JAIN TRANSPORT SERVICES Vs. INSPECTOR OF MOTOR VEHICALES

JUDGEMENT

(1.) In all the above petitions a common question of law is involved and therefore they are heard together and disposed of by this common judgement.

(2.) The petitioners in the above petitions are owners of different motor vehicles registered under different authorities under the Motor Vehicles Act, 1988. In these petitions the petitioners have challenged the Notification issued by the Joint Director of Transport, Gujarat, Ahmedabad, dated 9th August 2002 and the consequential actions on the part of the respondent authorities i.e. imposition of fine on the ground of excess load and detention of vehicles.

(3.) The grievance of the petitioners can be summarised as under: After purchase of the vehicles in question the petitioners introduce certain modifications and changes under the supervision of experts as permissible under the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) and the Motor Vehicles Rules, 1989 (hereinafter referred to as the Rules). Addition of axle and more wheels would increase the load carrying capacity of the vehicle and the authority under the Motor Vehicles Act is authorised to certify more weight carrying capacity on account of such adaption and modification in the motor vehicles. The vehicles of the petitioners were inspected by the Registering Authority who completed all the legal formalities and ultimately issued Certificates of Registration in respect of the vehicles in question. The unladen weight i.e. gross vehicle weight as well as the laden weight i.e. gross carrying capacity are stated in the Certificate of Registration. The laden weight is mentioned after considering the modifications and changes made in the vehicles and not as per the gross carrying capacity assigned by the manufacturer. According to the petitioners, this is permissible under the Act and the Rules. Therefore, the petitioners are entitled to carry load in their respective vehicles as per the laden weight mentioned in the Certificates of Registration issued by the competent authority. The petitioners are engaged in transporting goods throughout India including Gujarat and therefore the vehicles are required to pass through the RTO Checkposts. The grievance of the petitioners is that though the laden weight of the vehicle is less than the certified limits under the Registration Certificate, they are booked for carrying excess weight and heavy penalty is being imposed upon the petitioners for the alleged excess weight. The aforesaid action is being taken by the respondent authorities on the basis of Circular dated 9th August 2002 issued by the Joint Director of Transport, Gujarat State, Ahmedabad. The relevant part of Circular dated 9.8.2002 reads as under: