Kerala High Court upholds circular on action against operation of tourist vehicles as stage carriages

The Kerala High Court has upheld a circular of the Transport department directing the Motor Vehicles department officials to take action against unauthorised operation of various tourist buses as stage carriage vehicles.

The interception of a bus, named Robin, which conducts service from Pathanamthitta to Coimbatore, by the motor vehicles officials for operating as a stage carriage had run into a controversy and led to the legal battle.

Justice N. Nagaresh passed the verdict recently dismissing a batch of writ petitions filed by tourist bus operators, including the operator of Robin bus, challenging the circular. The operators had also challenged memos issued to them for operating the services as stage carriage vehicles in violation of the provisions of the Motor Vehicles Act.

Justified

The court declared as prima facie justified the Motor Vehicles department’s action, including interception of vehicles, issuance of challans and seizure of vehicles for the violation of permit conditions.

The court observed that a tourist vehicle being a contract carriage, there should be a prior contract by a passenger or a group of passengers for that carriage to be used as a whole for transporting passengers for a fixed or agreed sum. They should carry a list of tourists in electronic or physical form, which shall contain the details of origin and destination of each tourist. Such a list should be ready and complete before the vehicle starts its journey under a contract.

The court also observed that a tourist vehicle operator does not have a right to stop the vehicle to pick up or drop off passengers not included in the contract, enroute a journey. In other words, a tourist vehicle cannot run its service like a stage carriage vehicle.

KSRTC plea disposed

The court also disposed of a petition filed by the Kerala State Road Transport Corporation (KSRTC) against the operation of contract carriages (tourist vehicles) as stage carriage buses. Counsel for KSRTC Deepu Thankan argued that tourist vehicles could not run their services like stage carriages, picking up passengers at various points and dropping them off at various destinations. Such operation of tourist buses was against the Motor Vehicles rules. Besides, it would adversely affect the revenue of the KSRTC.