 cannot pick up passengers en route like stage carriages.){kind=link}
The Kerala High Court has reaffirmed that tourist buses with All India Tourist Permits (AITP) cannot operate as stage carriages, meaning they are not allowed to pick up or drop off passengers along the route unless they are part of the original contract.
This ruling stems from a series of petitions challenging the practices of tourist bus operators.
Tourist Buses Bound by Contractual Terms
Justice N Nagaresh, while delivering the judgment on Sarath G Nair v. State of Kerala & ors and connected cases, emphasized that tourist buses are contract carriages and not stage carriages.
The Court clarified that under the All India Tourist Vehicles (Permit) Rules of 2023, tourist buses must carry a pre-determined passenger list, and the operator cannot pick up passengers not included in the original contract during the journey.
Also Read: Prajwal Revanna Bail Hearing to Be Held In-Camera: Karnataka HC
“A tourist vehicle operator does not have the right to stop the vehicle and pick up or drop off passengers who are not part of the contract. Tourist buses are not allowed to function like public stage carriages that pick up and drop passengers en route,” the Court ruled.
Violation of Motor Vehicles Act Cited
Tourist bus operators argued that flexibility in boarding at designated points was necessary for passenger convenience, but this did not imply they were operating like stage carriages.
However, stage carriage operators, including the Kerala State Road Transport Corporation (KSRTC), contested that the tourist buses were infringing on their routes, causing financial losses.
The Court analyzed the relevant provisions of the Motor Vehicles Act, 1988 (MV Act), particularly Sections 2(7) and 2(40), which define contract and stage carriages.
A contract carriage is hired for a specific trip with no intermediate stops for other passengers, whereas stage carriages can operate on fixed routes with multiple pick-ups and drop-offs.
State Circular Upheld, Violators Penalized
The Court upheld the validity of a State circular issued on June 6, 2023, which restricted tourist buses from operating like stage carriages, ruling that the circular was lawful.
Justice Nagaresh dismissed the plea to quash the circular and supported the Motor Vehicles Department’s penal actions against tourist vehicles violating their permit conditions.
The ruling reinforces the distinction between contract carriages and stage carriages, ensuring that tourist buses adhere to the terms of their permits without encroaching on public transport routes.
Bench Details:
- Judge: Justice N Nagaresh
- Case Title: Sarath G Nair v State of Kerala & ors and connected cases
- Keywords: Kerala High Court, tourist buses, stage carriages, AITP rules, contract carriages