Kerala Motor Vehicle Rules,1989

 

 Rule 170--It is only the concerned Regional Transport Authority of the region who is competent to consider, decide  and grant  the temporary permit under Rule 170 of the Act and not the Secretary, Regional Transport Authority.–A,K.Hameed &another vs V.K.Ashokan & others –W.A. No.2200/99 dated 14.10.99 –AR.Lakshmanan (J) ,S.Sankarasubban (J)

Secs.28 & 213 & Motor Vehicles Rules, 1989. Rule 405 -- Transport Commissioner has the power to issue orders prescribing conditions and conduct for getting learners licence, driving licence and conducting driving test by driving schools . Circulations issued by the Commissioner is valid. [All Kerala Motor Driving School Workers Welfare Assn. Vs. State of Kerala. 1999(2) KLT 217 = 1999(1) KLJ 782. S. Sankarasubban,(J).]

 Sec. 87 & 88(7) & Motor Vehicles Rules, 1989 - Rule 1333(1)(j) & (m) & 170 - Secretary RTA could issue temporary permit on inter-district route , for a period not exceeding four months, only if RTA or RTA of other region or regions had already given concurrence or for the particular occasion, so as to operate in their region or regions by way of temporary permit. [ Benny Mathew vs Mohanan 1999(2) KLT 595

Sec.88 (7) - Rule empowers the RTA to delegate his power to its Chairman is the power to grant prior concurrence referred to sub-rule ( c ) of Rule 170 only. A reading of the above rule would disclose that there is no delegation of the power to the Chairman , RTA. To grant permit under rule 133 (4) of the Rules. It is therefore clear that either the RTA or its Secretary alone has the power to grant temporary permit . 
Authorities while granting temporary permit should give positive finding of a temporary need and the statement of reasons generally support that finding. It is necessary that the RTA should primarily apply its mind before granting permit . [ O.V.Manu Kurikkal vs The Secretary, RTA and others. W.A.No. 1608 of 1999. AR.Lakshmanan (Ag.CJ) & S.Sankarasubban(J)]

Rule 117-  Vehicle owned by a Society registered under Travancore - Cochin Literary, Scientific and Charitable Societies Act, is liable to be exempted from taking permit.  So there is a conflict between Sc.66(3) of M.V.Act and Rule 117 of the Kerala Motor Vehicle Rules. When there is a conflict between the provisions in the Act and the provisions in the Rules, the former shall prevail over the latter. [J. Jacob Vs. The Regional Transport Officer and another,  2002 (1) KLT 411 = ILR 2002 (2) Ker. , dated 19th December, 2001.  (K.K.Denesan (J)] 

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