Overloading of motor vehicles: Centre asked to file affidavit

The Madras High Court today directed the Centre to file an affidavit with relevant documents listing steps taken and reviews carried out in pursuance to a 2012 circular issued by it to National Highways Authority of India in connection with the overloading of motor vehicles.
The First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundersh, before which a PIL filed by K R Ramaswamy came up, listed the matter for compliance to April 7.
It also directed the state government to file an affidavit setting out the steps taken for installing weight machines and within how much time the task would be completed, with the time schedule given for each such installation.

The matter relates to a direction to authorities for taking steps to curtail the menace of overloading of vehicles, which, in turn, causes deterioration of roads and possibility of accidents.
When the matter came up today, counsel for Ramaswamy submitted that there were directions of the Supreme Court on the steps to be taken against overloaded vehicles.
The bench in its order said no such order had been shown by the counsel, other than relying on the steps taken by the Ministry of Road Transport and Highways, vide circular dated January 10, 2012 addressed to the National Highways Authority of India, for checking of overloading of motor vehicles by installing weight machines in the national highways and toll plazas.

The circular refers to Section 114 of the Motor Vehicles Act, 1988, to offload the excess load at the cost of the driver/owner in addition to penalty under Section 194 of the said Act and compounding fee under Section 200, before permitting the vehicle to proceed. The action taken had to be informed to the Ministry on priority, which, after six months of the issuance of the letter, would be reviewed.
The bench directed the Centre to file an affidavit with regard to the steps taken on the basis of the above circular and reviews that were held.