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Judgment
In all these Writ Petitions, fixing of Gross Vehicle Weight of transport vehicles of Rigid category with three axles, two tyres on front axle and eight tyres on the rear tandem axle under the provisions of Motor Vehicles Act is the common question that arises for consideration,
Some of the petitioners in this batch of Writ Petitions have purchased Tata transport vehicle model LPT-2213 with three axles one front axle fitted with two tyres and a rear tandem axle fitted with eight tyres. The vehicles were initially fitted with the tyres of size of 9.00 x 20 and subsequently they were allowed to fix tyres size of 10.00 x 20. When the tyres were fitted with the size of 9.00 x 20, the Gross Vehicle Weight entered at 22,000 Kgs. However, when the revised size of tyres were fitted, the Gross Vehicle Weight was entered at 25,000 Kgs. It appears there were disputes about the Registered laden weight of the goods vehicles. The matter went upto Supreme Court. While disposing of the matters, the Supreme Court directed the Central Government to review the issue and issue appropriate notification u/s 58 of the Motor Vehicles Act. In pursuance of the directions of the Supreme Court, the notification was issued by the Central Government in S.O.728(E) dated 18-10-1996. It is stated that misconstruing the notification, the transport authorities have revised the Gross Vehicle Weight (for short ''G.V.W.'') and refixed at 22,000 K.gs. The said action is assailed in these Writ Petitions.
It is the case of the petitioners that in 1997, Tata company brought out a new model LPT-2213-A in order to allow the vehicle to carry more weight. The only alteration, which is changed after LPT 2213 is the size of tyres which is at 10.00 x 20. As far as the vehicle LPT 22I3-A is concerned, the G.V.W. is fixed at 25,000 Kgs. But, in respect of LPT 2213 with tyres size 10.00x20, the authorities are fixing only 22,000 Kgs. instead of 25,000 Kgs. Therefore, they seek appropriate directions.
On the other hand, the learned Government Pleader submits that the rating of G.V.W. is fixed by the Automobile Research Association of India, Pune in accordance with the provisions contained in Rule 125 and 126 of the Motor Vehicles Rules. For Tata vehicle model LPT 2213, the G.V.W. was fixed at 22,000 Kgs. while in respect of LPT 2213-A, the G.V.W. was fixed at 25,000 Kgs. The fixation of G.V.W. is final and it is not open for the operators to change the G.V.W. even though the size of the lyres were changed. The Supreme Court has also clarified that the G.V.W. fixed by the Central Government in notification issued u/s 58 of the Motor Vehicles Act is final. Therefore, the transport authorities are justified in fixing G.V.W. at 22,000 Kgs.
For proper appreciation of the case, it is necessary to refer to certain relevant provisions under the Motor Vehicles Act. Section 52 reads thus :
"52. Alteration in motor vehicle :-- (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate, unless :
(a) he has given notice to the registering authority within whose jurisdiction he has the residence or the place of business where the vehicle is normally kept, as the case may be, of the alteration he proposes to make; and
(b) he has obtained the approval of that registering authority to make such alteration :
Provided that it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle consequent on the addition of removal of fitting or accessories, if such change does not exceed two per cent of the weight entered in the certificate of registration;
Provided further that modification of the engine, or any part thereof, of a vehicle for facilitating its operation by a different type of fuel or source of energy including battery, compressed natural gas, solar power or any other fuel or source of energy other than liquid petroleum gas shall be treated as an alteration but that shall be subject to such conditions as may be prescribed.
(2) Where a registering authority receives a notice under sub-section (1), it shall, within seven days of the receipt thereof, communicate, by post, to the owner of the vehicle its approval to the proposed alteration or otherwise :
Provided that where the owner of the motor vehicle has not received any such communication within the said period of seven days, the approval of such authority to the proposed alteration shall be deemed to have been given.
(3) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in Official Gazette, authorise, subject to such conditions as may be specified in the notification, the owners of not less than ten transport vehicles to alter any vehicle owned by them so as to replace the engine thereof without the approval of the registering authority.
(4) Where any alteration has been made in a motor vehicle either with the approval of registering authority given or deemed to have been given under sub- section (2) or by reason of replacement of its engine without such approval under sub-section (3), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of the alteration may be entered therein.
(5) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority.
(6) No person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle for which approval of the registering authority is required under sub-section (1), except with the written consent of the required owner.
Explanation :-For the purpose of this Section "alteration", means a change in the structure of a vehicle which results in change in its feature.''''
Section 58 of the Motor Vehicles Act contains special provisions in regard to transport vehicles, which is extracted below :
"38. Special provisions in regard to transport vehicles :--(1) The Central Government may, having regard to the number, nature and size of the lyres attached to the wheels of a transport vehicle (other than a motor cab, and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relating to each make and model of a transport vehicle, the maximum gross vehicle weight of such vehicle and the maximum safe axle weight of each axle of such vehicle.
(2) A registering authority, when registering a transport vehicle, other than a motor cab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely :
(a) the unladen weight of the vehicle,
(b) the number, nature and size of the tyres attached to each wheel;
(c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and
(d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided,
and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle.
(3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles, different from that specified in the notification under sub-section (1) in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels :
Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modification as may be specified in the order.
(4) When by reason of any alteration in such vehicle, including an alteration in the number, nature or size of its tyres, the gross vehicle weight of the vehicle or the registered axle weight of any of its axles no longer accords with the provisions of sub-section (3), the provisions of Section 52 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weights which accord with the said sub-section.
(5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of subsection (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority''''.
It is not in dispute that the Central Government issued notification u/s 58 of the Motor Vehicles Act specifying the maximum Gross Vehicle Weight and maximum safe axle weight of each axle of such vehicle. It is also not in dispute that in respect of Tata model LPT-2213, the Automobile Research Association of India fixed G.V.W. at 22,000 Kgs.
It is the case of the petitioners that after the purchase of the vehicles - Model LPT 2213, they have changed tyres of size 10.00 x 20 with 16 ply instead of 9.00 x 20 with 14 ply rate with the permission of the authorities. By virtue of this, it amounts to alteration of the vehicle. In such case, Section 52 of the Motor Vehicles Act has to be taken aid of and not Section 58 of the Motor Vehicles Act (for short ''the Act''). By virtue of Section 58(4) of the Act, whenever any alteration of vehicle is made including the size of the tyres and consequently the G.V.W. of the vehicle or the registered axle weight of any of its axles do not accord with the provisions of sub-section (3), the provisions of Section 52 shall apply and the registering authority shall enter in the certificate of Registration of the vehicle revised registered weights which accord with the said sub-section. While Section 52 contemplates the permission to the owner of the Vehicle to alter the same by obtaining the approval of the registering authority. It is the case of the petitioners that it is only after the approval of the competent authority, the tyres were changed and G.V.W, which was fixed at 22,000 Kgs. was re-fixed at 25,000 Kgs.
It is the case of the petitioners that if alteration is permitted by the authorities and the tyres were allowed to be changed with higher size, it is incumbent on the part of the authorities to allow carrying of weight as specified in Rule 95 of the Central Motor Vehicles Rules, 1989. If lyre size of 10 x 20 with 16 ply rate is allowed to be fixed under the said Rule, the maximum weight which can be permitted to carry with the vehicle is over 31,000 Kgs. But, since the notification itself fixed the ceiling of 25,000 Kgs. therefore, it was restricted to 25,000 Kgs. Hence, the action of the respondents in refusing and refixing the maximum G.V.W. at 25,000 Kgs. is arbitrary and unjust.
By virtue of the provisions of Section 58 of the Act, the Central Government has issued notification on 18-10-1996 fixing the maximum G.V.W. and the maximum safe axle weight of each axle of such vehicles having regard to the size, nature and number of lyres. The notification is extracted below :
"Government of India Ministry of Surface Transport (Transport Wing)
New Delhi, the 18th Oct. 96.
NOTIFICATION
S.L. 728(E). In exercise of the powers conferred by sub-section (1) of Section 58 of the Motor Vehicles Act, 1988 (59 of 1988), and in supersession of the notification of the Government of India in the Ministry of Surface Transport, No.S.O.479(E), dated the 4th July, 1996 the Central Government hereby specifies that in relation to the transport vehicles (other than motor cabs) of various categories detailed in the Schedule below, the maximum gross vehicle weight and the maximum safe axle weight of each axle of such vehicles shall, having regard to the size, nature and number of tyres and maximum weight permitted to be carried by the lyres as per Rule 95 of the Central Motor Vehicles Rules, 1989, be-
(i) vehicle manufacturers rating of the gross vehicle weight and axle weight respectively for each make and model as duly certified by the testing agencies In the schedule, we are only concerned with transport vehicles in the category of Rigid Vehicles under clause (iv) which is extracted above. Therefore, the notification dated 18-10-1996 is the final authority for fixation. Main Gross Vehicle Weight (M.G.V.W) and Maximum Safe Axle Weight (M.S.A.W.). The notification fixed three alternative types of weights and out of those types whichever is the lowest shall be taken for compliance of Rule 126 of the Central Motor Vehicles Rules, 1989, or
(ii) the maximum gross vehicle weight and the maximum safe axle weight of each vehicle respectively as specified in the Schedule below for the relevant category, or
(iii) the maximum load permitted to be carried by the tyre (s) as specified in the Rule 95 of the Central Motor Vehicles Rules, 1989,for the size and number of tyres fitted on the axle(s) of the relevant make and" model whichever is less:
Provided that the maximum gross vehicle weight in respect of all such transport vehicles, including multi-axle vehicles shall not be more than the sum total of all the maximum safe axle weight put together subject to the restrictions, if any, on the maximum gross vehicle weight given in the said Schedule :
SCHEDULE
Transport Vehicles Category Max GVW Tonnes Maximum Safe Axle Weight
I. Rigid Vehicles:
(i) x x x x x
to
(iii) x x x x x
(iv) Three Axle 25.0 6 tonnes on front axle
Two tyres on front axle and Eight tyres on rear tandem axle. 19 tonnes on rear tandem axle"
In the schedule, we are only concerned with transport vehicles in the category of Rigid Vehicles under clause (iv) which is extracted above. Therefore, the notification dated 18-10-1996 is the final authority for fixation. Main Gross Vehicle Weight (M.G.V.W) and Maximum Safe Axle Weight (M.S.A.W.). The notification fixed three alternative types of weights and out of those types whichever is the lowest shall be taken as the Maximum Gross Vehicle Weight and Maximum Safe Axle Weight. These three types are :
(1) Manufacturers rating duly certified the testing agency or
(2) Main Gross Vehicle Weight and Maximum Safe Axle Weight as specified in the schedule to the notification dated 18-10-1996, or
(3) Maximum load permitted to be carried by the types specified in Rule 95 whichever is less,
It is admitted by the learned Counsel for the petitioners and the learned Government Pleader that the case of the petitioners fall under the category of alteration of vehicle. Therefore 1st type mentioned in notification is not applicable and the provisions of Section 52 shall apply. Under the said provisions, it is open for the owner of the vehicle to alter the vehicle with the approval of the Registering Authority. Under sub-section (4) of Section 52, the Registering Authority shall enter the particulars of alteration. In the event of the alteration of the vehicle, the procedure which has to be applied for fixing the maximum gross vehicle weight and maximum safe axle weight has to be considered. When the vehicle is altered, it is open for the authorities to change the weight of the vehicle in accordance with the Rules. Rule 95 of Central Rules contains the table containing the size of tyres, ply rate, maximum weight permitted to cany. If this is applied, the vehicles possessed by the petitioners would be allowed to carry about 31,000 Kgs as the tyres iked are 10 x 20 with 16 ply rate. Therefore, the weight between clauses (2) and (3) whichever is lesser should be fixed. Section 58(4) itself stipulates that after applying Section 52, the revised registered weights should be in accordance with the notification issued by the Central Government under sub-section (1) of Section 58 and no other weight is permissible under sub-section (2) of Section 58. Since the Rule 95 permits maximum vehicle weight upto 31,000 Kgs. but yet the ceiling fixed in the notification dated 18-10-1996 should be taken as permissible maximum weight as no transport vehicle shall be allowed to have the maximum weight more than what is fixed under the notification and the weight fixed under the notification is lesser than the permissible weight under Rule 95 of Central Rules. Therefore, the inevitable conclusion is that the vehicles of the petitioners and other transport vehicles falling under rigid category with three axles - two tyres on front axle and eight lyres on rear tandem axle shall be allowed the Maximum Gross Vehicle Weight at 25,000 Kgs. (25 tons.) with maximum safe axle weight of 6 tonnes and 19 tonnes on the front axle and rear tandem axle respectively. I find accordingly.
It is the contention of the learned Government Pleader that the rating of the vehicle is done by Automobile Research Association of India, Pune and in respect of LPT 2213, the rating was fixed at 22,000 Kgs. and the rating for LPT 2213A with tyre size of 10 x 20 was fixed at 25,000 Kgs. Mere change of size of tyres does not confer any right on the owner to seek higher vehicle weight for a model vehicle for which the manufacturers recommended only 22,000 Kgs and the rating approved by the Automobile Research Association of India was also fixed at 22,000 Kgs. The Change in the size of tyres may result in increase in the maximum load permitted under Rule 95, but that cannot effect the approved rating. Even in the central notification dated 18-10-1996, it was mentioned ''whichever is less''. Since the manufacturers rating was fixed only 22,000 Kgs. the same has to be carried and unless and until the rating is revised in respect of LPT 2213 upto 25,000 Kgs. no rating can be increased.
It is true that as per the service information furnished by Telco Ltd. which manufactures LPT 2213 and 2213-A, it was stated that the purpose of introducing LPT 2213-A is only to facilitate the registration of LPT 2213 for higher gross vehicle weight, but that is not final.. As already stated we are not concerned with clause (1) of notification being the altered vehicles.
The learned Counsel for the petitioners also states that the very same vehicle registered in Tamil Nadu and Kamataka, the authorities are permitting to cany maximum weight at 25,000 Kgs. and necessary entries have also effected in the relevant certificates. But, it is only in Andhra Pradesh, action contrary to the rules is taken. It is also stated that on account of this disparity, the vehicle owners are registering their vehicles in Tamil Nadu and Kamataka and thereby enormous revenue of the State is being eroded. I am not inclined to go into these submission and we are concerned with the interpretation of statutory provision and the notification issued by the Central Government.
The learned Counsel for the petitioners also placed before this Court the judgment of the learned single Judge of Madras High Court in W.P.No.2133/1997 and batch dated 16-7-1997 in respect of the same issue. I have perused the judgment. That case stands on a different footing though the same relief was granted. Section 52 with reference to notification dated 18-10-1996 was not considered.
In the result, the Writ Petitions are allowed and there shall be a direction to the Respondents to fix the Maximum Gross Vehicle Weight at 25,000 Kgs. (25 tonnes) in respect of petitioners vehicles and also similarly situate vehicles viz., Rigid Vehicles covered by Clause (iv) of the Schedule to notification dated 18-10-1996 and fitted with tyres size 10 x 20 with 16 ply rate after obtaining permission of the Registering Authority as required u/s 52 of the Act.
No costs.