KOCHI: Machines like forklifts and cranes, though used exclusively on private factory premises, fall under the category of motor vehicles and must be registered and taxed accordingly, the Kerala High Court has stated. Justice Mohammed Nias C P made the ruling while dismissing a petition filed by a company challenging a MVD directive prohibiting it from operating two forklifts and a hydraulic crane without registration and valid insurance.
His counsel argued that the equipment operates strictly as material-handling machinery within a fully enclosed factory premises and is never driven on public roads.
However, the respondents contended that the forklifts and cranes are roadworthy and capable of being used on public roads at any time, and added that the petitioner’s factory premises are accessible to workers, visitors and other vehicles, and hence constitute a ‘public place.’ The court observed that Section 2(28) of the Motor Vehicles Act uses a broadly inclusive definition of ‘motor vehicle,’ covering any mechanically propelled vehicle adapted for use on roads.