News
19
Sep
2020
Delhi: ‘Can’t impose 40kmph if MV Act says 80kmph’
Delhi High Court has struck down the state government’s 2018 notification laying down a speed limit of 40km/hour for a category of transport vehicles registered after October 2015.
NEW DELHI: Delhi High Court has struck down the state government’s 2018 notification laying down a speed limit of 40km/hour for a category of transport vehicles registered after October 2015.
Clearing the confusion, a bench of Chief Justice D N Patel and justice Prateek Jalan held that the state government can’t fix a speed limit for vehicles, which varies from that prescribed under the amended central Motor Vehicles Rules 2015 and the Motor Vehicles Act, 1988.
It pointed out that for category of light transport vehicles, the MV Rules clarified that these must have a speed governor having maximum pre-set speed of 80 kmph, equipped or fitted by the manufacturer, either in the manufacturing stage or at the dealership stage, yet the state government made a separate order lowering their speed at 40kmph.
Clearing the confusion, a bench of Chief Justice D N Patel and justice Prateek Jalan held that the state government can’t fix a speed limit for vehicles, which varies from that prescribed under the amended central Motor Vehicles Rules 2015 and the Motor Vehicles Act, 1988.
It pointed out that for category of light transport vehicles, the MV Rules clarified that these must have a speed governor having maximum pre-set speed of 80 kmph, equipped or fitted by the manufacturer, either in the manufacturing stage or at the dealership stage, yet the state government made a separate order lowering their speed at 40kmph.
“The requirement for installation of speed governors for vehicles registered after the said date (October 01, 2015) is dealt with in Rule 118(1), which itself lays down the required specifications, and does not leave it to the state governments to prescribe,” the bench observed, while setting aside the government’s order on speed limit.
It was hearing a petition challenging the legality of the notification where provisions were made for transport vehicles of various categories to be equipped with speed governors at various speed limits. The petitioner, a dealer in motor vehicles classified as light goods vehicles, complained that due to the rule he was unable to get vehicles registered after 2015 cutoff date in Delhi, even though they fulfilled the MV Act/Rules specifications of built in speed governors of 80kmph.
Defending the notification, Delhi government cited verdicts of the Supreme Court in the celebrated “MC Mehta vs Union of India” case, to argue that the court had laid down that transport vehicles plying in the capital must have a speed governor with a maximum speed of 40 kilometre per hour.
“On a careful reading of the said judgment, we are of the view that it does not confer power upon the state government to issue the notification. The judgment proceeds on the basis that the Act and Rules contain sufficient provisions to enable the authorities to act in the interest of curbing the menace of traffic in Delhi,” the bench responded, rejecting the stand of Delhi government.
It was hearing a petition challenging the legality of the notification where provisions were made for transport vehicles of various categories to be equipped with speed governors at various speed limits. The petitioner, a dealer in motor vehicles classified as light goods vehicles, complained that due to the rule he was unable to get vehicles registered after 2015 cutoff date in Delhi, even though they fulfilled the MV Act/Rules specifications of built in speed governors of 80kmph.
Defending the notification, Delhi government cited verdicts of the Supreme Court in the celebrated “MC Mehta vs Union of India” case, to argue that the court had laid down that transport vehicles plying in the capital must have a speed governor with a maximum speed of 40 kilometre per hour.
“On a careful reading of the said judgment, we are of the view that it does not confer power upon the state government to issue the notification. The judgment proceeds on the basis that the Act and Rules contain sufficient provisions to enable the authorities to act in the interest of curbing the menace of traffic in Delhi,” the bench responded, rejecting the stand of Delhi government.
https://auto.economictimes.indiatimes.com/news/industry/delhi-cant-impose-40kmph-if-mv-act-says-80kmph/78180751