Ensure private buses don't honk, overtake on city roads: Kerala High Court

The Kerala High Court on Tuesday directed the Police Commissioner and the Regional Transport Authority in Kochi to immediately issue orders prohibiting private transport buses from using horns in city limits and to ensure that they ply only on the extreme left side of city roads [Aboobacker KA & Ors. v Joint Regional transport Offices]. .Justice Amit Rawal issued a slew of directions with regard to the operation of private buses and auto-rickshaws in Ernakulam district. The directions among other things mandated that the registration of new auto-rickshaws should not exceed the per-capita population requirements in the district as the same may lead to even more congestion of the roads. "Accordingly, there shall be directions to the Police Commissioner of Kochi/ Ernakulam as well as the Regional Transport Authority, Kochi/ Ernakulam to immediately issue an order of prohibiting the private transport buses not to use horn in city and ply on extreme left side of the road without overtaking each other or other private vehicles. This direction shall also be applicable to the auto-rickshaws and shall ensure that the registration or issuance of the auto-rickshaws do not increase per capita population of Kochi/ Ernakulam and to prevent further congestion of the road as the width of the road owing to the paucity of the place is not conducive for plying transport vehicles in large number," the Court said in its judgment.Further, the Court directed the authorities to issue orders fixing the speed limit of private buses and auto-rickshaws and also issue directions for fixing speed governors so that any driver who intends to increase the speed is prevented from doing so..The directions were issued on a petition moved by a group of auto-rickshaw drivers against a decision of the Regional Transport Authority which imposed restrictions on the number of vehicles that can be plied and parked in Perumbavur city in Ernakulam. Since the petition did not challenge the order of the concerned Municipality on the basis of which the said decision was made, the Court dismissed the petition..However, while dealing with the petition, the Court came across the fact that many auto-rickshaws plying in Kochi and other cities in Ernakulam district do not follow traffic rules. "They adopt the rule of convenience and not the rules by stopping at their convenience for picking up the passengers midway of the journey and beyond the capacity granted in the permit which results into risk of accident. Not only this, even the transport vehicles like passenger private transport buses plied in the City of Cochin/Ernakulam also perpetually uses the horns in overtaking and while plying on the road. Most of the vehicles are overtaking each other or the other private vehicles risking the life of the passengers on the road and other passengers travelling in other vehicles," the Court noted in its judgment.Moreover, it also observed that some of the buses looked very old which could be a violation of the Motor Vehicles Act which does not permit such vehicles to be run beyond 15 years. Even though there may be cases where fitness certificates are being issued by the Regional Transport Authority, the court opined that there must be restrictions on the same."There has to be a time-line as to till what time the fitness certificate can be issued. In other words, whether it can be permitted beyond 15 years by relaxation or granting exemptions," the Court said..Accordingly, the Court directed the Police Commissioner, Kochi and the Regional Transport Officer, Ernakulam to file the status report regarding the compliance with the order by June 8. .[Read Judgment]