Karnataka high court calls for review of law for clearer classification of vehicles
Justice M Nagaprasanna, while dismissing a petition filed by the Karavali Bus Owners Association, suggested that the union surface transport ministry revisit and clarify existing definitions in the backdrop of modern vehicular categories and toll collection complexities.
The petitioners, who operate stage carriages in Dakshina Kannada and Udupi districts, had challenged toll charges levied at the Hejamadi and Sastana toll plazas. They argued that their vehicles, which have gross weights between 7,500kg and 12,000kg, should be categorised as minibuses and not as full-sized buses. As per the concession agreement, minibuses attract tolls at 50% of the rate applicable to buses.
The petitioners also raised concerns over the deduction of additional amounts from their FASTag accounts by Udupi Sasthana Tollway Pvt Ltd through a "chargeback process."
Their previous representation to the National Highways Authority of India (NHAI) against the alleged excess toll collection was rejected.
Justice Nagaprasanna noted that vehicles below 7,500kg are categorised as light motor vehicles and those above 12,000 kg as heavy passenger vehicles. However, the classification of vehicles weighing between 7,501kg and 12,000kg—often referred to as medium passenger vehicles—remains unclear, particularly when they are described as "buses" for toll purposes.
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The court clarified that tolls are governed by the National Highways Fee Rules and the terms of concession agreements, not by the MV Act alone. Concluding that the deductions were lawful and aligned with the registration certificates and relevant rules, the court dismissed the petition but emphasised the need for legislative clarity on vehicle categorisation.
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Justice Nagaprasanna said the classification of vehicles weighing between 7,501kg and 12,000kg, often referred to as medium passenger vehicles, remains unclear, particularly when they are described as buses for toll purposes
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