Hear cases of seized vehicles through video-conference: HC

‘Repeat violation by vehicle driver or owner must reflect on online platform’

Observing that an overloaded transport vehicle was a “virtual death trap with wider net”, Justice P. Naveen Rao of the Telangana High Court directed the State government to initiate immediate steps to install a mechanism using information technology for online monitoring of offences committed by transport and passenger vehicles.

Delivering judgment in a batch of writ petitions filed by owners of vehicles seized by officials for overloading and other violations, the judge said such online monitoring system should be made accessible to police, transport and industries officials. Repetition of the violation by the vehicle driver or owner must reflect on the online platform and the authorities should take action on them, the judgment said.

A time frame should be fixed for prosecution of owners and drivers repeatedly indulging in violations and guidelines could be formulated for fixing the time frame.Writ petitions against seizure of vehicles alleging violation of Motor Vehicle Act-1988 were not maintainable ordinarily. Before initiating writ proceedings, the vehicle owner or driver should avail statutory remedies, the judgment said.

It was for the Road Transport Authority Secretary to take the call on the application for the release of a seized vehicle by imposing conditions. However, it was necessary to assess the road worthiness of the vehicle, the judge said. Seizure of a motor transport vehicle must be video-recorded.

The video footage capturing movement of the vehicle indulging in violation should be obtained and made part of the case record. Referring to allegations of delay in release of seized vehicles, the judge suggested that the government think of an online web portal to expedite the process of decisions on releasing the vehicles.

The authorities could also explore creating a separate web page on existing portal or a separate mobile application for this. The hearings could be conducted through video-conferencing doing away with the system of vehicle drivers or owners personally going around the offices.