FR GEORGE PANAKEZHAM Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The question that has come up for consideration in this case is as to whether the registering authority has got legal right to sanction alteration of goods carriage vehicle into a passenger transport vehicle under the Motor Vehicles Act and Rules.

(2.) Central Motor Vehicles Act, 1988 and the Rules framed thereunder oblige every manufacturer of motor vehicle other than trailers and semi - trailers to submit the prototype of the vehicle to be manufactured for test by the Vehicle Research and Development Establishment of the Ministry of Defence of the Government of India or Automotive Research Association of India, Pune, or the Central Machinery Testing and Training Institute, Bundni (MP) or the Indian Institute of Petroleum, Dehradun and such other agencies as may be specified by the Central Government for granting a certificate by that agency as to the compliance of provisions of the Act and Rules. After the commencement of the Motor Vehicles Act, 1988 and Rules, 1989, all the vehicles are approved for registration, subject to the compliance of prototype test. R.126 of the Central Rules is extracted below for easy reference:

(3.) Applications are being received by the registering authority from individuals seeking permission for change of the commercial vehicle to that of passenger vehicle. Ministry of Surface Transport considered the matter and subsequently, issued a communication No. RT - 11011/1/88 - TAG dated 31.7.1990 to all the State Transport Authorities and Regional Transport Authorities in the country, which reads as follows: