Kerala High Court Directs State To Finalise SOP To Curb Overloaded Goods Vehicles On National Highways

The Kerala High Court has directed the State Government to finalise and implement the Standard Operating Procedure (SOP) for enforcement against overloading on National Highways.A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar issued the directions while disposing of a writ petition which sought implementation of measures to prevent overloading and other safety measures in roads. The petitioner contended that despite clear statutory limits prescribed under a 1996 Gazette Notification issued by the Ministry of Road Transport and Highways (MoRTH), authorities had failed to take effective action against the widespread overloading of trucks. The notification specifies maximum gross vehicle weight and safe axle weight limits for heavy vehicles.The petitioner sought directions to the National Highways Authority of India (NHAI), the State Government, and other authorities to strictly implement the provisions governing load restrictions and to ensure that transit passes are issued in conformity with prescribed weight norms.The counsel for NHAI informed the Court during the proceedings that a draft proposal had been prepared to address the recurring menace of overloading on National Highways. The proposal was to be considered in a joint meeting involving NHAI, the Transport Commissioner, and the Kerala Road Safety Authority.The Court had also directed the authorities to conduct comprehensive discussions and formulate a detailed and enforceable SOP within two weeks.Pursuant to the Court's direction, the State Government filed a memo enclosing the approved SOP for enforcement against overloading of goods vehicles on National Highways.The SOP establishes a uniform mechanism for detection, verification, and enforcement using Weigh-in-Motion (WIM) systems for preliminary screening and Static Weigh Bridges (SWB) for legally valid confirmation of axle and gross vehicle weight.It applies to multiple agencies including, NHAI and its concessionaires, the State Transport Department, the State Police, Department of Mining & Geology, Forest Department and Port Authorities. The SOP provides for a structured enforcement process which includes automated screening of all goods vehicles through WIM systems, interception of suspected overloaded vehicles by police, confirmation weighing through calibrated Static Weigh Bridges and mandatory off-loading of excess cargo within 24 hours.Under Section 194 of the Motor Vehicles Act, 1988, overloaded vehicles will attract a penalty of ₹20,000 plus ₹2,000 per tonne of excess load. Vehicles found overloaded must undergo mandatory off-loading under Section 114 of the Act before being allowed to proceed.The SOP also introduces escalating punitive measures for drivers, endorsement of offence in the driving licence database, suspension of licence for repeat violations, treatment of overloading exceeding 25% of permissible weight as “dangerous driving” under Section 184, and permanent revocation of heavy vehicle licences for habitual offenders.Further, the SOP mandates video-recorded off-loading, retention of CCTV and ANPR footage for 30 days, maintenance of enforcement registers, and periodic review at both district and State Road Safety Authority levels.Taking note of the approved SOP, the Court directed the State Government to finalise it expeditiously and ensure wide publication so that all stakeholders are duly informed.The Court emphasised that the SOP, prepared in conformity with the 1996 notification, must be implemented strictly and in its true letter and spirit, and that all enforcement authorities must ensure continued and uncompromising compliance.The State of Kerala has been directed to file a detailed compliance report within 30 days, outlining steps taken toward finalisation, publication, and implementation. The matter will be listed thereafter for perusal of the report.With these directions, the writ petition was disposed of.Case Title: P B Satheesh v Union of India and Ors. Case No: WP(C) 44116/ 2023Citation: 2026 LiveLaw (Ker) 120Counsel for Petitioner: G Kiran, Amir S R, R KishoreCounsel for Respondent: Suvin R Menon (Snr. Panel Counsel), Bidan Chandran, Neema T V (Sr. GP)Click Here To Read/ Download Judgment

Kerala High Court Directs State To Finalise SOP To Curb Overloaded Goods Vehicles On National Highways

Anamika MJ

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