The High Court on Tuesday ordered that all existing transport vehicles should install speed governors before June 30, 2008. It also prohibited transport authorities from renewing fitness certificate (FC)s for old vehicles without speed governors (SGs) from now on.
The Division Bench comprising Chief Justice Cyriac Joseph and Justice B S Patil passed the orders while staying the operation of State government’s recent notification (dated Jan 22, 2008) that had extended time for fitting speed governor in old vehicles, indefinitely. The Court also stayed the June 29, 2007 government notification that had earlier deferred the compulsion of SGs for new vehicles till January 1, 2008 and directed old vehicles to install SGs between Jan 1 and December 31, 2008.
This was in the course of a 2007 PIL by Y N Nanjappa, challenging the government action in extending time for implementing the SG’s rule. The order followed the petitioner’s interlocutory application seeking stay of the recent government notification granting further time to vehicle operators.
The Bench perused all government notifications on the issue and observed: “The State government has been dragging in implementing the provisions of Central Motor Vehicles Rules and its own notification in March 2005.” The Court stated that the government had gone too far in extending time without specifying any outer limit, and it was “highly necessary in public interest” to stay the concerned notification.
Advocate General B V Acharya pointed out that several operators had got renewed their vehicles’ annual FCs from July 1, 2007 till date, and their validity would go beyond June 30, 2008. The Court directed that old vehicles whose FCs were renewed during said period shall be given one month’s grace time (from Tuesday), to fit the SGs. However, FCs in respect of any old vehicle shall not be renewed hereafter, unless it is fitted with SG, it clarified.