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Introduction
Vehicle registration is mandatory for every country and in the case of India, it has its origin in The Motor Vehicles Act, 1988. A recent ruling by the Kerala High Court addressed a vital question for vehicle owners: Can I get my vehicle registered at any centre of any RTO located anywhere in the state? In the following article, attention is drawn to exploring the Court’s decision on its relevance to demystifying the process of vehicle registration.
If you have some problems concerning vehicle registration or if the RTO jurisdiction has declined your application, you should seek legal advice from an advocate who has proficiency in motor vehicle laws.
Background of the Case
The matter surfaced in the case Sabeer A vs. State of Kerala & Others. The petitioner applied to the Attingal RTO in Kerala for registration of his vehicle. Holding only a temporary registration certificate, the authorities turned him towards the Kazhakootam RTO saying his residential area was not under the Attingal’s jurisdiction. This made the petitioner bring the matter to court and argue that the 2019 amendment of Section 40 of the Motor Vehicles Act prevails.
Employing the services of an attorney at the initial stages of any such disputes help to quicken the process of resolving it and to add understanding of the procedures that one must follow in order to appeal against an RTO’s denial.
What Section 40 of the MV Act States
Section 40 of the Motor Vehicles Act provides information on how and where registration of vehicles is done. Prior to the December 2019 amendment, registration was limited exclusively to the RTO of residence or business operation of the owner. However, the amendment takes this to another level by substituting the term “registering authority” with “any registering authority in the State.”
The updated provision states
“The statutory provision requires every owner of a motor vehicle to register the vehicle by [any registering authority in the State] in which he resides or carries on business and where the motor vehicle is most frequently used.”
This change means that the vehicle registration no longer has to be at one and one RTO but can be at any RTO in the state of residence or business operation.
Kerala High Court Decision: Issues and Concerns
Justice Dinesh Kumar Singh while deciding in favour of the petitioner observed that as per provisions of the Act citizens or eligible establishments in a state can register vehicles from any of the RTOs in the state in any way.
The Court concluded
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“The jurisdiction is in respect of the State and not in respect of the registering authority for registering the motor vehicle.”
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The judgement also contained a direction to the Attingal RTO to get the petitioner’s vehicle registered which reaffirmed the statewide jurisdiction to register vehicles.
This ruling clearly brings, to the fore, the issue of having a knowledge of one’s rights under changes in the Motor Vehicles Act. In situations where the RTOs raise an objection, you can seek legal assistance in order to ensure that you comply with the judgement passed.
Arguments Presented in Court
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Petitioner’s Perspective: The petitioner also contended that the 2019 amendment to Section 40 categorically endorsed the crossing of geographical barriers and registration at any RTO in the state.
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Government’s Stand: The state’s legal representative urged for registration to take place in the RTO where the car is mostly stored or where the owner lives. Some of them thought that the amendment does keep the registration link with the local RTO control.
Implications of the Judgment
Greater Flexibility: There is a piece of good news for the vehicle owners of Kerala as they can now register their vehicles at any RTO in the state to get rid of regional limitations.
Simplified Processes: The judgement eliminates all those unnecessary bureaucratic impediments which make vehicle registration difficult.
Business-Friendly Policy: This flexibility is great news for companies with multiple locations in the state as their fleets’ registrations can also be a point of flexibility.
Useful Advice for Car Owners
Choose Any RTO: According to the new ruling, you can go to any of the RTOs in your state in which you are a resident or have a business place.
Temporary Registrations: A provisional certification does not tie you down into a particular RTO for full registration.
Know Your Rights: If an RTO refuses registration based on jurisdiction, then refer to this judgement as the authority.
Even in circumstances where an RTO will constitute jurisdictional rules of a certain kind, asking for their alteration, one needs to consult the legal system more and regularly to help tackle the problem without many complications that may be occasioned by delay.
Conclusion
The recent judgement by the Kerala High Court in interpreting Section 40 of the Motor Vehicles Act will go a long way in clearing the confusion that hitherto surrounded vehicle registration processes. The above ruling also subscribes to the legislative intent of the 2019 amendment by recognizing state-wide jurisdiction for RTOs so as to make the system easier to understand and deal with for owners of vehicles.
Frequently Asked Questions
1. Can I register the vehicle at any branch in my state?
Certainly, the Kerala High Court upheld that it is legal to register your vehicle with any RTO in any of the regions of your residence or your line of business. This flexibility is supported by the amendment to Section 40 of the MV Act in 2019.
2. What are the requirements for car registration?
The typical documents required are:
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Identity cards (for example, an Aadhaar card, Voter ID).
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Invoice and insurance documents of the said vehicle.
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The temporary registration certificate, if so required.
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Form 20 as in the application for registration.
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PUC – Pollution Under Control certificate.
3. Can an RTO turn down registration requests based on jurisdiction?
No, according to the Court’s decision, RTOs should not decline registration if you are either a resident of or doing business in the state. If they do, there is the option of legal action if they do, legal remedy is possible.
4. But does this ruling apply to the entire India?
Although this judgement concerns the Kerala state, the principle is derived from a central law that is MV Act, 1988). Other states may also incorporate similar interpretations.
5. Is it possible for the companies having their branches in a particular state to get their vehicles registered from any of the RTOs?
Well yes, for companies that have offices in a state, a vehicle can be registered at any RTO in that particular state because the jurisdiction of each state is state-wide.
The businesses should seek legal advice on how to register the vehicles and also meet the regional legal requirements because of different interpretations of laws by the state.
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