RAGHUPATHY BHAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE challenge in this writ petition is against Annexures-A, B, C and D Notifications issued by the Government of Karnataka. The impugned notifications relate to the fixing of Speed governors in transport vehicles mentioned in the notifications. The 1st petitioner is the President of Taxi Men's Association, Udupi District. Petitioners-2 and 3 are the Taxi Men's Association of the Dakshina kannada and Udupi Districts. The 4th petitioner is the General Secretary of the Dakshina Kannada Taxi Men's Association. Petitioners-5 and 6 are owners of Maxi Cab and Tata Sumo vehicles which are classified as Maxi cabs. The contention of the petitioners is that Maxi Cabs should not have been brought under the purview of the impugned notifications as they are passenger vehicles. It is also contended that Speed Governors are not available in plenty in the market.

(2.) ACCORDING to Section 110 (l) (f) of the Motor Vehicles Act, 1988, the central Government is competent to make Rules regarding Speed governors. According to Rule 118 (1) of the Central Motor Vehicles Rules, 1989 on and from the commencement of the said rule, such transport vehicles as may be notified by the State Governments in the Official Gazette shall be fitted by the operator of such transport vehicle with a Speed governor (speed controlling device) conforming to the Standard AIS:018 as amended from time to time specified by the Bureau of Indian Standards in such manner that the Speed Governor can be sold with an official seal of the State Transport Authority or the Regional Transport Authority in such a way that it cannot be removed or tampered with without the seal being broken. According to sub-rule (2) of Rule 118, the Speed Governor of every transport vehicle shall be so set that the vehicle is incapable of being driven at a speed in excess of the maximum pre-set speed of the vehicle except down an incline. Rule 118 of the Central Motor Vehicles Rules, 1989 came into force on 1. 7. 1993.

(3.) IT was in exercise of the powers conferred by Rule 118 of the Central motor Vehicles Rules, 1989 that the Government of Karnataka issued annexure-A Notification dated 28. 3. 2005 specifying the transport vehicles which shall be fitted by the operator with a Speed Governor (speed controlling device) conforming to the standard AIS:018 as amended from time to time. One of the categories of transport vehicles mentioned in annexure-A Notification is "maxi Cabs". Annexures-B, C and D notifications relate to extension of time granted to the operators for fitting speed Governors on the transport vehicles.