Kerala High Court directs Central government to consider imposition of penalty on drivers using Fastag lane without Fastag at toll plazas

The Kerala High Court on Monday directed the Central government to consider whether a penalty can be imposed on drivers who use the lanes reserved for vehicles fitted with Fastag at toll plazas [Nithin Ramakrishnan v Union of India]..Justice VG Arun further directed the government to consider whether amendments could be made to the Motor Vehicles Act so as to impose penalties on vehicles causing obstruction to the free flow of traffic at toll plazas."Therefore, the Central Government ought to seriously consider whether penalty can be imposed against drivers using the lanes reserved for Fastag vehicles, without fitting Fastag or with expired Fastag. It is also to be considered whether an appropriate amendment could be brought about to Section 201 of the Motor Vehicles Act, 1988, so as to impose penalty on vehicles causing obstruction to free flow of traffic at toll plazas," the court said.The Court also directed the State Government and the State Police Chief to consider whether persons causing unnecessary issues and obstructions at toll booths could be proceeded against under Section 120 or any other provision of the Kerala Police Act, 2011..The Court was considering a petition moved by a person aggrieved by the loss of valuable time at the Paliyekkara Toll Plaza near Thrissur, because of long queue of vehicles.The petitioner alleged that the delay on the part of the Concessionaire's staff in collecting the toll and their disputes with the drivers were resulting in the traffic snarls..The counsel for the petitioner contended that even after the introduction of the Electronic Toll Collection (ETC) system, there is disruption in the free flow of traffic. He further contended that in the event of such disruption, the Concessionaire is bound to permit the vehicles to pass through without paying toll until normalcy is restored according to the National Highways Authority of India (NHAI) Policy Circular/Guidelines dated May 24, 2021..However, the NHA and the Concessionaire denied the allegation and asserted that, after the introduction of ETC (Fastag), the movement of traffic through the toll gates has become unhindered and occasional delay happens only when vehicles not fitted with Fastag or without sufficient balance in their Fastag attempt to pass through the lanes set up apart for vehicles fitted with Fastag..They further contended that the guidelines relied on by the petitioner are prospective in nature and cannot be made applicable to the Paliyekkara Toll Plaza..The Court noted that the NHAI itself had admitted that there are a huge number of vehicles crossing the toll plaza daily and, therefore called, for immediate intervention regarding the loss of time at the Paliyekkara Toll Plaza." Therefore, any delay at any of the toll booths will have a cascading effect on the movement of vehicles, thereby affecting the lives and livelihoods of the commuters, who are made to pay the toll based on the promise to provide hassle-free movement of vehicles through good roads," the Court said..Therefore, the Court directed concerned authorities including the NHAI and the Concessionaire to devise ways and means to ensure smooth and uninterpreted flow of traffic through the Paliyekkara Toll Plaza with immediate effect.The Court said it may have to require the authorities to give effect to the Guidelines in the larger public interest if they fail to devise a plan.The case will be heard again on February 17. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.