Rules providing for levying penalty should be enforced: HC

Observing that the fine amounts for overloading are not charged correctly as rules provide, the Madras High Court today made it clear that rules providing for levying of penalty should be fully enforced forthwith in case of excess load.
The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, was passing the orders on a PIL filed by social activist 'Traffic' K.Ramaswamy seeking a direction to authorities on his representation for curtailing the 'overload menace' by commissioning effective modernized combined check-posts within the borders of Tamil Nadu.
National Highways Authorities of India submitted that the persons manning the vehicles create an unpleasant situation, making it a law and order issue while collecting the fine amounts for the excess loads they carry.

"This, to our mind, can hardly be an excuse. The very purpose of penalty is to serve as a deterrent to such overloading which causes damage to the highways requiring repairs at a high cost, apart from such vehicles being prone to accidents, causing loss of life. There cannot be breach of law with impunity and force," the bench said.
"The state government is directed to make arrangements for police force to be available on call in such a situation as any case of law and order even on the national highways in the state is the responsibility of the police."

"The relevant telephone numbers at which calls are being made at the Toll Plazas (should) be indicated within 10 days from today to the Toll Plazas," it said.

The Tamil Nadu National Highways Toll Plazas in its counter submitted that efforts are being made to complete installation of WIM (Weigh in Motion) and SWB (Static Weigh Bridges) in all Toll Plazas under the jurisdiction of NHAI in Tamil Nadu by June 30 and SWB by September 30, 2016.
Counsel for the petitioner claimed that there was hesitation on the part of the authorities to ensure that all vehicles go through the weighing process and implementation at the ground level was tardy.

It was brought to the notice of the bench by the
authorities concerned that there was no facility at the check- posts to deload the excess quantity and to safeguard the material.
"We are of the view that how this is to be implemented is the business of the authorities concerned. It may also be explored whether more practical methods could be adopted to impose penalty and instead of overloading, the vehicle be turned back, to act as a deterrent," the bench said.
Counsel for the petitioner submitted that an integrated modernized checkpost was ready by April, 2015 at Pethikuppam in Tiruvallur district at NH-5 which is the main road for transportation from Andhra Pradesh. But it was still not being made operational allegedly on account of pressure from the transporters, it was submitted.

"We see no reason why when this modernized checkpost constructed at such a cost is available, it should not be used, the bench said, adding it should be used on or before April 30, 2016.