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Tourist buses can’t operate as stage carriers: Kerala HC

by Blitz India Media
November 30, 2023
in Kerala
Kerala
Team Blitz India

NEW DELHI: The Kerala High Court has ruled that all-India tourist vehicles cannot be allowed to function as stage carriages, emphasising that violators will face penalties.

The court’s decision came in response to a writ petition filed by tourist bus operators from Kollam against the Motor Vehicle Department (MVD) for imposing fines on them. Justice Dinesh Kumar Singh said, “All-India tourist vehicles cannot be permitted to operate as stage carriages as it is detrimental to the stage carriage operators, including KSRTC.|”

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“If the petitioners are found to be violating the permit conditions, they are liable to be fined. Considering the urgency of the matter, on an interim basis, it is directed that the petitioners pay 50 per cent of the challan amount, with the remaining amount subject to the outcome of the writ petition,” added Justice Singh.

In the present writ petition, the bus owners-petitioner had prayed inter alia to stay the operation and implementation of penalty challans pending disposal of the petition, and further to restrain the authorities and officials from detaining their vehicles having a valid all India tourist permits on the strength alleging violation of section 66(1) of the Motor Vehicle Act, 1988, for the reason that the passengers in the vehicle are boarding alighting from different points enroute.

As per the State Bus Department though the petitioners’ vehicles had an all-India tourist permit in effect, they were operating as stage carriage, in violation of the permit conditions. Therefore, it was submitted that the penalty challans had been issued to the petitioners for violating the all- India tourist permit conditions.

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