Kochi: The Kerala High Court upheld a state government circular making Bharat Stage IV a must for all new heavy vehicles having more than four wheels manufactured on or after April 1, 2016.
The court dismissed a batch of petitions challenging the circular. The petitioners argued that the latest amendment to sub rule 15(a) of Rule 115 of the Central Motor Vehicle Rules BS-IV Standards were introduced in a few states including Kerala with respect to four wheeled vehicles. When BS-IV standards were implemented throughout the country even for two-wheeled and three-wheeled vehicles manufactured after April 2016, there is no reason to exempt vehicles having more than four-wheels from the implementation of BS-IV Standards, the court observed.
They contended that amendment applies only to four-wheeled vehicles manufactured after April 2016 and does not apply to vehicles having more than four wheels. The court observed that the fact that BS-IV Standards were made applicable to all four-wheeled vehicles coming under ‘M’ and ‘N’ categories in the state with effect from 1.4.2016 is not in dispute. Rules stipulate that the vehicles are categorised only into two-wheelers, three-wheelers and four-wheelers, wherever the categorisation is warranted. There is no reference in sub rules 1 to 14 about vehicles having more than four wheels.
The court said that the expression four-wheeled vehicles contained in sub rule 15(a) is intended to cover all motor vehicles coming under 'M' (motor vehicle with at least four wheels used for carrying Passengers)"and 'N' (motor vehicle with at least four wheels used for carrying goods which may also carry persons in addition to the goods subject to the conditions specified categories.
