Thiruvananthapuram: In a significant verdict, the Kerala High Court has ruled that the state government cannot prohibit the use of automatic or electric vehicles for driving licence tests. The court held that such powers rest solely with the Central Government under the Motor Vehicles Act, 1988.

Justice N Nagaresh delivered the verdict while partially quashing a circular issued by the Kerala Transport Commissionerate, which imposed several restrictions on driving schools and the driving test process. The judgement came in response to multiple writ petitions filed by driving school owners, associations, and learner’s licence holders.

The circular, issued in May 2024, sought to introduce reformative measures to improve road safety and standardise testing. It mandated the use of motorcycles with foot-operated gears, prohibited the use of vehicles over 15 years old for tests, introduced additional test elements such as zig-zag driving and angular parking, and required driving schools to install surveillance equipment in test vehicles.

The petitioners argued that the rule-making powers under Sections 12 and 59 of the Motor Vehicles Act lie with the Central Government, and not the state. They said that mandatory gear-based vehicles, camera installations, and other directives were ultra vires. They also contended that the circular violated their fundamental rights under Articles 19 and 21 of the Constitution, and that driving schools are not legally obliged to provide test vehicles.

The Transport Commissioner defended the circular, stating that it aimed to make testing more efficient and safer, and that it was in alignment with Rule 15 of the Central Motor Vehicles Rules. The Commissioner also said foot-operated gears are now standard, and that the instructions accounted for technological and traffic changes.

The court ruled that:

• The state government overstepped its powers by banning automatic or electric vehicles in driving tests for light motor vehicles.
• The age limit for test vehicles (15 years) can only be set by the Centre, making the state's restriction invalid.
• Mandating camera and GPS installation in driving school vehicles exceeded the state’s jurisdiction.
• Prescribing qualifications for driving school instructors is a Central prerogative.

However, the court upheld other elements in the circular such as:

• The inclusion of angular, parallel, and gradient parking tests.
• Daily caps on the number of driving tests conducted.
• Road test components under “Part II” to be held on actual traffic roads.
• The court clarified that while the Transport Commissioner may issue guidelines to ensure effective testing under Rule 15, these must remain within the scope of the Central rules.

“The State Government or Transport Commissioner cannot usurp the power which is vested with the Central Government in the matter of regulation of Driving Schools,” the court concluded.

The petitions were disposed of with partial relief, reinforcing the primacy of Central authority in regulating motor driving training and testing in India.
(With LiveLaw inputs.)