Joint Regional Transport Officer (Additional Registering Authority) vs Thomas Joseph

A. Muhamed Mustaque, J

In this appeal filed by the Joint Regional Transport Officer along with the Deputy Transport Commissioner Ernakulam, we have to decide an issue on the legality of refusal of the registration of a new vehicle, which was intended to be used as Mofussil/Ordinary services. The reason for refusal primarily shows that the body type of the vehicle is built as Type-I NDX. This as per the AIS-052 standards can only be used for city/town services. The colour code is also variant in the matter. As per the colour code, city service should be painted with light green colour and Mofussil/Ordinary service bus should be painted with deep sky blue colour.

The issue raised in the case is clear. The bus operator who is having a valid permit built a Type-I body applicable for city transport, wants to register the bus to operate as Mofussil/Ordinary services.

The learned Single Judge, noting that colour code prescribed came into force on 4.01.2018 and the AIS-052 standards prescribing bus body design came only after that on 8.01.2018, set aside the order of rejection and directed to reconsider the matter.

As per AIS-052 standards, only the body type of vehicle is specified depending upon the usage of the vehicle. Under Section 125 C of Central Motor Vehicles Rules, 1989, the testing and approval for body building of new models of buses with a seating capacity of 13 or more shall be in accordance with AIS-052 standards. The AIS-052 Clause 1.1.5 and 1.1.6, are extracted herewith:

“1.1.5 “Type I” Vehicles are the medium and high capacity vehicles designed and constructed for urban and sub urban/city transport with area for standing passengers, to allow movement of passengers associated wit frequent stops and the low capacity vehicles which are designed and constructed for urban and sub urban/city transport exclusively for carrying seated passengers. The low capacity vehicles in this type can carry standee passengers if they meet provisions for low capacity standee buses.

1.1.6 “Type II” Vehicles are those designed and constructed for inter-urban/inter-city transport with specified area for standing passengers, but can carry standing passengers over short distance in the gangway; unless otherwise prohibited by the State Transport Department. ”

The body building has to be in accordance with the usage of the vehicle. Body building standards are statutory in nature. The petitioner wants to register the vehicle for use as inter-urban/mofussill/ordinary services for which, as per AIS-052 standards, Type-II vehicle alone can be registered. The TYPE-II vehicle can be registered only for inter-city transport. Under Section 45 of the Motor Vehicles Act, registering Authority has the power to refuse registration if the vehicle is not in accordance with the requirements under the Act and Rules.

The writ petitioner produced Type-I vehicle for operating inter-urban/inter-city transport. The Type-II vehicle alone can be used for inter-urban/inter-city transport. Law at the time of registration will have to be followed. Colour code prescription as referred in Ext.P5 depends on the type of the vehicle and usage. It is incidental to the type of body built and use.

In such circumstances, we find that the impugned judgment is unsustainable and therefore, we set aside the same.

The writ appeal is allowed as above.