Court mandates compliance with seating and safety regulations for stage carriage permits.
In a significant ruling, the Madhya Pradesh High Court, presided over by Justice Vivek Jain, has invalidated a stage carriage bus permit for failing to meet the mandatory seating capacity requirements under the M.P. Motor Vehicle Rules, 1994. The judgment was pronounced on March 11, 2026, concerning the petition filed by Ram Milan Rai against the Regional Transport Authority (RTA) and others.
The court's decision stemmed from the non-compliance with Rule 77(1-A) of the M.P. Motor Vehicle Rules, which mandates that a Deluxe Air Conditioned Bus must have a minimum seating capacity of 35+2, inclusive of the driver and conductor. The bus in question had a total seating capacity of 36, which was deemed insufficient as per the rule's requirements.
The petitioner, Ram Milan Rai, argued that the respondent had no locus standi to challenge the permit since they became a route operator after the petitioner had already lifted the permit. However, the court clarified that the issue of locus was secondary to the primary concern of rule compliance. The court emphasized that the presence of a conductor is mandatory, as outlined in Rule 17(1)(xiii) of the M.P. Rules, which prohibits the operation of a stage carriage without a licensed conductor.
Additionally, the court pointed to Rule 164 of the M.P. Motor Vehicle Rules, highlighting the necessity for public service vehicles to have separate entry and exit doors on the left side and an emergency door at the back or on the right side. The court expressed concerns over the widespread non-compliance with these safety regulations, noting the serious risks posed to public safety.
In a broader directive, the court instructed the respective Road Transport Authorities to investigate compliance with Rule 164 for all stage carriages and tourist buses registered before January 5, 2012. The court ordered that operations of non-compliant buses be halted within 45 days until they meet the regulatory standards.
The court's ruling underscores the importance of adhering to vehicle safety and operational regulations, emphasizing the state's responsibility to ensure the safety of passengers and adherence to established rules.
Bottom Line:
Motor Vehicles Act and Rules - Permit for stage carriage bus - Compliance with Rule 77(1-A) of M.P. Motor Vehicle Rules, 1994 regarding minimum seating capacity is mandatory - Deluxe Air Conditioned Bus must have a minimum seating capacity of 35+2 (including driver and conductor) - Permit granted to a vehicle not meeting the prescribed seating capacity is invalid.
Statutory provision(s): Motor Vehicles Act, 1988, Madhya Pradesh Motor Vehicle Rules, 1994 - Rule 77(1-A), Rule 164, Rule 17(1)(xiii).
