Homologation portal approval for trailer alone not required

Justice R Suresh Kumar passed this injunction on a petition by R Loganathan, proprietor Sakthi Vinayaga Engineering Works, Perundurai. The petitioner prayed for a direction to the transport department and RTO, Perundurai to register his trailers without asking him to produce the homologation portal approval.

Directing the RTO Perundurai to register the trailer of the petitioner, the judge said as per Sections 2 (28) and 2 (46) of the Motor Vehicles Act, 1988, if the tractor once registered, the attached trailer also should be registered along with the tractor, as the trailer will not have a separate power of propulsion.

“Hence, the insistence of separate homologation portal approval for the trailer alone may not be required or necessary,” the HC ruled.

The petitioner submitted that when he approached the RTO concerned, the latter cited the amendment made by the Centre in the Central Motor Vehicles Rules and insisted that the trailer also should get a Homologation portal approval. “However, the amendment has been kept in abeyance and many states are not following them,” senior counsel C Prakasam submitted.

Akila Rajendran, government advocate submitted as per the Central Motor Vehicles Rules, it had become mandatory that manufacturers upload the vehicle details on the portal.

On recording the submissions, the judge held that Section 2 (46) of the Motor Vehicles Act, 1988 explains the nature of the trailer that it means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle.