Tourist vehicle luggage restrictions upheld: roof-top carriage excluded by Rule 128(9) and not unconstitutional.

Rule 128(9) of the Central Motor Vehicles Rules, 1989 permits luggage storage in tourist vehicles only at the rear or sides, and by necessary implication excludes roof-top carriage. Rule 128(1) does not import provisions from other vehicle classes to justify roof loading, because the language of Rule 128(9) is plain and unambiguous. The restriction was upheld as safety-based and not arbitrary, so it was not violative of Article 19(1)(g) of the Constitution of India.

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Issues: Whether a tourist vehicle can lawfully carry luggage on the roof despite Rule 128(9) of the Central Motor Vehicles Rules, 1989; and whether the restriction is an unreasonable restraint on the right to carry on business under Article 19(1)(g) of the Constitution of India.

Analysis: Rule 128(9) is a special provision for tourist vehicles and requires luggage holds to be provided only at the rear or at the sides, or both, with sufficient space and safety arrangements. The specified locations necessarily exclude the roof of the vehicle. Rule 128(1) incorporates only the dimensional requirement of Rule 93 of the Central Motor Vehicles Rules, 1989, and does not carry into Rule 128 the provisions relied upon concerning ladder use in other classes of vehicles. The language of Rule 128(9) is clear and unambiguous, so no additional construction can be read into it. The restriction is also justified on safety grounds and cannot be treated as arbitrary or unreasonable.

Conclusion: Roof-top carriage of luggage in tourist vehicles is not permissible under Rule 128(9), and the restriction is not violative of Article 19(1)(g) of the Constitution of India.

Final Conclusion: The impugned High Court view was affirmed and the transporters were held not entitled to the reliefs sought.

Ratio Decidendi: Where a special transport rule prescribes the exclusive places for luggage storage in a tourist vehicle, those prescribed places exclude all other locations by necessary implication, and the provision must be given effect according to its plain language.

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