KOCHI: The Kerala High Court on Wednesday quashed the transport commissioner’s circular that introduced new regulations and modifications to driving tests, including prohibiting the use of automatic vehicles and EVs.
Justice N Nagaresh issued the order on the petitions filed by All Kerala Motor Driving School Instructors and Workers Association, Thiruvananthapuram, and others challenging the modifications suggested by the circular issued on February 21, 2024.
The court held the circular and amendments made thereto subsequently during the pendency of the petitions are set aside to the extent they are found illegal and unsustainable. It also said the Union government had the power to make rules relating to licensing and regulation of driving schools.
The circular had mandated that in driving tests for light motor vehicles, those with automatic gear/automatic transmission, and electric vehicles shall not be used. It had also limited the driving tests to be jointly conducted by one motor vehicle inspector and one assistant motor vehicle inspector to 30 per day – 20 new applicants and 10 who failed earlier.
The HC order said Section 12(2)(i) of the Motor Vehicles Act confers on the Union government the power to make rules with regard to the apparatus and equipment (including motor vehicles fitted with dual control) required for imparting such instruction. It said the transport commissioner cannot usurp the power.