Kerala High Court refuses to stay new regulations for driving test

The Kerala High Court on Friday refused to stay the implementation of Transport Commissioner's circular imposing new regulations for the driving test in the state [All Kerala Motor Driving School, Instructors And Workers Association vs Transport Commissioner].Justice Kauser Edappagath said the circular was not violative of the Central Motor Vehicles Rules and that the Transport Commissioner had the power to issue directives which were aimed at public safety."Being the head of the Motor Vehicle Department as prescribed in Rule 405 of the Kerala Motor Vehicles Rules, 1989 formed under the provisions of Section 213 of the Motor Vehicles Act, the Transport Commissioner is competent to issue instructions which are not in violation of any of the provisions of the Act or Rules," the Court said..Some of the key changes introduced under the Circular include limiting the number of driving test applicants supervised by a Motor Vehicle Inspector per day to 30 and prohibiting the use of vehicles with automatic gear transmission and electric vehicles in the driving test.Additionally, the driving schools are also now required to use vehicles which are not older than 15 years and are equipped with dash board cameras for testing purposes.The new regulations were challenged by owners of the driving schools imparting training in driving, All Kerala Motor Driving School Instructors and Workers Association and a person planning to apply for the license. Driving school owners in Kerala had announced an indefinite strike to protest against the circular being implemented from May 2..While refusing to stay the circular, the Court said that the instructions were issued considering the innovational improvements in vehicular mechanism and engineering, traffic conditions prevailing in the State and increasing number of road accidents in the State.The Court also said that the instructions take into account the requirement of imparting instructions in driving as per the syllabus prescribed in Rule 31 of the Central Motor Vehicles Rules..One of the main arguments of the petitioners was that the power to issue guidelines for conducting driving test and issuance of licence lies with the Central government and not the Transport Commissioner.The Court observed that the question regarding competency of the Transport Commissioner was a larger issue to be decided in writ petitions. However, it also noted that the High Court had, in an earlier challenge against the Transport Commissioner's power to issue regulations for driving schools, held his circular valid."It was found that if the instructions in the Circular do not run counter to the Central Motor Vehicles Rules, then there could be no allegation of lack of power raised against the Transport Commissioner who acts as the head of the Transport Department as prescribed in Rule 405 of Kerala Motor Vehicles Rules framed under Section 213 of the Motor Vehicles Act," the Court recalled..Thus, the Court said the latest instructions prima facie do not run counter to, but appear to be in line with the provisions of the Central Motor Vehicles Rules.They were issued to bring standard in driving tests in the light of the increasing number of road accidents and considering public safety which is the prime object of the Motor Vehicles Act, the Court added.The Court rejected the argument that the circular was being retrospectively applied in those cases where people had already obtained learner's license and now were only expected to take the test."For the reasons stated above, I see no reason to grant a stay for the implementation of the Circular. Hence, the interim relief sought for in all the writ petitions is declined," the Court said, while listing the matter for consideration on May 21..The petitioners were represented by advocates OD Sivadas, Premchand M, MB Sandeep, K P Sreeja, Aswathy Jayaraj, Vishnu KK, Shiyon Bij and Devika R.Government Pleader P Santhoshkumar appeared for the State..[Read Order]