8-year Lifespan Rule For Vehicles Of Driving Schools Stayed By Hc | Chennai News – Times of India
CHENNAI: A Tamil Nadu transport department’s circular directing driving schools to replace vehicles older than 8 years, has been stayed by the Madras high court.
“Registration certificates given to any vehicle other than a commercial vehicle under the Motor Vehicles Act will be valid for 15 years. When that being so, can this kind of restriction can be put against the driving schools?” Justice R Suresh Kumar wondered.
The court passed the interim order on a plea moved by Tamil Nadu Driving School Owners Federation challenging the validity of the circular dated November 11, 2011.
“This court is inclined to grant an order of injunction for four weeks restraining the authorities and their men, from insisting upon the members of the petitioner federation to replace their existing vehicles being used or pressed into service by the members of the petitioner federation merely because those vehicles have completed eight years life period,” said Justice Suresh Kumar.
As per the circular, at no point of time the age of the motor cycle and light motor vehicle shall be more than 8 years. Heavy motor vehicles shall not be more than 10 years and it should be complied with on or before September 30, 2012.
In view of the circular, most of the vehicles ensured compliance of the condition within the deadline. Now, eight years have passed since 2012, the authorities are insisting the schools change their vehicles.
Aggrieved, the federation has moved the high court and submitted that due to Covid-19 first wave as well as the second wave, both in 2020 and 2021, most of the period these driving schools were closed and therefore, the new vehicles which were pressed into service in 2012 were not put to use during the said period.
“Therefore, the eight years period prescribed under the circular itself cannot be strictly put against the members of the petitioner federation by compelling them to replace the existing vehicles by bringing in new vehicles,” they said.
