KARACHI: The Sindh High Court has directed the authorities to not allow vehicles carrying more than permitted load on city roads and highways.

A two-judge bench headed by Justice Zulfiqar Ahmad Khan also sought monthly reports regarding such illegal acts.

Citing the ministry of communication, National Highway Authority, works & services department of Sindh and others as respondents, the all dumper tuck transport owners’ association had petitioned the SHC last year challenging a notification empowering the authorities to levy penalty which the petitioner termed ‘contrary to legal regime’.

The bench in its order said that after hearing the matter at length it transpired that the petitioner had not approached the court ‘with clean hands’.

Asks govt to submit monthly report

“It is an admitted fact that the petitioners load their vehicles/dumpers above the permitted load and ply these vehicles on the highways as well as on city roads which not only becomes dangerous to themselves but as well as the roads and other vehicles”, it added.

The bench noted that Section 76(3) of the Motor Vehicle Ordinance, 1965 was regarding limits of weight and limitation on use of heavy transport and barred driving overloaded vehicles or trailers.

It also observed that as per a research, the twelfth schedule of the ordinance has made provisions for payment of fine under Section 122 and 16-A for overloading vehicles only in Punjab and Islamabad.

“But the fact remains that no such possibility is envisaged under Section 76(3) of the Ordinance, which gives us reason to believe that over-loaded vehicles should not be permitted to be driven on the roads at all and be impounded”, it added.

The bench also noted that the lawyer for petitioner had failed to satisfy as to why petitioners overload vehicles on highways and city roads which itself was a serious illegality.

“It is thus ordered that vehicles plying over and above the permitted load either be trucks, buses, trailers or dumpers, etc shall not be permitted on the highways and city roads at all and monthly reports be submitted to MIT-II [member inspection team] of this court without fail for such illegal acts and impoundments made”, it concluded.

Published in Dawn, April 9th, 2024