The Hindu : Front Page : Bench ruling on transporting excess weight

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Wednesday, Mar 22, 2006

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Front Page

Bench ruling on transporting excess weight

Staff Reporter

"Authorities had not implemented Act in letter and spirit"

MADURAI: The Madurai Bench of the Madras High Court has restrained the transport authorities from permitting motor vehicles, plying in Kanyakumari, Tirunelveli and Tuticorin districts, to load goods in excess of the laden weight mentioned in the registration certificates.

Admitting two writ petitions moved by the Nagercoil Local Lorry Owners' Association and the Kanyakumari District Lorry Owners' Association, Justice R. Banumathi granted the interim injunction.

According to the Nagercoil association, contractors of Tamil Nadu Civil Supplies Corporation had engaged most of its members, and the latter's vehicles were used to transport goods from one warehouse to the other. These contractors insisted lorry owners to carry a minimum of three tonnes in excess of permitted laden weight of vehicles. Similarly, the Kanyakumari association claimed that many of its members rented out their vehicles for transporting minerals such as river sand, blue metal etc. Most of the mineral traders always insisted on transporting more quantity in a single vehicle so as to save transport cost and some of the lorry owners obligedBoth the associations alleged that the vehicles were overloaded in collusion with Transport department officials.

Further, they brought to the notice of the court that the Supreme Court, on November 9, 2005, had enumerated action to be initiated against overloaded vehicles. Pursuant to the judgement, the Union Ministry of Shipping, Road Transport and Highways, on November 14, 2005, issued a circular to the Transport Secretaries of all States requesting them to strictly comply with the apex court order. Immediately thereafter, the Haryana Government issued a public notice warning violators of heavy penalty. But the Tamil Nadu Government had not yet issued any such notification.

The petitioners' counsel, G. Thalaimutharasu, contended that the Motor Vehicles Act stipulated the conditions of loading and punishment for overloading. However, the transport authorities had not implemented the Act in letter and spirit and rather allowed blatant violation of its provisions.

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