Prima Facie For Public Safety: Kerala High Court Declines To Stay Circular By Motor Vehicles Dept Imposing Stricter Conditions For Driving Tests
The Kerala High Court today declined to pass an interim order staying the implementation of the circular dated February 25, 2024 issued by the Transport Commissioner. The circular was issued by the Motor Vehicles Department prescribing additional conditions regarding the usage of vehicles for driving tests.Justice Kauser Edappagath declined to grant an interim order staying the implementation...
The Kerala High Court today declined to pass an interim order staying the implementation of the circular dated February 25, 2024 issued by the Transport Commissioner. The circular was issued by the Motor Vehicles Department prescribing additional conditions regarding the usage of vehicles for driving tests.
Justice Kauser Edappagath declined to grant an interim order staying the implementation of the circular and held that prima facie the circular intends to streamline procedure of driving tests and is in harmony with the Motor Vehicle Act and Rules. The Court also held that the Transport Commissioner being the head of the Motor Vehicles Department is competent to issue instructions which are not in violation to the Motor Vehicles Act and Rules.
“A perusal of the impugned Circular prima facie shows instructions therein do not run counter to, but appear to be harmonious with the provisions of the Central Motor Vehicles Rules and issued to bring standard in driving test in the light of the increasing number of road accidents, considering public safety which is the prime object of the Motor Vehicles Act”
Moreover, the Court observed that measures such as restricting the number of driving test applicants, barring vehicles with automatic gear transmission and electric vehicles in driving tests, mandating that driving schools use vehicles no older than 15 years fitted with dashboard cameras are aimed at promoting public safety and mitigating road accidents. "It appears that the instructions in the Circular were issued considering the innovational improvements in vehicular mechanism and engineering, traffic conditions prevailing in the State, increasing number of road accidents in the State and to require imparting instructions in driving as per the syllabus prescribed in Rule 31 of the Central Motor Vehicles Rules”, added the Court.
The plea stated that as per the circular, applicants must demonstrate proficiency in driving motor vehicles with foot-operated gear selection to obtain a license for geared two-wheelers. This would mean that only vehicles with gear shifting controlled by foot are permissible, excluding scooters without foot-operated gear shifting. Another condition is that vehicles which are more than 15 years old cannot be used for driving tests.
The plea states that the restriction in the circular that automatic vehicles/electric vehicles cannot be used for conducting driving tests is unreasonable. It states that when the government is trying to promote the usage of automatic vehicles/electric vehicles, restrictions prohibiting its usage from driving tests is illegal.
The plea states that the restriction on the number of candidates who can take part in driving tests in a day is also arbitrary. As per the circular, a total number of 30 candidates, out of which 20 new candidates and 10 failed candidates is illegal and unjustifiable. The plea argues that the motor vehicles department has to make arrangements to accommodate more candidates rather than restricting the number of candidates.
It is alleged that new driving test conditions are unnecessary, discriminatory and outside the scope of the Motor Vehicles Act and Rules. It is submitted that neither the Central Government nor the State Government has issued any restrictions or conditions regarding the vehicles to be used for driving tests. The plea further states that only the Central Government is empowered to make rules regarding licensing and regulating driving tests. It is thus alleged that the impugned circular was issued by the Transport Commissioner without jurisdiction.
The plea states that the circular with unnecessary restrictions does not intend to benefit the students or the public but is aimed to promote private accreditation agencies.
Thus, the plea seeks to quash the circular and also seeks direction from the Court to conduct a thorough study on driving tests before implementation of any additional conductions. As an interim measure, the petitioners have also sought a stay against the implementation and operation of the circular.
The plea has been moved by Advocates O D Sivadas, Premchand M, M B Sandeep, K P Sreeja, Aswathy Jayaraj, Vishnu K K, Shiyon Bij, Devika R
Case Title: All Kerala Motor Driving School, Instructors and Workers Association V The Transport Commissioner & Connected Cases
Case Number: WP(C) 10615/ 2024 & Connected Cases