KOCHI:
Buses
plying on all-India
tourist permits
are allowed to carry only tourists and cannot carry other passengers or conduct regular service between two places, the high court has held. Most of the private
bus
operators plying between cities in Kerala and those in other states utilize all-India tourist permits to operate as contract carriages.
The ruling was given by Justice Anil K Narendran after considering two petitions filed by Sanithjan S of Bengaluru and SRS Travels challenging check reports issued by motor vehicles department of Kerala alleging operation of contract carriage as stage carriage.
A contract carriage is engaged for the whole journey between two places and passengers not part of the contract should not be picked up or dropped off in between. A stage carriage runs between two places without any prior contract and passengers can board or get down in between by paying only for the distance they travel.
In the judgment, the high court said, “In view of the provisions under the CMV Rules and the All-India Permit for Tourist Operators Rules, 1993, a tourist vehicle covered by All-India Tourist Permit shall carry only tourist passengers. Such a vehicle cannot be used to conduct regular service between two points, either as a stage carriage or as a contract carriage, carrying one set of passengers for the onward journey and another set of passengers for the return journey.”
After referring to various decisions of the Supreme Court and other courts in a 215-page judgment, the high court said the provision under Motor Vehicles Act to grant All-India Tourist Permits is to promote all-India and
interstate
tourist traffic. A tourist vehicle covered by All-India Tourist Permit shall carry only genuine tourist passengers and shall not carry regular passengers or commuters going from one place to another for purposes other than tourism, the high court judgment said.
Though the petitioners had contended that officers of the state government are not authorized to inspect and impose fine on buses plying on All-India Tourist Permits, the high court said police and MVD officials are authorized to do so as per law.
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