Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Central Motor Vehicles Rules, 1989

Tuesday, August 23, 2011
Central Motor Vehicles Rules, 1989

Central Motor Vehicles Rules, 1989 — Rule 93, sub-Rules (3) and (3A) — These sub rules specifically refer to vehicles that are for the purpose of carrying heavy loads and not for carrying tourists.

 
Central Motor Vehicles Rules, 1989

Central Motor Vehicles Rules, 1989 — Rule 128 and Rule 93 — Argument that Rule 93, which regulates the overall dimensions of motor vehicles, by virtue of Rule 128(1), get incorporated into Rule 128, held, cannot be accepted in toto — It is not the whole Rule 93 that is incorporated into Rule 128 — On a plain reading of Rule 93 (3) and (3A), on which the transporters, in the present case, have heavily relied upon, it is clear that these Sub-Rules are not applicable to tourist vehicles, as sub- Rule (3) is applicable only to “an articulated vehicle or a tractor-trailer combination specially constructed and used for the conveyance of individual load of exceptional length” and sub-Rule (3A) is applicable to “construction equipment vehicle” — Only sub- Rule (1) of Rule 93, which is in reference to “a motor vehicle”, will be incorporated and read into Rule 128 by virtue of sub-Rule (1) of Rule 128 — In other words, the effect of Rule 128(1) with regard to the conformation to the dimensions specified in Rule 93 are applicable to tourist vehicles and no other sub-Rule.

 
Central Motor Vehicles Rules, 1989

Central Motor Vehicles Rules, 1989 — Rule 128 and Rule 93 — Held, Rule 128 is a special provision for tourist vehicles which excludes General Rule 93 to the extent of conflict between the former and the later.

 
Central Motor Vehicles Rules, 1989

Central Motor Vehicles Rules, 1989 — Rule 128(9) — Scope of — Held, Rule 128 (9) is a special provision meant for laying down specifications for a tourist vehicle — The sub-Rule specifically provides that in a tourist vehicle, the permit holder should only provide luggage holds at the rear or at the sides or both, of the tourist vehicle with sufficient space and size — When the Rules specifically make a provision in regard to the place where luggage holds shall be provided by necessary implication, it goes to exclude all the other places of the tourist vehicle for being used as luggage holds.  

 
Central Motor Vehicles Rules, 1989

Central Motor Vehicles Rules, 1989 — Rule 128(9) read with  Rules 93 and 125C — Motor Vehicles Act, 1988, Section 2(43) — Transporters, held, can only provide luggage space at the rear or the sides of a tourist vehicle as mandated by Rule 128(9) of the Central Motor Vehicles Rules, 1989 and no luggage can be carried on the roof of the vehicle — Restriction imposed by the Rule 128(9) is a reasonable restriction keeping in view the safety of the passengers in a tourist vehicle and is not violative of Article 19(1)(g) of the Constitution — Constitution of India, 1950, Article 19(1)(g).

 
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