'Overloaded Vehicles Cannot Be Allowed To Ply Without Removing Excess Load': Patna High Court Calls For Strict Enforcement
Rushil Batra
27 March 2026 4:57 PM IST
The Patna High Court has reiterated that overloaded vehicles cannot be permitted to ply on roads and highways without removal of excess load, holding that mere imposition of fines is insufficient and strict enforcement of statutory mandates is necessary to prevent damage to infrastructure.
A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing the matter concerning regulation of overloaded vehicles on national highways in Bihar.
At the outset, the Court referred to its earlier order dated 20.02.2026, wherein it had directed authorities to clarify compliance with Sections 113, 114 and 194 of the Motor Vehicles Act, 1988. The Court had also asked concerned authorities (including the Secretary, Transport Department, Transport Commissioner, NHAI officials and Ministry representatives) to jointly evolve mechanisms to address the issue.
During the hearing, NHAI relied on Rule 10 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, which provides that vehicles carrying load beyond permissible limits shall not be allowed to use national highways or cross toll plazas unless the excess load is removed. However, it was pointed out that the minutes of the meeting dated 06.03.2026 held by the Transport Commissioner did not reflect any discussion on this provision.
Learned Senior Counsel for NHAI submitted that although earlier attempts were made to stop overloaded vehicles and compel removal of excess load, such steps led to law and order issues at toll plazas, including in Varanasi. It was contended that without round-the-clock police deployment, strict enforcement of these provisions remains difficult.
The Court, however, emphasised that detection of overloaded vehicles and collection of fines is only one aspect of enforcement. It held:
We are of the humble view that that detection of the vehicles with excess load, imposition of fine and collection of fine is one aspect, but unless the provision of removal of such excess load is strictly implemented as per the Act and Rules and all necessary mechanism are provided to prevent the untoward incident, which are likely to happen in case such provisions are implemented, the problems cannot be addressed and if the vehicles with excess load are allowed to move and ply over the bridges and roads, they are likely to cause damages, which had already happened as per the statement made by the learned Advocate General at the previous hearings. The law mandates that the vehicle shall not be allowed to move until the excess load is removed at the owner's risk. Authorities can stop an overloaded vehicle and require the offloading of excess cargo before allowing it to proceed.
Accordingly, the Court directed that a fresh meeting be convened by the concerned authorities, in terms of its earlier order, in the presence of the Advocate General, AAG-4 and Senior Counsel for NHAI.
The Court directed that all operational and enforcement issues be addressed comprehensively and an affidavit placing suggestions and proposals be filed. It further clarified that the framework must be worked out for all roads and bridges across the State of Bihar.
The matter has been listed on 20.04.2026 for further consideration.
Case Title: Vikas Kumar (NH-30–Ara–Mohania Pkg–I & II) v. Union of India.
Case No.: Civil Writ Jurisdiction Case No. 2921 of 2022
Appearance: Mr. Vikas Kumar (in person) for the Petitioner; Mr. Anjani Kumar, AAG-4 and Mr. Alok Kumar Rahi for the State; Mr. Dr. K.N. Singh, Senior Advocate, along with Mr. Sanat Kumar Mishra and Mr. Shivaditya Dhari Singh for NHAI; Mr. Amish Kumar for the Union of India; and Mr. Tiwari Shwetketu for Respondent No. 10.