Regional Transport Authority. In exercise of the powers under Rule 264, uniform colour scheme has been implemented for different classes of stage carriages operating throughout the State as City/Town Services, Mofussil/Ordinary Services and Limited Stop/Ordinary Services, vide the decision dated 04.01.2018 of the State Transport Authority. The colour scheme prescribed as per the said decision of the State Transport Authority reads thus;

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City/Town Services	- Lime Green (colour value = #338e31) with three equally spaced white lines below the height of the wheel arch.
Mofussil/Ordinary	- Deep Sky Blue (colour value =
Services	#12bce0) with three equally spaced white lines below the height of the wheel arch.

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Limited Stop Ordinary - Maroon (colour value = Services #871414) with three equally spaced white lines below the height of the wheel arch.

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As per the decision of the State Transport Authority dated

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04.01.2018 a stage carriage shall be in the uniform colour scheme specified therein, with effect from 01.02.2018 and the Secretary of the Regional Transport Authority is directed to ensure the same at the time of producing the vehicle for certificate of fitness or renewal of certificate of fitness. It is also specified that no other graphics, figures or colour schemes other than those permitted under Rule 191 (exhibition of advertisement) of the KMV Rules shall be allowed.

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12.5.As already noticed, the paintwork or varnish of every transport vehicle shall be maintained in a clean and sound condition, which is the mandate of Rule 264 of the KMV Rules. If the State or Regional Transport Authority has laid down any specifications like uniform colour scheme, the paintwork of the transport vehicle shall be in accordance with that specifications. Any figure or writing exhibited on the transport vehicle, other than the name and address of the operator to be painted or

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otherwise firmly affixed as per clause (g) of Section 84 of the MV Act; the 'emergency information panel' provided under Rule 134 of the CMV Rules for goods carriages used for transporting any dangerous or hazardous goods; the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules, painted on the body of the vehicle; the name of the institution exhibited in educational institution bus and private service vehicle as per Rule 291 of the KMV Rules; etc., falls within the scope of Rule 191 of the KMV Rules. Any such figure or writing exhibited on the transport vehicle with an object to invite public attention and to promote the contract or stage carriage service of the operator will attract the provisions of Rule 191 of the KMV Rules.

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12.6.The exhibition of writings and figures on vehicles by its very nature are intended to attract attention, which would cause distraction to the drivers of other vehicles, cyclists and even pedestrians on the public road. Driver distraction is one of the major causes of road accidents, which is a situation where the attention of the driver is diverted to any other forms of activities, which may affect the concentration of driving activity as well as the safety of the passengers and others on public road. Earning

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of revenue by the State by the levy of fee under Rule 191 of the KMV Rules or generation of some additional income by the operator of the transport vehicle should not be at the cost of public safety. Therefore, exhibition of writings or figures with the sole object to invite public attention and to promote the contract or stage carriage service should not be permitted by levying fee under Rule 191 of the KMV Rules.

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12.7.The paintwork of every transport vehicle shall be maintained in a clean and sound condition, as contemplated by Rule 264 of the KMV Rules. While approving the matter intended to be exhibited on the vehicle, in exercise of the powers under sub-rule (2) of Rule 191 of the KMV Rules, the State or the Regional Transport Authority shall ensure that it does not cause distraction to the drivers of other vehicles and also cyclists and pedestrians on public road. No approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. on the body of a transport vehicle, at places intended for exhibiting the name and address of the operator as per clause (g) of Section 84 of the MV Act; the 'emergency information panel' as per Rule 134 of the CMV Rules

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for goods carriages used for transporting any dangerous or hazardous goods; the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules; the name of the institution exhibited in educational institution bus and private service vehicle as per Rule 291 of the KMV Rules; etc. In the case of a stage carriage in respect of which uniform colour scheme has been implemented under Rule 264 of the KMV Rules, vide the decision of the State Transport Authority dated 04.01.2018, no approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc., over the three equally spaced white lines painted below the height of the wheel arch.

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12.8.In the instant case, the entire body of the petitioners' contract carriages is painted with writings, graphics and gigantic human figures, etc. causing distraction to other drivers and also to road users, as evident from Exts.R5(a) and R6(a) photographs, the photographs produced along with the report of the inspection team, and also the video and photographs of the inspection conducted on 14.08.2018, produced in two compact discs. The petitioners' contract carriages with such graphics,

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gigantic human figures, writings, etc. painted on the body (even at places intended for exhibiting the name and address of the operator as per clause (g) of Section 84 of the MV Act; the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules; etc.) cannot be treated as vehicles which comply with the provisions of the MV Act and the rules made thereunder, for the purpose of grant of certificate of fitness. Therefore, in order to use the vehicles as contract carriages, the petitioners will have to remove all such graphics, gigantic human figures, writings, etc., exhibited on their vehicles with an object to invite public attention and to promote their contract carriage services, and maintain the paintwork of their transport vehicles in a clean and sound condition, as contemplated by Rule 264 of the KMV Rules.

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S afety glass:- Rule 100 of the CMV Rules deals with safety glasses. As per sub-rule (2) of Rule 100, the glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side window are such and shall be maintained in such condition that the visual transmission of light is not less than 50% and

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shall conform to the standards specified in sub-rule (2). Rule 278 of the KMV Rules provides that, every vehicle shall be so constructed that save for the front pillars of the body, the driver shall have a clear vision both to the front and through an angle of ninety degrees to his right or left-hand side, as the case may be. The front pillars of the body shall be so constructed as to cause the least possible obstruction to the vision of the driver.

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13.1.In Avishek Goenka v. Union of India [(2012) 5

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SCC 321] the Apex Court prohibited the use of black films of any visual transmission of light percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country. The Apex Court ordered that the Home Secretary, Director General/ Commissioner of Police of the respective States/Centre shall ensure compliance with the direction contained in the judgment, which shall become operative and enforceable with effect from 04.05.2012. Paragraphs 39 and 40 of the said decision reads thus;

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“39. The manufacturer of the vehicle may manufacture the vehicles with tinted glasses which have visual light

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transmission (VLT) of safety glasses windscreen (front and rear) as 70% VLT and side glasses as 40% VLT, respectively. No black film or any other material can be pasted on the windscreens and side glasses of a vehicle. 27. For the reasons aforestated, we prohibit the use of black films of any VLT percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country. The Home Secretary, Director General/Commissioner of Police of the respective States/Centre shall ensure compliance with this direction. The directions contained in this judgment shall become operative and enforceable with effect from 4.5.2012.”

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13.2.In Avishek Goenka's case (supra) the Apex Court

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held further that, t he legislative intent attaching due significance to the 'public safety' is evident from the object and reasons of the MV Act, 1988, the provisions of the said Act and more particularly, the rules framed thereunder. The Apex Court noticed that use of black films certainly helps the criminals to escape from the eyes of the police and aids in the commission of heinous crimes like sexual assault on women, robberies, kidnapping, etc. If these crimes can be reduced by enforcing the prohibition of law, it would further the cause of Rule of Law and Public Interest as well. Paragraph 19 of the said decision reads thus;

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“19. The legislative intent attaching due significance to the 'public safety' is evident from the object and reasons of the Act, the provisions of the Act and more particularly, the Rules framed thereunder. Even if we assume, for the sake of argument, that Rule 100 is capable of any interpretation, then this Court should give it an interpretation which would serve the legislative intent and the object of framing such rules, in preference to one which would frustrate the very purpose of enacting the Rules as well as undermining the public safety and interest. Use of these black films have been proved to be criminal's paradise and a social evil. The petitioner has rightly brought on record the unanimous view of various police authorities right from the States of Calcutta, Tamil Nadu and Delhi to the Ministry of Home Affairs that use of black films on vehicles has jeopardized the security and safety interests of the State and public at large. This certainly helps the criminals to escape from the eyes of the police and aids in commission of heinous crimes like sexual assault on women, robberies, kidnapping, etc. If these crimes can be reduced by enforcing the prohibition of law, it would further the cause of Rule of Law and Public Interest as well.”

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13.3.In Avishek Goenka (2) v. Union of India [(2012)

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8 SCC 441] the Apex Court, while dismissing all applications filed seeking clarification and modification of the judgment in

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Avishek Goenka's case [(2012) 5 SCC 321] reiterated that,

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in terms of Rule 100 of the CMV Rules, no material including films of any visual transmission of light can be pasted on the safety glasses of the car and this law is required to be enforced without

¶531

demur and delay. Paragraph 23 of the said decision reads thus;

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“23. We are really not emphasizing on the security threat to the society at large by use of black films but it is a clear violation of law. Thus, we pass the following orders:

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(1) All the applications filed for clarification and modification are dismissed, however, without any order as to costs.

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(2) All the Director Generals of Police/Commissioners of Police are hereby again directed to ensure complete compliance of the judgment of this Court in its true spirit and substance. They shall not permit pasting of any material, including films of any VLT, on the safety glasses of any vehicle.

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(3) We reiterate that the police authorities shall not only challan the offenders but ensure that the black or any other films or material pasted on the safety glasses are removed forthwith.

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(4) We make it clear at this stage that we would not initiate any proceedings against the Director Generals of Police/Commissioners of Police of the respective States/Union Territories but issue a clear warning that in the event of non-compliance of the judgment of this Court now, and upon it being

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brought to the notice of this Court, the Court shall be compelled to take appropriate action under the provisions of the Contempt of Courts Act, 1971 without any further notice to the said officers. We do express a pious hope that the high responsible officers of the police cadre like Director General/ Commissioner of Police would not permit such a situation to arise and would now ensure compliance of the judgment without default, demur and delay.

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(5) Copies of this judgment be sent to all concerned by the Registry including the Chief Secretaries of the respective States forthwith.”

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13.4.In Avishek Goenka's case (2) , in the applications

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filed by the manufacturers and distributors of 'tinted films', one of the contentions raised was that in the day time when 'tinted films' are pasted upon the safety glasses, still the face and the body of the occupant of the car is visible from outside. In order to substantiate the said fact, certain photographs were placed on record. The Apex Court, while dismissing the interlocutory applications observed that, the case put forward by the applicants is a case of change in law and not one of improper interpretation, which is not the function of the Apex Court, and that, the Court has interpreted Rule 100 of the CMV Rules as it

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100

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exists on the Statute book. Paragraphs 17 to 19 of the said decision read thus;

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“17. The manufacturer and distributors have placed certain material before us, including some photographs and reports of the American Cancer Society, to show that mostly skin cancer is caused by too much exposure to ultra - violet rays. From these photographs, attempt is made to show that in the day time when the films are pasted upon the safety glasses, still the face and the body of the occupant of the car is visible from outside. It is also stated that certain amendments were proposed in the Code of Virginia relating to the use of sun shading and tinting films, on the motor vehicles. Relying upon the material relating to America, it is stated that there are large number of cancer cases in USA and the framers of the law have amended the provisions or are in the process of amending the provisions. This itself shows that it is a case of change in law and not one of improper interpretation, which is not the function of this Court.

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To counter this, the petitioner has filed a detailed reply supported by various documents. This shows that tinted glasses have been banned in a number of countries and it is not permissible to use such glasses on the windows of the vehicle. Annexure-A1 and A3 have been placed on record in relation to New South Wales, Australia, Afghanistan and some other countries. He has also placed on record a complete research article on the cancer

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scenario in India with future perspective which has specifically compared India as a developing country with developed countries like USA and has found that cancer is much less in India despite the fact that most of the Indian population is exposed to ultra-violet rays for the larger part of the day for earning their livelihood for their daily works, business and other activities.

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This controversy arising from the submissions founded on factual matrix does not, in our opinion, call for any determination before this Court. As already noticed, the Court has interpreted Rule 100 as it exists on the Statute book. The environment, atmosphere and geographical conditions of each country are different. The level of tolerance and likelihood of exposure to a disease through sun rays or otherwise are subjective matters incapable of being examined objectively in judicial sense. The Courts are neither required to venture upon such determination nor would it be advisable.” (underline supplied)

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13.5.The provisions under Rule 100 of the CMV Rules,

¶553

which deals with safety glasses, makes it explicitly clear that the glass of the windscreen and rear window of every motor vehicle shall always be maintained in such a condition that the visual transmission of light is not less than 70%. Similarly, the glasses used for side windows of every motor vehicle shall always be maintained in such a condition that the visual transmission of

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light is not less than 50%. The specifications for safety glasses, which the manufacturer of a motor vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under Rule 100 of the CMV Rules.

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13.6.After referring to the aforesaid provisions in the CMV Rules, the Apex Court in Avishek Goenka's case (supra) prohibited the use of black films of any visual transmission of light percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country. In Avishek Goenka's case (2) , the applications filed by the manufacturers and distributors of 'tinted films' seeking clarification and modification of the judgment in

¶558

Avishek Goenka's case (supra) were dismissed, repelling their contention that that in the day time when 'tinted films' are pasted upon the safety glasses, still the face and the body of the occupant of the car is visible from outside.

¶559

13.7.In view of the provisions under Rule 100 of the CMV Rules and the law laid down by the Apex Court in the decisions referred to supra, tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear

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window and side windows of a motor vehicle, either by pasting any material upon the safety glass or by fixing sliding 'cloth curtains', etc. are legally impermissible. No approval under subrule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. on the safety glasses of a transport vehicle, which shall always be maintained in such a condition that the visual transmission of light is not less than that prescribed under sub-rule (2) of Rule 100. Moreover, as per the mandate of Rule 278 of the KMV Rules, every vehicle shall be so constructed that save for the front pillars of the body, the driver shall have a clear vision both to the front and through an angle of ninety degrees to his right or left-hand side, as the case may be, and the front pillars of the body shall be so constructed as to cause the least possible obstruction to the vision of the driver.

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13.8.In the instant case, Exts.R5(a) and R6(a) photographs, the photographs produced along with the report of the inspection team, and also the video and photographs of the inspection conducted on 14.08.2018, produced in two compact discs, would show that there are writings and figures on the

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safety glass fitted on the petitioners' contract carriages. The safety glass of the rear window of the petitioners' contract carriages is covered by gigantic human figures, thereby reducing visual transmission of light to 0% in respect of a considerably large area of the rear window. (See: Ext.R5(a); video VID20180814145841; etc.) The safety glass of the windscreen of the petitioners' contract carriages is covered by figures, writings, etc. The colour photographs produced along with the counter affidavits, the inspection report and also the video and photographs of the inspection conducted on 14.08.2018, produced in two compact discs, would show that the safety glass of the rear window and that of the side windows of the petitioners' contract carriages are covered by sliding 'cloth curtains' and it appears that 'sun control' film, i.e., 'tinted film' is pasted on the safety glass of the rear and side windows.

¶565

13.9.When tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows of a motor vehicle, either by pasting any material upon the safety glass or by fixing sliding 'cloth curtains', etc. are legally impermissible, as per the mandate of

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Rule 100 of the CMV Rules and the law laid down by the Apex Court in the decisions referred to supra, the petitioners' contract carriages with such writings, figures, sliding 'cloth curtains', 'tinted film' (if any), etc. cannot be treated as vehicles which comply with the provisions of the MV Act and the rules made thereunder, for the purpose of grant of certificate of fitness. Therefore, in order to use the vehicles as contract carriages, the petitioners will have to remove all such writings, figures, sliding 'cloth curtains', 'tinted film' (if any), etc. and maintain the safety glass in such a condition that the visual transmission of light is not less than that prescribed under sub-rule (2) of Rule 100 of the CMV Rules, and with a clear vision to the driver, both to the front and through an angle of ninety degrees to his right or lefthand side, as the case may be, as prescribed under Rule 278 of the KMV Rules.

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R egistration mark:- Rule 50 of the CMV Rules, which

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deals with the form and manner of display of registration marks on motor vehicles and clauses (i) to (iv) deals with the specifications of the security license plate, which shall be displayed on both front and rear of the motor vehicles clearly and

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legibly. Clause (vi) of sub-rule (1) of Rule 50 specifies the size of the plates for different categories of vehicles. Sub-rule (2) of Rule 50 deals with the manner in which the registration mark of a motor vehicle has to be displayed. As per clause (a) of sub-rule (2), the registration mark exhibited at the rear of a transport vehicle shall be at the right hand side, at a distance not exceeding one meter from ground. As per clause (b) of sub-rule (2), the registration marks shall also be painted on the right and left side on the body of a vehicle in the case of a transport vehicle. As per sub-rule (3) of Rule 50, registration marks shall be exhibited in two line, the state code and registration code forming the first line and rest forming the second line, one below the other. As per the third proviso to sub-rule (3), the registration mark of the light motor vehicle may be in the center with illumination. Sub-rule (4) of Rule 50 mandates that every motor vehicle except motor cab and motor car, manufactured on and from the date of commencement of the Central Motor Vehicle (Amendment) Rules, 1993 shall be provided with sufficient place in the rear for display of registration mark in two lines. Rule 51 deals with the size of letters and numerals of registration mark,

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which provides for the dimension of letters or figures of the registration mark and the space between different letters and numbers and letters and edge to the plain surface in the case of various motor vehicles.

¶577

14.1.As per the mandate of Rules 50 and 51 of the CMV Rules, every motor vehicle used in any public place shall display registration mark as specified in the aforesaid Rules, at the specified place. In the case of a transport vehicle, the registration mark exhibited on the rear shall be on the right hand side, as mandated by clause (a) of Sub-rule (2); the registration mark shall be painted on the right and left side on the body, as mandated by clause (b) of sub-rule (2); and the registration mark shall be exhibited in two lines, the State code and registering authority code forming the first line and rest forming the second line, one below the other, as mandated by sub-rule (3) of Rule 50.

¶578

14.2.As per sub-regulation (1) of Regulation 36 of the MV (Driving) Regulations, 2017 no vehicle shall be driven or parked on a public road without displaying registration plates as prescribed by the Act and the rules made thereunder. As per sub-

¶579

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regulation (2), the registration plates on the front and at the rear of the vehicle shall be clearly visible and legible and no object whatsoever or dirt shall obstruct clear view of the entire registration place. As per sub-regulation (3), no letter, word, figure, picture or symbol other than the registration number shall be displayed or inscribed or written on the registration plates. As per Sub-regulation (4), no load or other goods shall be placed on a motor vehicle in such manner as to fully or partly hide the registration plate.

¶582

14.3.In the instant case, as can be seen from Exts.R5(a) and R6(a) photographs, the photographs produced along with the report of the inspection team, and also the video and photographs of the inspection conducted on 14.08.2018, produced in two compact discs, the registration mark exhibited on the rear of the petitioners' contract carriages is not on the right hand side. The registration mark is not painted on the right and left side on the body, instead, the number plates are fitted over the figures painted on the body. (See: video VID201808 14145041; VID20180814143010: etc.) As per clause (b) of subrule (2) of Rule 50, the registration mark on the right and left

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side of every transport vehicle has to be painted on the body and the mandate of the said clause cannot be complied with by affixing registration mark on the body using self-adhesive stickers or by affixing number plates. In contract carriage bearing registration No.KL-45/R-959, the registration mark on the front and rear is seen affixed on the body using self-adhesive stickers, instead of exhibiting it in number plates of the specified size. As per sub-regulation (1) of Regulation 36 of the MV (Driving) Regulations, 2017 no vehicle shall be driven or parked on a public road without displaying registration plates as prescribed by the MV Act and the rules made thereunder. The petitioners' contract carriages without displaying registration marks as prescribed by Rules 50 and 51 of the CMV Rules cannot be treated as vehicles which comply with the provisions of the MV Act and the rules made thereunder, for the purpose of grant of certificate of fitness. Therefore, in order to use the vehicles as contract carriages, the petitioners will have to display the registration marks, as prescribed by Rules 50 and 51 of the CMV Rules, read with Regulation 36 of the MV (Driving) Regulations, 2017.

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¶588

Therefore, in order to use the vehicles as contract

¶589

carriages, it is for the petitioners to;

¶590

(i) remove all unauthorised flexible LED Lights, multicolour LED lights, halogen driving lamps, etc. fitted on their vehicles and maintain the lamps, direction indicators and reflectors fitted on their vehicles as specified in Rules 102, 104, 105, 107, 109, etc. of the CMV Rules, read with sub-rule (1) of Rule 360 of the KMV Rules;

¶591

(ii) remove DJ rotating LED lights, continuously blinking multi-coloured LED lights, laser lights, etc. used for internal lighting and maintain electric lights adequate to give reasonable illumination throughout the passenger compartment, as specified under Rule 286 of the KMV Rules;

¶592

(iii) remove high-power audio system installed in their vehicles, having multiple booster/power amplifiers, speakers and sub-woofers producing loud noise, and also DJ rotating LED lights, continuously blinking multi-coloured LED lights, laser lights, etc. and maintain an audio system with four or six speakers, depending upon the size of the passenger compartment, with sufficient power to distribute reasonable sound throughout the passenger compartment;

¶593

(iv) remove all figures, writings, etc., exhibited on their vehicles with an object to invite public attention and

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to promote their contract carriage services, in order to maintain the paintwork of their transport vehicles in a clean and sound condition, as contemplated by Rule 264 of the KMV Rules, and exhibit the name and address of the operator as specified in clause (g) of Section 84 of the MV Act, exhibit the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules, etc.;

¶597

(v) remove all writings, figures, sliding 'cloth curtains', 'tinted film' (if any), etc. from the safety glass and maintain it in such a condition that the visual transmission of light is not less than that prescribed under sub-rule (2) of Rule 100 of the CMV Rules and with a clear vision to the driver, both to the front and through an angle of ninety degrees to his right or left-hand side, as the case may be, as prescribed under Rule 278 of the KMV Rules; and

¶598

(vi) display the registration marks, as prescribed by Rules 50 and 51 of the CMV Rules, read with Regulation 36 of the MV (Driving) Regulations, 2017.

¶599

Exts.P1 to P3, which are under challenge in this writ

¶600

petition, are notices in printed format issued to all categories of vehicles fitted with laser/LED/neon lights and high-power audio system, which are intercepted by the officials of the Motor Vehicles Department. The use of such notices in printed format is only to ensure that the interception of vehicles fitted with such

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unauthorised fittings causes only least inconvenience to the passengers. By such notices, the owner of the vehicle is directed to produce the vehicle for inspection, after removing the unauthorised fittings, within the time limit specified in that notice, failing which proceedings will be initiated against the said vehicle, which does not comply with the provisions of Chapter VII of the MV Act, including proceedings for cancellation of the fitness certificate.

¶603

Relying on the decision of a Division Bench of this Court in Sathyan K. v. K.K. Babu and others [2017 (3) KHC 25] the learned Senior Counsel for the petitioners would contend that the issuance of Exts.P1 to P3 notices is vitiated by the principles of natural justice. The said decision of the Division Bench was in the context of Section 103 of the MV Act, which deals with issue of permits by the State Transport Authority to State Transport undertakings, in respect of a notified area or notified route. The Division Bench held that an order passed under Section 103 of the MV Act would amount to cancellation of a permit already granted. Therefore, for exercise of powers under Section 103 of the MV Act, the parties who are likely to be

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affected are to be heard.

¶607

The law laid down by the Division Bench in Sathyan's case (supra) has no application to the facts of the case on hand, since Exts.P1 to P3 are only notices, whereby the petitioners are required to produce their contract carriages for inspection, after removing the unauthorised fittings, within the time limit specified in that notice, failing which proceedings will be initiated against the said vehicle, including that for cancellation of the fitness certificate. For cancellation of the fitness certificate, the prescribed authority has to initiate proceedings under sub-section (4) of Section 56 of the MV Act, if the said authority is satisfied that the petitioners' contract carriages, which have already been issued with fitness certificates, no longer complies with all the requirements of the MV Act and the rules made thereunder. Therefore, there is absolutely no violation of the principles of natural justice, while issuing Exts.P1 to P3 notices, and the contention to the contra raised by the petitioners is absolutely untenable.

¶608

In the result, the challenge made in this writ petition against Exts.P1 to P3 notices are repelled, for the reasons stated

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hereinbefore. Consequently, the petitioners are not entitled for the declaratory reliefs sought for.

¶612

Based on the report of the inspection team, and also the video and photographs of the inspection conducted on 14.08.2018, produced in two compact discs, the 3^rd respondent Regional Transport Officer or the prescribed authority shall issue notice requiring the petitioners to remove the unauthorised lights, fittings, figures, writings, etc., referred to hereinbefore, and to display the registration marks, name and address of the operator, etc. as per the relevant provisions under the CMV Rules and the KMV Rules, in order to ensure that their contract carriages comply with the provisions of the MV Act and the rules made thereunder, for the purpose of grant of certificate of fitness. Any violation of the provisions under the MV Act or the rules made thereunder, by the installation of an additional engine on the contract carriage bearing registration No.KL-17/N-7374, allegedly without providing space for adequate cooling, shall also be pointed out in the notice issued to the 3^rd petitioner.

¶613

Within three weeks from the date of receipt of the such notice, the petitioners shall produce their vehicles for

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inspection before the 3^rd respondent or the prescribed authority, after removing the unauthorised lights, fittings, figures, writings, etc., referred to hereinbefore, and displaying the registration marks, name and address of the operator, etc. On such production, the 3^rd respondent or the prescribed authority shall conduct inspection of the vehicles by an inspection team consisting of officers holding technical qualification, in order to satisfy that the vehicles comply with the provisions of the MV Act and the rules made thereunder.

¶617

Minor defects, if any, found on such inspection shall be permitted to be rectified by the petitioners, within a time frame to be fixed by the 3^rd respondent or the prescribed authority. If, based on the report of the inspection team, the 3^rd respondent or the prescribed authority is satisfied that the petitioners' contract carriages, which have already been issued with fitness certificates, no longer comply with all the requirements of the MV Act and the rules made thereunder, proceedings under subsection (4) of Section 56 of the MV Act for cancellation of the certificate of fitness of the contract carriages shall be initiated forthwith, in accordance with the procedure contemplated under

¶618

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that sub-section.

¶620

This writ petition is disposed of as above. The 2^nd

¶621

respondent Transport Commissioner shall take necessary steps to ensure strict compliance of the provisions of the MV Act and the rules made thereunder, referred to hereinbefore, taking note of the findings contained in this judgment.

¶622

No order as to costs.

¶623

Sd/-

¶624

ANIL K. NARENDRAN JUDGE

yd/dsn

W.P.(C)No.25876/2018

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APPENDIX

PETITIONER'S EXTS: EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 25.07.2018 ISSUED TO THE FIRST PETITIONER

¶630

EXHIBIT P2 TRUE COPY	OF THE NOTICE DATED
25.07.2018	ISSUED BY THE 5TH RESPONDENT
TO THE 2ND	PETITIONER
EXHIBIT P3 TRUE COPY	OF THE NOTICE DATED
25.07.2018	ISSUED BY THE 5TH RESPONDENT
TO THE 3RD	PETITIONER

¶631

RESPONDENTS' EXTS:

¶632

EXT.R5(A)	TRUE PHOTOGRAPHS OF THE VEHICLE WITH REG.No.KL 17N 7374 COVERED BY EXT.P3 NOTICE.
EXT.R5(B)	TRUE COPY OF THE REGISTRATION PARTICULARS OF THE VEHICLE KL 17N 7374.
EXT.R5(C)	TRUE COPY OF THE REGISTRATION PARTICULARS OF THE VEHICLE KL 44D 7473.
EXT.R6(A) EXT.R6(B)	TRUE PHOTOGRAPHS OF THE VEHICLE WITH REG.NO.KL 45R 959 COVERED BY EXT.P1 NOTICE. TRUE COPY OF THE REGISTRATION PARTICULARS OF THE VEHICLE KL 45R 959.

¶633

TRUE COPY

¶634

P.A. TO JUDGE

Jijith v. State of Kerala

Case brief

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Jijith v. State of Kerala

Case brief

What is this about?

What did the court decide?

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