Heads of educational institutions liable if buses that flout safety norms are used to ferry students: Kerala High Court

The Kerala High Court on Monday ordered that heads of the educational institutions should be held liable if they hire buses that do not meet the safety standards in relation to noise control for carrying students in public places. .A division bench of Justices Anil K Narendran and P G Ajithkumar also opined that teachers and other authorities of educational institutions that permit the use of buses that flout safety norms are little bothered about the safety of their students.“In case any contract carriage, which does not meet the safety standards and the standards prescribed in relation to control of noise is used in any public place for carrying students from any educational institutions, the head of that educational institution and also the teacher or teachers, who are in charge of that trip, who are least bothered about the safety of the students, shall also be proceeded against, in accordance with the law", the order stated..The Court added that educational institutions should prevent the entry of such buses into school premises and should also report the same to the concerned authorities so that they can proceed against the owner and driver of such vehicles.“Entry of any contract carriages or other motor vehicles violating the safety standards or the standards prescribed in relation to control of noise or vehicles with unauthorized alterations, shall not be permitted in the premises of any educational institutions in the State, for any purpose whatsoever, including exhibition, auto show, etc”, the order said..Pertinently, the Court also held that transport vehicles owned/operated by Kerala State Road Transport Corporation (KSRTC) and Kerala Urban Road Trasnport Corporation (KURTC) are regularly plying on National Highways, and such vehicles should not be permitted to exhibit any advertisements which are likely to distract the attention of other drivers. This was after taking note of a photograph of a KSRTC Bus at the bus depot at Sulthan Bathery to Ponkuzhy used for jungle safari. The bus was replete with attractive images. "Earning of additional income by KSRTC or KURTC by the display of advertisements on their transport vehicles, under Rule 191 of the Kerala Motor Vehicles Rules, should not be at the cost of public safety," the Court underscored..The Court also noted that vloggers post content on social media promoting vehicles that have flashy neon lights and DJ sound systems.It ordered that such vloggerers be proceeded against legally as per the provisions of the Motor Vehicles Act and the Indian Penal Code.Further, Ministry of Road Transport and Highways was directed to ensure to take necessary steps to ensure that such videos promoting the use of motor vehicles in public places are not being uploaded in ‘YouTube’ and other online platforms..The order was passed in a matter in which the court had taken suo motu cognisance in the wake of the recent Vadakkencherry bus accident in which nine persons, including five school children, died and over forty persons were injured.Over the course of a few hearings held since the accident occurred, the Court found that the tourist bus carrying the school children that was involved in the accident seemed to have been flouting several safety norms. Pertinently, it noted that the bus seemed to have flashy lights of the kind that the Court, by a previous order, had explicitly prohibited in line with the provisions of the Motor Vehicles Act and Rules.Therefore, the Court directed that penal consequences under the Motor Vehicle Act will be taken against the driver of the bus and also, the owner of the bus involved in the Vadakkenchery accident, since they caused or allowed such a vehicle to be driven in a public place..Pertinently, the Court opined that the procedure being adopted by the Motor Vehicles Department and the Police where they permit the use of vehicles that flout norms if they remove the unauthorised fittings, is a flagrant violation of the statutory provisions as well as the order of the Court. It said that a total prohibition is required on such vehicles.The Court further clarified that apart from the lighting and sound system violation, the bus body, passenger compartment, and driver cabin of contract carriages will have to be maintained in the appropriate manner in terms of its construction and maintenance, in order to comply with the Motor Vehicle Act.Accordingly, it ordered that the fitness certificate of contract carriage violating the Motor Vehicle laws be suspended for three months and the driving license of the driver driving that vehicle be suspended for three months as well.It further ordered that stringent action be taken against the owner and driver of vehicles that are used in a public places after tampering with the speed governor and also if the driver of the contract carriage is drunk or under the influence of drugs..The matter will be taken up next on October 14..[Read Order]