DATE OF ORDER:
9 April 2021
JUDGE:
Justice Anil K.Narendran
PARTIES:
The Principal, Sabari PTB Smaraka H.S.S (Petitioner)
Additional Registering Authority (Respondent)
SUBJECT
The question raised before the court was whether the action was taken in pursuance of the directions issued in a judgment dated 28.10.2019.
OVERVIEW
- The petitioner is the Principal of Sabari PTB Smaraka Higher Secondary School, Adakkaputhur, Ottappalam.
- He purchased a registered Heavy Passenger Motor Vehicle and applied for permission for alteration of the vehicle as Educational Institution Bus (Contract Carriage).
- The respondent, Additional Registering Authority, issued a certificate of registration for Stage Carriage.
- The certificate was issued on the grounds that an amendment was required in conformity with the Central Motor Vehicles Rules to alter the vehicle's class to Educational Institution Bus.
- When the petitioner approached the Court, the respondent was directed to conduct an inspection of the vehicle, and submit a report.
- The inspection report did not indicate whether all tests specified in Rule 62 were carried on.
The judgment dated 28.10.2019
- They were directed to file an action taken report, which stated that a large number of vehicles were being permitted to be used in a public place with cooling films and curtains.
- The use of such materials on the windscreen, rear window, and side windows of motor vehicles is a violation of the directions contained in the judgment of the Apex Court.
- The State Police Chief has to issue circular directing removal of window curtains, bull bars, sun films, etc., from the vehicles of the Police Department.
Use of Official Emblems
- The State Emblem of India (Prohibition of Improper Use) Act prohibits the use of the Indian emblem for professional and commercial purposes.
- The Court emphasized that the use of the emblem on vehicles is limited under Rule 7 of this Act to the authorities specified in Schedule II.
- The emblem is permitted to be displayed on the vehicles of constitutional authorities and other dignitaries.
- The Court observed that the use of such emblem or star plate on any unauthorized motor vehicles is illegal.
Usage of Name Boards
- The Court noted that the display of the State Government's name in name-boards was authorized on motor vehicles owned by co-operative societies, NGOs, and other societies.
- Several law officers’ and Central Government counsels’ vehicles were also allowed to display the name of the Court on their registration plates, which violated Section 3 of the Emblems and Names (Prevention of Improper Use) Act.
- Court ordered the Transport Commissioner to file a report regarding the action taken in pursuance of the directions issued in a judgment dated 28.10.2019.
LEGAL PROVISIONS
- Rule 62 of the Central Motor Vehicles Rules- Validity of certificate of fitness.
- Rule 125C of the Central Motor Vehicles Rules- Body building and approval
ORDER ANALYSES
- The Court observed from the photos produced of the vehicle that it had several deviations from the said Rules and Motor Vehicles (Driving) Regulations.
- The defects were corrected. The authorities were ordered to take an appropriate decision regarding the change of the class of that vehicle in accordance with the law.
- Court ordered the Transport Commissioner to file a report regarding the action taken in pursuance of the directions issued in a judgment dated 28.10.2019.
CONCLUSION
High temperatures appear to have prompted many people to add tinted windscreens and black sun films on car windows, despite a Supreme Court judgment prohibiting the use of dark films on four-wheelers. Car accessory dealers pointed out that the extreme weather had compelled numerous car owners to tint their windows. According to them, some people use black sun films to keep the interiors of their car cool.
