GANGADHARAN Vs. REGISTERING TRANSPORT OFFICE KANNUR

JUDGEMENT

(1.) THE petitioner has applied for assignment of vehicle registration mark in terms of S. 47 of the Motor Vehicles Act, which was declined for the reason that the petitioner has not fitted emergency door in terms of SRO 482/2002, by which the Kerala Motor Vehicles Rules were amended. According to the petitioner, the vehicle purchased by the petitioner and brought to Kerala was registered in Karnataka Stateunder S. 46 of the Act, which has validity all over India . After the petitioner purchased and brought the vehicle to Kerala, he wants to have new registration by the Registering Authority in Kerala and an application under S. 47 of the Act is filed. THE Government has vide SRO 482 of 2002 amended the Kerala Motor Vehicles Rules which provides for fitting of emergency door for stage carriage registered in the State after 1. 8. 2002 or on reconstruction of the body after the said date. R. 280 (4) and (5) which are relevant in this regard are extracted hereunder for easy reference: 280. Entrance and exit : (4) Every stage carriage shall be provided with an emergency exit in the form of door hinged at the top with dimensions one hundred and fifty centimeters horizontally and one hundred and twenty centimeters vertically capable of being operated both from inside and outside fitted at the rear wind screen. This exit shall be prominently inscribed in yellow colour "emergency Exit" both inside and outside. (5) THE provisions of this rule shall not so apply to a stage carriage registered before 1st August 2002 but shall apply when its body is reconstructed, at any time, subsequent to the above date. From the above, it is clear that sub-r. (4) provides for fitting of emergency door in every stage carriage, if the vehicle is registered on or after 1. 8. 2002. THE registration referred to in R. 280 (5) of the Motor vehicles Rules has to be taken as first registration under S. 46 of the Act and not assignment of new registration on transfer. THErefore the provision for emergency door does not apply to the stage carriage registered outside Kerala prior to 1. 8. 2002 and brought to Kerala and registration sought under S. 47 of the Act. However, such of the vehicles registered outside Kerala on or after 1. 8. 2002 without emergency door fitted and brought to Kerala are not entitled to assignment of new registration under s. 47 without emergency door. THErefore the stage carriage which was registered outside Kerala without emergency door prior to 1. 8. 2002 and brought to Kerala is entitled to change of registration under S. 47 of the Act without the necessity of fitting emergency door. THE Original Petition is disposed of directing the RTO to register the vehicle of the petitioner without requiring the petitioner to fit emergency door if it was registered outside Kerala prior to 1. 8. 2002 or otherwise if the vehicle was registered outside Kerala on or after 1. 8. 2002 without the emergency door then new registration under S. 47 can be granted only after the petitioner fits the emergency door to the vehicle. . .