The Kerala High Court on Thursday ordered the police and the Motor Vehicle Department to take the necessary measures to ensure that all buses, including those operating as urban and municipal services, are equipped with the gates prescribed by national regulations. on motor vehicles.
Judge Anil K. Narendran also directed that the appropriate procedures be initiated against the owners / licensees, as well as the crew of buses with hinged doors removed or connected to buses.
The court also ordered the police and the MVD to sue the crew for opening or closing doors while the buses were in motion.
The guidelines were issued by rejecting a series of written petitions filed by the Kerala bus carrier associations and other private bus operator associations. The petitioners had challenged the amendments to Rule 280 of the Kerala Motor Vehicle Regulations, which insisted that bus doors be operated as urban services.
Security is the priority
The state government and the motor vehicle department claimed that this amendment had been introduced in order to ensure the safety and security of public transport facilities and reduce the number of accidents. In 2010, a high court of division of the High Court ordered the government to take immediate steps to change the rules in force, so that the theater cars can operate with doors. The government also argued that lack of doors in urban and urban service buses caused accidents.
The court noted that the provisions of Kerala Motor Vehicle Regulation 2016 (Second Amendment) were intended to provide passengers with a safe and convenient means of public transport. The provisions of the amendment, which were consistent with the object and purpose of the Motor Vehicle Act and its rules, were only reasonable restrictions, which could legitimately be imposed in the interest of the general public.
The applicants' right to trade under Article 19 (1) (g) of the Constitution can not be extended or expanded to include a fundamental right to drive their theater cars without any conditions or restrictions, in total disregard of security. and the convenience of passengers and the general public, observed the court.