HC lift ban on issue of fitness certificates by 4 Mah RTOs

Court had earlier removed powers of RTOs to issue fitness certificates and also debarred them from conducting mandatory tests

The Bombay High Court today vacated its stay granted earlier on the issuance of fitness certificates to motor cars and taxis by four Regional Transport Offices in Maharashtra, after the State Government filed an appeal urging that the ban be lifted.

The stay was lifted by a bench headed by Justice Abhay Oka which asked Automotive Research Association of India (ARAI) to inspect the four RTOs located in Latur, Nashik, Pune and Mumbai Central and submit a report by March 24.

The matter has been posted for hearing on March 28.

The court had earlier removed the powers of these four RTOs to issue fitness certificates and also debarred them from conducting the mandatory tests. This was done after going through a Government affidavit which said that these offices were not properly equipped to conduct mandatory tests required under the Motor Vehicles Act.

Under the Act, it is mandatory for the RTOs to have 400 metres road track for testing. The vehicles are made to run at a speed of 40 kms per hour and asked to apply brakes suddenly. By doing this, the authorities find out at what distance the vehicles stop after applying brakes.

The four RTOs, which had been banned from issuing fitness certificates, have just 250 metres-long road tracks for carrying out the brake test.

The Government today submitted a report to the Court saying that experts have opined that 150 metres road track would be sufficient to carry out the tests. Hence, it was not necessary for the RTOs in the State to have 400 metres track.

Hearing the Government plea, the bench lifted its stay granted earlier on the mandatory tests and fitness certificates issued by four RTOs which were not equipped.

It is also a mandatory rule to make the headlight beam adjustment with a machine so that the light does not fall on the face of the driver coming from the opposite side. Even this condition was not complied with by the four RTOs.

The government said in the affidavit that they had been able to procure only 12 headlight beam machines because there was a shortage of such equipment at all India level. Such machines would be required in all 49 RTOs in the state.

The Court today suggested that the state should procure the machines at the earliest. The bench was hearing a PIL filed by activist Srikant Karve seeking a direction to RTOs to follow the Motor Vehicles Act.