'Are transport vehicle fitness certificate norms followed?' HC asks

PUNE: The Bombay high court has directed the Automotive Research Association of India (ARAI) to submit a report by August 31 on whether or not the regional transport offices (RTOs) in Pune, Mumbai, Nashik and Aurangabad are abiding by the norms related to the issuance of fitness certificate norms issued to transport vehicles. Fitness certificates for transport vehicles are critical to maintaining public safety on roads and averting road accidents. The Central Motor Vehicle Rules (CMVR), 1989, provides an elaborate procedure for transport vehicle inspection by RTO officials on various parameters before they are certified as fit to operate. The certificates are issued for a specific period and are subject to renewal. As per the court directive, an expert team of ARAI, which is a collaborative research institute of the country's automotive industry and the ministry of heavy industries and public enterprises, will have to conduct surprise checks at these RTOs and submit their report to the court . The court's directives, issued on July 17 and June 18 by a division bench of justices A S Oka and G S Patel, was in response to a public interest litigation (PIL) filed by Pune resident Shrikant Madhav Karve alleging that the RTOs were issuing vehicle fitness certificates in breach of the norms laid down by the Rule 62 of the CMVR.Karve had stated in his petition that considering the number of fitness certificates issued on a day and the number of officers working in RTO, Pune, "it is obvious that certificates of fitness are being issued in a very casual manner without conducting requisite tests as per CMVR Rule 62". He had further contended that a similar situation prevails in other RTOs across the state. Pune: The Bombay high court has directed the Automotive Research Association of India (ARAI) here to submit a report by August 31 on whether the regional transport offices (RTOs) in Pune, Mumbai, Nashik and Aurangabad are abiding by the norms related to the issuance of fitness certificate to transport vehicles. Fitness certificates for transport vehicles are critical to maintaining public safety on roads and averting road accidents. The Central Motor Vehicle Rules (CMVR), 1989, provides an elaborate procedure for vehicle inspection by RTO officials on different parameters before they are certified as fit to operate on roads. The fitness certificates are for a specific period and are subject to renewal. As per the court directive, an expert team of ARAI, which is a collaborative research institute of the country's automotive industry and the ministry of heavy industries and public enterprises, will have to conduct surprise checks at these RTOs and submit their report to the court in a sealed envelope; ensuring that the same is not made available to other parties without the court's permission. The court's directives, issued on July 17 and June 18 by a division bench of justices A S Oka and G S Patel, was in response to a public interest ligitation (PIL) filed by Pune resident Shrikant Madhav Karve alleging that the RTOs were issuing vehicle fitness certificates in breach of the norms laid down by the Rule 62 of the CMVR, 1989. Karve had stated in his petition that considering the number of fitness certificates issued on a day and the number of officers working in RTO, Pune, "it is obvious that certificates of fitness are being issued in a very casual manner without conducting requisite tests as per CMVR Rule 62". He had further contended that a similar situation prevails in other RTOs across the state. In its June 18 order, the court had expressed its displeasure over state transport commissioner V N More's affidavit which stated that it is not always possible to inspect all the transport vehicles strictly as prescribed, considering the shortage of manpower. The order stated that "...there is a statement by the highest officer of the transport department of the state government which clearly admits that Rule 62 of the CMVR, 1989, is being followed in breach. To say the least, this is a shocking state of affairs." The court then issued a slew of directives to the state government as part of remedial measures to ensure better fitness checks and has sought the latter's compliance report by the next hearing of the matter on August 8. After the petition was filed last year, the state government had appointed a committee to look into the aspect of non-compliance of Rule 62 of the CMVR. In its report submitted on September 6, 2012, the committee made a number of recommendations. The court in its June 18 directive asked the government to take steps to implement these recommendations. It has also asked the state to appoint 150 assistant motor vehicle inspectors and 75 inspectors on priority, as part of the state government's plan to create additional posts of 300 assistant inspectors and 150 inspectors in two phases.

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