Kerala High Court Upholds New Driving Test Rules Despite Challenges

In a recent case of All Kerala Motor Driving School, Instructors And Workers Association vs Transport Commissioner, the Kerala High Court took a stance on the enforcement of new driving test regulations in the state.

Ruling on Driving Test Regulations

Justice Kauser Edappagath, presiding over the case, emphasized the importance of public safety in declining to suspend the Transport Commissioner’s directives. These regulations include limitations on the number of daily test applicants per inspector and specifications regarding permissible vehicles for testing, excluding automatic and electric ones.

Contention Over Authority

Petitioners argued that the authority to establish such guidelines rests with the Central government, not the Transport Commissioner. However, the Court noted that previous rulings had upheld the Commissioner’s authority, provided the regulations align with the Central Motor Vehicles Rules.

Aligning with Motor Vehicles Rules

The Court emphasized that the directives are in harmony with Rule 405 of the Kerala Motor Vehicles Rules, designed to enhance driving test standards in response to escalating road accidents.

Prioritizing Public Safety

Acknowledging the rising concerns over road safety, the Court highlighted the importance of these regulations in ensuring public safety, the primary objective of the Motor Vehicles Act.

Dismissing Retrospective Application

The Court rejected claims of retrospective application of the circular, particularly in cases where individuals had already obtained learner’s licenses. This decision aimed to maintain consistency and fairness in the implementation of the regulations.

Future Consideration

While denying interim relief, the Court scheduled further consideration of the matter for May 21, signaling ongoing scrutiny of the issue.

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About the Author: Payal Singh