Legal Question in Business Law in India

Re: transport buisness

As you are aware the business of trucking

is regulated under the provisions of Central Motor Vehicle Act.

The CVMA puts an outer limit on the weight of cargo that a truck can carry. The permissible limit of cargo which a truck can carry is specified in the RC which is determined on the basis of number of axles of a truck. As per normal practice, Two axle truck can carry a cargo having weight upto 9 tons and 4 axle truck can carry 18 tons weight.

However, various State Governments have given relaxation on the laden capacity requirements.

In a recent judgement, Hon'ble Supreme Court of India in the matter of Parmajit Bhasin & Ors Vs. Union of India & Ors WP(C) No 136 of 2003 Decided on 09th November, 2005 held that Notifications, Schemes etc., issued by various State Governments relaxing the laden weight limits, is against the spirit of CMVA. Further Hon'ble Court directed state Governments

to enforce the CMVA in its true spirit.