Kerala High Court allows use of automatic, electric vehicles for driving tests

The Kerala High Court recently set aside several provisions of a circular issued by the Kerala State Transport Commissioner that imposed new conditions on driving schools and learners. [All Kerala Motor Driving School & ors v The Transport Commissioner & ors]

Among the provisions struck down in the judgment passed by Justice N Nagaresh is one that banned the use of automatic vehicles and electric vehicles for driving tests for Light Motor Vehicles (LMV).

This would mean that driving tests can now be conducted using automatic vehicles and electric vehicles.

The judge observed that while the State government may streamline procedures for conducting driving tests, it cannot issue binding instructions on such matters like vehicle type or equipment to be used in instruction.

Only the Central government is empowered to make such decisions under Section 12 of the Motor Vehicles Act, 1988, the Court said.

"Since the rule making power relating to Driving Schools are specifically conferred on the Central Government under Section 12, the powers conferred on the officers under the Motor Vehicles Department including Transport Commissioner cannot encroach upon the rule making power specifically conferred on the Central Government," the judgment stated.

It held that the provisions in the circular relating to mandatory use of motorcycles with leg-gear above 95cc, disqualification of vehicles over 15 years old (later amended to 18 years), prohibition of automatic/electric vehicles for tests, mandatory installation of cameras and tracking devices in LMVs, all fell squarely within the domain of the Central government under Section 12.

It, therefore, struck them down as being legally unsustainable.

The judgment was delivered on a batch of writ petitions filed by motor driving school owners, instructors, and licence applicants challenging circular No 4/2024 issued by the Kerala Transport Commissioner on February 21, 2024 and the subsequent Government Order dated May 4, 2024, which sought to implement the instructions in the circular with slight modifications.

The circular in question brought several changes to the driving licence test framework in Kerala.

The petitioners argued that the provisions in the circular went beyond the authority of the State and violated their fundamental rights under Articles 19 and 21 of the Constitution.

On the other hand, the State defended the measures as necessary for improving road safety, citing the rise in traffic accidents and outdated driving school infrastructure.

After examining the statutory scheme, the Court concluded that the State had overstepped the limits of its authority in issuing many of the instructions in the circular.

The following provisions of the circular were found to be beyond the State's authority:

1. For driving tests for “motorcycle with gear”, only motorcycles with leg-gear selection and more than 95 CC engine capacity should be used;

2. The vehicles now included in driving school licences, which are more than 15 years old, should be removed before 01.05.2024 and instead, vehicles less than 15 years old should be included in the licences;

3. For driving test for Light Motor Vehicles, vehicles with automatic gear/ automatic transmission and electric vehicles shall not be used;

4. The Driving School owner should fit Dashboard Camera and Vehicle Location Tracking Device (VLTD) for test recording, in the LMVs used by the Driving School. The MVI should retain the Memory Card in which Test is recorded, the data should be transferred to Office Computer and then return the Memory Card.

Hence, it struck down the above four provisions.

However, the Court upheld several other provisions in the circular which it found to be within the permissible scope of administrative directions.

These include the requirement that road tests be conducted on public roads, the inclusion of complex manoeuvres like angular and zig-zag parking in ground tests, limits on the number of tests per day, and the requirement that instructors accompany test candidates.

Petitioners were represented by Senior Advocate S Sanal Kumar, and advocates OD Sivadas, Premchand M, MB Sandeep, SM Prasanth, TJ Seema and others.

The State was represented by Special Government Pleader P Santhosh Kumar and the Centre by Senior Panel Counsel TC Krishna.

[Read Judgment]