Kochi: Kerala High Court has held that the vehicles carrying LPG should be fitted with Anti-lock Braking System (ABS) as provided under the Central Motor Vehicle Rules. Justice Shaji P. Chaly upheld the decision of Motor Vehicles Department refusing to register or renew the fitness certificate for the vehicles not fitted with ABS. The court passed the order on the petitions challenging the action of the Motor Vehicle Authority.
“The stipulation was brought into the rules with a laudable object of ensuring the safety on public roads by employing advanced braking system to the vehicles transporting hazardous goods and LPG. Such brake systems are a necessary requirement of the day, especially under the road conditions of this country and the state,” the court held. It added that roads are not broad enough to contain such vehicles. That apart, many of the curves, bridges and the culverts are unscientifically constructed. The roads are not provided completely with median, consequent to which, chances of accidents by head-on collusion are on the higher side. In these circumstances, the stipulations in the rules have to be strictly implemented, the court held.
The court pointed out that modern braking systems are necessary to ensure road safety. The petitioners contended that vehicles belonging to them are having goods carriage permit and are permitted to carry all kinds of hazardous goods. They said that after the vehicles are purchased as drive away chassis, the purchaser may use them as trucks, trailers, double-deckers etc. They further contended that if ABS is fitted by the local mechanic, the entire system of braking provided in the vehicle changes and amounts to material alteration as provided under Motor Vehicles Act, which was impermissible.
