S BIJU Vs. REGISTERING AUTHORITY

JUDGEMENT

(1.) The petitioner is aggrieved by the non registration of the vehicle on the ground that the body built on the chassis does not conform to the safety standards as prescribed by the Motor Vehicles Act and the Rules framed thereunder. The petitioner's application was rejected as per Ext.P3 by the Original Registering Authority and the said rejection was confirmed by the Appellate Authority as is evident from Ext.P4. The rejection of the application by the Original Registering authority as also the Appellate Authority was based on the findings of an inspection report as provided under the Act and the Rules. The inspection report pointed out the following defects which were relied on by the Registering Authority to reject registration to the petitioner's vehicle.

(2.) In the present case, the objectionable rear overhang is to an extent of 45 cm. Going by the dimensions of the vehicle as is noticed in Ext.P4, the wheelbase is 430 cm, and the overhang for the vehicle is upto 60% of the wheelbase; which in the present case would be 258 cm. Overhang even going by Ext.P4 is only 215 cm, which is within the limit provided under Rule 93(6). Hence, the said objection cannot be held to be valid. On a reading of the inspection report as has been extracted above, there are five other defects pointed out which, according to the authority, would affect the safety of the vehicle. But for enumerating the defects, nothing is referred as to how this affects the safety of the vehicle. It is also pertinent that the provision of emergency exit is as provided under Rule 128(4) of the Central Motor Vehicles Rules, 1989, cannot at all be exempted. The petitioner, if produces the vehicle curing the defects as to the safety standards, then, necessarily the Registering authority would have to inspect the vehicle and satisfy itself on the safety standards as also its road worthiness. Exts.P3 and P4 are set aside only for the purpose of reconsidering the registration of the petitioner's vehicle provided the same is produced curing the defects pointed out and maintaining the safety standards. However, no objection with respect to the rear overhang as has been noticed in Exts.P3 and P4, can be raised by the Registering authority. If the vehicle is produced, the Registering authority shall, after getting an inspection report as is provided under the Act and the Rules, consider the application for registration within a period of two months thereafter.