The High Court of Karnataka on Thursday quashed two notifications issued by the Union government last year granting exemption to certain category of transport vehicles from fixing speed governors.
A Division Bench comprising acting Chief Justice Subhro Kamal Mukherjee and Justice Ravi Malimath passed the order while allowing a PIL petition, which had questioned the legality of exemption granted to transport vehicles weighing up to 3,500 kg; and new vehicles under M2 and N1 category till April 1, 2016.
The Centre had claimed the categorisation of transport vehicles was made on European Union standards and exemptions were granted after considering representation from the transporters who had expressed difficulty in fixing speed governors. The Bench observed that there was no proper explanation or justification for granting exemption and the exemptions granted were contrary to the order of the apex court in M.C. Mehta’s case of 1997, which did not make any distinction in category of transport vehicle for fixation of speed governors.
Many of the transport vehicles exempted from fitting speed governors were used to carry schoolchildren, employees of IT industry, etc. and thus endanger public safety, it was contended in the petition, filed by Y.N Nanjappa, who has been fighting for fixation of speed governors after he lost his 20-year-old son in a road accident in 1996.
