KSRTC files petition against Centre’s rules on operation of tourist vehicles as stage carriages

KSRTC files writ petition in Kerala HC challenging All India Tourist Vehicles (Permit) Rules, 2023 allowing vehicles with All India tourist permit to operate as stage carriages. Seeks directive to Transport Commissioner to take action against operation of such vehicles on nationalised routes/sector & other notified routes. Rules inconsistent with Motor Vehicles Act & Supreme Court rulings. Restrictions on grant of permit to any person in respect of notified area/route except in accordance with scheme framed thereunder. KSRTC alone can operate in large number of nationalised sectors, routes & areas.

The Kerala State Road Transport Corporation (KSRTC) on Friday filed a writ petition before the Kerala High Court challenging the All India Tourist Vehicles (Permit) Rules, 2023 allowing vehicles with All India tourist permit to operate as stage carriages.

The KSRTC also sought a directive to the Transport Commissioner to take appropriate steps against the operation of all India tourist permit vehicles through nationalised routes/sector and other notified routes.

The petition pointed out that as per rules, passengers travelling in a tourist vehicle with an all India tourist permit could board from various locations and have diverse destinations. The rule, in fact, implied that a shared purpose and destination were not mandatory unlike the stage carriage operators. It argued that the rules were manifestly inconsistent with the definition of ‘contract carriage’ and ‘tourist vehicle’ as stated in the Motor Vehicles Act and violative of the law laid down by the Supreme Court in a number of cases. The rules also went against the very definition of the ‘tourist vehicle’. As per the Act, only a contract carriage could be operated as a tourist vehicle.

The KSRTC said there were restrictions on the grant of permit to any person in respect of a notified area or a notified route by the authorities except in accordance with the scheme framed thereunder. There are a large number of nationalised sectors, routes, and areas in the State in which the KSRTC alone can operate.