The Hindu : Karnataka / Bangalore News : New public vehicles must have speed governors

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Friday, May 30, 2008
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Karnataka

Karnataka - Bangalore

New public vehicles must have speed governors

Staff Reporter

High Court tells Transport Department to follow direction

‘Supreme Court had only stayed HC order on old public vehicles to be fitted with speed governors’
Federation of Karnataka State Lorry Owners and Agents’ Associations threatens strike

BANGALORE: The Karnataka High Court on Thursday orally directed the Transport Department to ensure that from Friday, no new public (transport) vehicles shall be registered in Karnataka unless they are fitted with speed governors.

A Division Bench comprising Chief Justice Cyriac Joseph and Justice A.N. Venugopal Gowda made the observation when it was dealing with a public interest litigation (PIL) petition seeking a direction to the State to ensure that all transport vehicles were fitted with speed control devices (speed governors).

When the matter came up, the Bench sought to know from the government advocate on whether the Transport Commissioner had appeared in person in the court (The Bench had on Wednesday directed the Transport Commissioner to appear in person in court).

When told that the Joint Commissioner of Transport M.K. Aiyappa was present, the Bench asked him why it had not implemented the notification on installation of speed governors in new public vehicles that have been registered from January 1, 2008.

The Chief Justice, speaking on behalf of the Bench, said the Supreme Court had only stayed the High Court order on making it mandatory for old public vehicles to be fitted with speed governors. It had not said anything about speed governors in new vehicles.

Notification valid

He said a notification by the Transport Department itself had made it mandatory for new transport vehicles to be fitted with speed governors if they had to be registered. Since the notification has not been stayed, it continues.

The government advocate submitted that the Government was under the impression that the Supreme Court had stayed the installation of speed governors. Unconvinced by his reply, the Bench took the Transport Department to task and asked it whether it could justify its attitude.

Clarifies

The Bench made it clear that none of the parties in the case before the court had any grievance about installation of speed governors in new transport vehicles. Some of the respondents, including truck owners, had reservation only about installation of speed governors in old transport vehicles. It then asked Mr. Aiyappa on what the Transport Department proposed to do. “You are registering new vehicles without insisting that they be fitted with speed governors. You are now aware of the position, and we intend to dispose off the case finally on Saturday,” it said.

It then orally instructed Mr. Aiyappa to tell the Transport Department officials not to register new transport vehicles from Friday unless they are fitted with speed governors.

The Bench adjourned further hearing on the case to Saturday. G.R. Shanmugappa, President of Federation of Karnataka State Lorry Owners and Agents’ Associations told The Hindu that the enforcement could not be made on oral directions either from the court or from the department. In the event of the department attempting to enforce the rule, all transporters will resume the indefinite strike which had been called off, he warned.

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