KOCHI: The Kerala High Court has upheld the circular of the transport department directing motor vehicle officials to take action against unauthorised operation of various tourist buses as stage carriage vehicles. Justice N Nagaresh issued the verdict while dismissing a batch of writ petitions filed by tourist bus operators, including the operator of the Robin bus, challenging the circular.
The operators had also challenged memos issued to them for operating the service as stage carriage vehicles in violation of the provisions of the Motor Vehicles Act. The interception of the Robin bus which operates from Pathanamthitta to Coimbatore by MVD officials on the strength of the circular had run into a controversy and led to a legal battle.
The court declared as prima facie justified the action taken by the MVD, including interception of vehicles, issuance of challans and seizure of vehicles for violating permit conditions. A tourist vehicle being a contract carriage, for transporting passengers there should be a prior contract by a passenger or a group of passengers for that carriage to be used as a whole, for a fixed or agreed sum. They should carry a list of tourists in electronic form or in physical form, which shall contain the details of origin and destination of each tourist. A tourist vehicle operator does not have a right to stop the vehicle to pick up or drop off passengers not included in the contract, en route, said the court.