SREELATHA P.S Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioners, who are owners of motor vehicles, are challenging the orders of the respondentRegional Transport Officer rejecting the requests submitted by the petitioners for revising the Gross Vehicle Weight (GVW) entered in the Certificate of Registration in accordance with the Notification issued by the Central Government under Sec. 58(1) of the Motor Vehicles Act, 1988.

(2.) The petitioners state that by Ext.P1 Notification dtd. 18/10/1996, the Government of India specified the maximum Gross Vehicle Weight and the maximum Safe Axle Weight of axle of the transport vehicles of various categories prescribed in the Schedule to the Notification. As per Ext.P1, in the case of rigid vehicles having two axles with two tyres on the front axle and four tyres on the rear axle, the maximum Safe Axle weight was specified as 16.2 tonnes. Ext.P1 further specified that if the rating of the gross vehicle weight or axle weight by the vehicle manufacturer is less than that specified for such vehicle in the Schedule, the former rating would be recorded in the Certificate of Registration.

(3.) Therefore, even though the maximum Gross Vehicle Weight and maximum Safe Axle Weight specified in the Schedule was 16.2 tonnes in the case of rigid vehicles having two axles with to tyres on the front axle and four tyres on the rear axle, the petitioners' goods carriages were registered with a maximum Safe Axle Weight of 15.6 tonnes only since that was the rating given by the vehicle manufacturer.