India Legal News: Rajasthan Government Permits Overloading of Trucks

In August 2010, India legal news reports indicate that one of the main reasons for road accidents in India pertains to overloading of vehicles. In 2005, the Supreme Court had ordered that the trucks that were caught carrying excess load shall offload their excess cargo. Further, the apex court ordered for strict compliance with the sections 113 and 114, of the Motor Vehicle Act, 1988. However, the Rajasthan government has permitted overloading of trucks, by imposing a penalty.

Rajasthan’s State Transport Department issued a notification on July 22, 2010, permitting overloading of trucks. It fixed a penalty of Rs.500, for a load of 3 tonnes above the set limit, Rs.1, 000 per tonne, for carrying extra load, above 3 tonnes and Rs.1, 500 per tonne, for carrying extra load, above 10 tonnes.

India Legal News: Rajasthan State Transport Department Violates Laws

Some unofficial sources of India legal news reports hint that the State Transport Department was pressurized by the influential marble traders, cement manufacturers, powerful transporters and mining contractors, to relax the load restrictions.

Mr. S.P. Singh, a senior member of the Indian Foundation of Transport Research and Training (IFTRT), stated that the Rajasthan Government violated the stipulations of the Central Motor Vehicles Act, 1988.

Also, he alleged that the Rajasthan government has hoodwinked everyone with  compounding powers, vested with the State Government, as per sections 194 and 200, of the Motor Vehicle Act. He further, said that such a stand was taken by the government to benefit the powerful business houses.

Interestingly, the IFTRT submitted written applications to Sonia Gandhi, the UPA chairperson, the Prime Minister, Manmohan Singh and the Road Transport Minister. The application stated that on February, 2010, Brij Kishore Sharma, the Rajasthan Transport Minister, appealed to the Transport Development Council (TDC), to direct the Ministry of Road Transport and Highways, to exempt the overloading of goods trucks, in Rajasthan.

This move by the Rajasthan state government is well stated as it is a convenient way to disguise the intent to legalize the illegal overloading of trucks/carriages, which often carry excess load, to neighboring states.