Kerala HC strikes down certain provisions in driving test circular
The struck-down provisions included the requirement that only motorcycles with leg-gear selection and an engine capacity of more than 95 CC should be used for the test, and the prohibition on using automatic and electric vehicles for LMV driving test.
Meanwhile, HC upheld certain other provisions prescribed for improving the quality of driving, such as the requirement that Part-2 Road Tests for motorcycles should be conducted on roads with traffic. The bench of Justice N Nagaresh issued the order in a batch of petitions filed by driving school employees and others, challenging the circular and the subsequent govt orders that introduced significant changes in the conduct of driving licence tests in the state.
The petitioners primarily challenged the circular of Feb 21, 2024, and a govt order of May 4, 2024, contending that under Section 12 of the
Motor Vehicles Act
, the power to make rules relating to the licensing and regulation of schools or establishments for imparting instruction in driving motor vehicles vests with the central govt.
HC examined the legal validity of each provision mandated in the circular and the subsequent govt order, resulting in the striking down of certain provisions. Further, HC clarified that the regulation of driving schools falls within the exclusive domain of the central govt, and that motor vehicles department officers are bound to act in accordance with the Motor Vehicles Act and the rules made thereunder. The state govt or transport commissioner cannot usurp the powers vested with the central govt in this regard.
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