Begin typing your search above and press return to search.

HC for proper testing of vehicles

By Staff Reporter

GUWAHATI, Oct 8 - A Division Bench of the Gauhati High Court comprising Chief Justice (Acting) K Sreedhar Rao and Justice PK Saikia has asked the Central Government to take proper steps and give directions to the testing agencies to see to it that their units are established at all the manufacturing centres, and that the test of every vehicle be made to conform to the requirement of Rule 126-A of the Central Motor Vehicles Rules, 1989, before the vehicles are rolled out of factory for sale.

In PIL No. 104/2015, the petitioner stated that the provisions of Section 126-A of the Rules of 1989 mandate that apart from the prototype vehicle, every vehicle manufactured has to undergo the needed test to conform to the requirements of the said Rules. The Rule 126 has notified the agencies that should test and certify the compliance of the requirements of the said Rule.

The Bench observed that �this appears to be an easy procedure to check every vehicle manufactured at the manufacturing units before it rolls out of the factory, otherwise, taking every vehicle manufactured to the testing agencies situated at different places may not be a viable proposition for effective implementation of the aforesaid Rules.�

In the PIL, the court also took cognizance of the vires of Rule 118 of the Central Motor Vehicles Rules, 1989, which imposes installation of speed governors in certain categories of vehicles and excludes all other types of motor vehicles. The object of Rule 118 is to impose the speed limit of the vehicles. In so far as the vehicles in which speed governors are made mandatory, the movement of the vehicles within the speed limit prescribed would be ensured. However, for the excluded category of vehicles, discretion is given to the driver to maintain speed limit while driving. This discretion is always breached and overspeeding has been a major factor for accidents.

The Bench observed that it is desirable that the four-wheelers and the two-wheelers should also have in-built mechanical regulators for ensuring compliance of the prescribed speed limits on the highways and elsewhere, which is an imminent need for preventing the accidents caused due to overspeeding.

Next Story
Similar Posts
HC for proper testing of vehicles

GUWAHATI, Oct 8 - A Division Bench of the Gauhati High Court comprising Chief Justice (Acting) K Sreedhar Rao and Justice PK Saikia has asked the Central Government to take proper steps and give directions to the testing agencies to see to it that their units are established at all the manufacturing centres, and that the test of every vehicle be made to conform to the requirement of Rule 126-A of the Central Motor Vehicles Rules, 1989, before the vehicles are rolled out of factory for sale.

In PIL No. 104/2015, the petitioner stated that the provisions of Section 126-A of the Rules of 1989 mandate that apart from the prototype vehicle, every vehicle manufactured has to undergo the needed test to conform to the requirements of the said Rules. The Rule 126 has notified the agencies that should test and certify the compliance of the requirements of the said Rule.

The Bench observed that �this appears to be an easy procedure to check every vehicle manufactured at the manufacturing units before it rolls out of the factory, otherwise, taking every vehicle manufactured to the testing agencies situated at different places may not be a viable proposition for effective implementation of the aforesaid Rules.�

In the PIL, the court also took cognizance of the vires of Rule 118 of the Central Motor Vehicles Rules, 1989, which imposes installation of speed governors in certain categories of vehicles and excludes all other types of motor vehicles. The object of Rule 118 is to impose the speed limit of the vehicles. In so far as the vehicles in which speed governors are made mandatory, the movement of the vehicles within the speed limit prescribed would be ensured. However, for the excluded category of vehicles, discretion is given to the driver to maintain speed limit while driving. This discretion is always breached and overspeeding has been a major factor for accidents.

The Bench observed that it is desirable that the four-wheelers and the two-wheelers should also have in-built mechanical regulators for ensuring compliance of the prescribed speed limits on the highways and elsewhere, which is an imminent need for preventing the accidents caused due to overspeeding.