The Kerala High Court on July 17 scrapped a controversial transport department circular that had barred the use of automatic vehicles and electric vehicles (EVs) in driving tests. The verdict comes as a relief to driving schools and thousands of learner drivers who had raised concerns about the practicality and legality of the restrictions.
Justice N Nagaresh passed the order while considering petitions filed by the All Kerala Motor Driving School Instructors and Workers Association, Thiruvananthapuram, and others. The petitioners had challenged the February 21, 2024 circular issued by the transport commissioner that introduced new conditions for driving licence tests.
The High Court made it clear that the power to make rules on driving schools and testing standards lies with the Union government. Citing Section 12(2)(i) of the Motor Vehicles Act, the court noted that only the Centre can decide the kind of vehicles and apparatus required for driving instruction, including those fitted with dual control systems.
The transport commissioner, the court said, overstepped the legal boundaries by attempting to regulate what kind of vehicles could be used in the test process.
The circular had prohibited the use of vehicles with automatic gear systems and electric vehicles for light motor vehicle driving tests. It had also set a cap on the number of tests that could be conducted per day – 20 for new applicants and 10 for those retaking the test – and specified that one motor vehicle inspector and one assistant inspector must jointly oversee these tests.
While authorities may have intended to streamline the testing process, many in the driving school sector argued that the restrictions didn’t reflect the growing use of EVs and automatic cars, especially among new drivers.
The court's decision effectively lifts the ban, allowing learner drivers to once again take their tests in automatic and electric vehicles.
Although it doesn’t shut the door on regulatory updates altogether, the judgment sends a strong reminder that state-level authorities can’t make rules that tread on the Centre’s jurisdiction.