Regional Transport Officer vs K. Jayachandra Etc.

4. Writ Petition (C) No.28702 of 2007 for quashing Circular No.7/2006 and the order passed on 3.7.2007 declining registration was filed.

6. Writ Petition (C) No.274 of 2012 was filed by the owner of the vehicle to question denial of registration in view of the aforesaid rule and the Circular. Yet another Writ Petition (C) No.274 of 2012 was filed against the refusal to grant registration of a vehicle which was re-modelled as a ‘recovery vehicle’ altered in an unauthorised manner by cutting the chassis of the vehicle by one feet at the rear end which was not in conformity with the prototype test in terms of Rule 126 of the Central Rules.

7. In view of the conflict in judgments in Writ Petition (C) No.29946 of 2006 and Writ Petition (C) No.8836 of 2007 regarding the issue of alteration whether alteration is permissible at variance with the manufacturer’s specification contained in the prototype test certification, the matter was referred to a Division Bench of the High Court. The High Court by the common judgment passed in the writ petitions came to the conclusion that structural alteration is permissible as per the provisions of the Kerala Rules. The view taken by the learned Single Judge in Writ Petition (C) No.29946 of 2006 has been upheld hence the appeals have been preferred in this Court. This Court has stayed the operation of the impugned judgment and order on 16.4.2013. Considering the importance of the matter notice was issued to the Ministry of 4 Road Transport and Highways through its Secretary, and Mr. K.V. Viswanathan, learned senior counsel was appointed as amicus curiae to assist the Court.

8. It is apparent from the factual matrix of Writ Petition (C) No.28702 of 2007 that it was a case of medium commercial bus chassis. The registration was declined on the ground that the platform of the bus was extended to a distance of 37 cms. and the body was having an extension of 39 cms. from the extreme rear end of the chassis. The vehicle had an extended length of 39 cms. The technical specifications of model TATA bus chassis have specified length of 757.5 cm. After the body was built, it had a total length of 796.5 cm.

9. Similarly, in Writ Petition (C) No.1323 of 2010 and Writ Petition (C) No.1468 of 2010, the body was built over the chassis extended by 15 cm. beyond the chassis. In Writ Petition (C) No.274 of 2012 the vehicle was re- modeled as a recovery vehicle by cutting the chassis of the vehicle by one foot at the rear end. In Writ Petition (C) No.29946 of 2006, the unladen weight of the vehicle before alteration was 2315 kg. and the same had been increased on alteration to 2715 kgs. Besides, there were changes in the measurement of the body which resulted in declining the permission for registration. In Writ Petition (C) No.8836 of 2007, the length of the chassis of the vehicle as per prototype was 832.5 cm. but after building the body it was found to have been extended to 885 cm.

The owner of the vehicle shall, on demand, produce the vehicle for inspection.

If Locally manufactured Trailer/Semi-trailer, enclose the Approval of design by the State Transport Authority and note the proceedings number and date of approval ............................

12. Class of vehicle (if motorcycle, whether with or without gear ............................ 23

13. The motor vehicle is ............................

27. Particulars of previous registration and registered number (if any) ............................

28. Colour or colours of body wings and front end ............................ I hereby declare that the motor vehicle has not been registered in any State in India.

ADDITIONAL PARTICULARS TO BE COMPLETED ONLY IN THE CASE OF TRANSPORT VEHICLES OTHER THAN MOTOR CAB

29. Number, description, size and ply rating of tyres, as declared by the manufacturer

(a) Front axle = ...............................

(b) Rear axle = ................................

(c) Any other axle = .........................

(d) Tandem axle = ............................

30. Gross vehicle weight

(b) To be registered ......................... Kgms

31. Maximum axle weight

(a) Front axle= .................................Kgms

(b) Rear axle= .................................Kgms

(c) Any other axle=..........................Kgms

(d) Tandem axle= ...........................Kgms

32. (a) Overall length............................

(b) Overall width...............................

(c) Overall height .............................

(d) Over hang .................................

The above particulars are to be filled in for a rigid frame motor vehicle of two or more axles for an articulated vehicle of three or more axles or, to the extent applicable, for trailer, where a second semi-trailer or additional semitrailer are to be registered with an articulated motor vehicle. The following particulars are to be furnished for each such semi-trailer.

33. Type of body ………………………

34. Unladen weight ……………………...

35. Number, description and size of tyres on each axle ……………………..

36. Maximum axle weight in respect of each axle ……………………..

37. The vehicle is covered by a valid certificate of Insurance under Chapter XI of the Act Insurance Certificate Or Cover Note No .............................

Date ........................... of .............................. (Name of company) Valid from .......... to .......

38. The vehicle is exempted from insurance The relevant order is enclosed ………………………….

Date.............. ……………………………….

Signature or thumb impression of the person to be registered as registered owner Note.- The motor vehicle above described is--

(i) Subject to Hire-purchase agreement/lease agreement with ...................................................

Certified that the particulars contained in the application are true and that the vehicle complies with the requirements of the Motor Vehicles Act, 1988 and the Rules made thereunder.

Date .............................

Ref. No..............................

………………………… Signature of the Inspecting Authority Name.....................................

Designation ..............................

OFFICE ENDORSEMENT Office of the..............................

The above-said motor vehicle has been assigned the Registration number.................... and registered in the name of the applicant and the vehicle is subject to an agreement of Hire- purchase/Lease/Hypothecation with the Financier referred above. Date......................... ……………………………..

Signature of the Registering Authority To 26 The Financier ......................................................................................................................

(To be sent by registered post acknowledgment due) Specimen signature or thumb-impression of the person to be registered as Registered Owner and Financier are to be obtained in original application for affixing and attestation by the Registering Authority with office seal in Forms 23 and 24 in such a manner that the part of impression of seal or a stamp and attestation shall fall upon each signature.

(b) Rear axle ……………….

(c) Any other axle ………….

(d) Tandem axle ……………

12. Colour or colours of the body ………………………..

13. Gross vehicle weight ……………………………

14. Type of body …………………………………… [Signature of the manufacturer or dealer or Officer of Defence Department or registered E-rickshaw or E-cart Association] *Strike out whichever is inapplicable.”

34. Resultantly, the impugned judgment cannot be sustained and is hereby set aside. The appeals are allowed.