Chennai: Madras high court has ordered notice to the Union government, on a petition, which sought to declare as illegal, a notification, deleting the exemption granted to four-wheelers, used for passengers with seating capacity not exceeding eight passengers in addition to driver seat and not exceeding 3,500 kg gross vehicle weight, from the mandatory provision of fixing speed governors.
A division bench comprising Justices M.M. Sundresh and R. Mahadevan posted after two weeks, further hearing of a petition filed by Motor Vehicles and Allied Industries Association.
According to petitioner, government had on April 15, 2015, amended Rule 118 of the Central Motor Vehicle Rules. As per the amended rule, in every transport vehicles notified by the Central government, speed governor (speed limiting device or speed limiting function) should be fitted by the manufacturer for vehicles having maximum pre-set speed of 80kmph. However, exemption was granted to certain type of vehicles including four-wheeled vehicles and used for passengers, with seating capacity not exceeding eight passengers in addition to driver seat and not exceeding 3,500 kg gross vehicle weight.
The government had on May 1, 2017, issued another notification omitting the exemption granted to these vehicles, he added.
Petitioner contended that when this type of vehicle was driven for private use, it need not install a speed governor. However, when the same was covered with a permit for using it as a transport vehicle it should be fitted with a speed governor. The manufacturer of vehicles will not know the purpose for which the vehicle would be used – for own use or as a transport vehicle. It was also not known the reasons for making such deletion. Moreover, the government had not consulted agencies as per the rules for coming to such conclusion. The notification was not based on sound and scientific facts. Hence, it was improper and illegal, the petitioner added.
