The Karnataka High Court has issued notice to the Automotive Research Association of India (ARAI) on a petition filed against grant of certificate to certain battery operated vehicles in violation of the Central Motor Vehicle Rules, 1989.
The PIL filed by a Banagalore based Advocate, Prasad KR Rao, states that many electric vehicles that have the capacity to travel at the speed of 30-45 km/ hour have been granted certificate under the Central Motor Vehicle Rules, in blatant violation of Rule 2(u) contained therein.
The proviso to Rule 2(u) provides that battery operated vehicles shall not be deemed to be a "motor vehicle" under the Motor Vehicle Act, 1988, if the maximum speed of the vehicle is less than 25 km/h.
By implication, all vehicles that can run beyond the speed of 25 km/hr cannot be granted certification under the Central Motor Vehicle Rules.
The Petitioner has cited numerous examples of battery operated vehicles, owned by motor vehicle companies that have also been roped in as Respondent parties, that have been granted exemption from the application of the MVA, despite non-fulfillment of the criteria stipulated under Rule 2(u).
"Respondent No.3 [ARAI] without due diligence and without fulfilling the conditions prescribed under Rule 2(u) of the Central Motor Vehicles Rules 1969 has issued certificate of exemption thereby violating the rules itself," the plea read.
It further states,
"Respondent No.3 without following the due process under the law has negligently issued certificate of exemptions under the rules thereby causing wrongful loss to the state exchequer and wrongful gain to themselves," vis-à-vis registration charges imposed by the Government.
The High Court has issued notice to the authority and the concerned manufacturing companies, in the petition seeking withdrawal of all such wrongfully granted certifications.
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