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Synopsis

The Delhi High Court has directed the Delhi government to not insist on requirement of “fitment of speed governors” on high-end vehicles specified in tender issued by Centre to be used for transport of guests for events during the G20 summit.

The court was hearing a plea by the Indian Tourist Transportation Association seeking directions to remove the prohibition from registering high-end vehicles as taxis without fitment of speed governors till the time the speed governors for these vehicles are available in the market from two or three manufacturers at competitive rates.

A speed governor helps in controlling the speed of machines such as vehicles.

A division bench of Justice Manmohan and Justice Saurabh Banerjee held, “Consequently, in view of the urgency and peculiar circumstances of the case, the respondent No.3 is directed to register the vehicles that are specified in the tender documents issued by Ministry of External Affairs without insisting on the requirement of fitment of speed governors on the vehicles provided the petitioner gives an affidavit/undertaking that the said vehicles are being purchased/imported for the requirement of G-20 summit”.

The court prima facie observed that the insistence on the fitment of speed governors on vehicles when such speed governors are not available in the market is an illogical and impossible requirement. It also stated that many other States including the neighbouring State of Haryana have dispensed with this requirement on the ground of unavailability of speed governors.

The counsel for the petitioner association stated that the Centre issued tenders for provisions of high-end vehicles for transport of guests during the G20 summit and other related events. However, he stated that the manufacturers are declining to supply such vehicles for the purposes of being used as taxis due to the unavailability of speed governors of these vehicles in the market as mandated under Rule 118 of the Central Motor Vehicles Rules, 1989.

He also stated that the events related to the G20 Summit are stated to be held in New Delhi in the months of August and September 2023 for the purposes of which heads of many States/ Governments and other dignitaries are expected to visit the country. The counsel pointed out that under the tender, the vehicles have to be placed at the disposal of the government at least six to eight weeks prior to the Summit.

It was contended that petitioner's members/ constituents fall within the definition of “tourist vehicle” as defined under Section 2(43) of the Act and not under “transport vehicles” as defined under Section 2(47) of the Act and so the notification dated July 17, 2018 and circular dated 16th August, 2018 are not applicable on the vehicles of the petitioner’s members/ constituents.

Furthermore, the counsel stated that the Union of India in the past had issued a letter on December 21, 2017 exempting certain categories of vehicles from fitment of speed governors.

The notification reads as:

Section 110 (3)(b) of the Motor Vehicles Act, 1988 which empowers the State Governments to exempt any motor vehicles or any class or description of the motor vehicles from the Rules made under sub-Section 1 of sub-section 110.

States may take recourse to the above mentioned provision to exempt specific models of transport vehicles from the requirement of fitment of speed governor till the time the speed governors of at-least two or three manufacturers are available at competitive rates, for fitment by the transport vehicles owners.

The counsel for the Delhi government submitted that even though speed governors are not available, the petitioner association could be asked to install the ‘Intelligence Transport System’ so that speed of the vehicles can be kept under control.

The bench said that India's assumption of the G20 presidency and the hosting of the summit in New Delhi is a moment of great national pride. “To uphold our national prestige and ensure that the Summit is conducted without any hitch, it is essential that the designated vehicles as specified by the Ministry of External Affairs for the guests attending the event are provided without any hindrance”, the court added in its June 2 order. 

Case Title: Indian Tourist Transportation Association (Regd.) v. Union of India & Ors.