Vehicles sold before Apr 1, 2019 to also have colour-coded stickers: Apex court

Modifying its August 13, 2018 order, the Supreme Court on Monday said its direction to place colour-coded stickers denoting the fuel type would also apply to vehicles purchased before April 1, 2019 and registered in NCR states.

“This order was applicable for all vehicles in NCR region and implementation was to be made by October 2, 2018. We modify the August 13, 2018 order and direct that as regards vehicles sold before April 1, 2019 the provisions of the said order will apply and in case of vehicles sold on or after April 1, 2019, which are non-compliant with the provisions of the order, action under Section 192 of the MV Act, 1988, will be initiated by the governments concerned,” a Bench led by Justice Abhay S Oka said.

“We direct NCR states to file an affidavit in one month from today setting out the manner in which they will ensure that every vehicle sold before April 1, 2019 is made compliant with the provisions of the said order,” the Bench said.

It also asked the Centre to call for reports from all states and UTs with regard to compliance with the orders related to colour-coded stickers and said the report should be compiled and furnished on or before March 17 for necessary directions on March 21.

According to Section 192 of the Motor Vehicles Act, 1988, driving a vehicle without registration is punishable with a fine or imprisonment.

The Bench said as per its order the hologram-based light blue stickers would be used in vehicles running on petrol and CNG fuel, whereas an orange sticker would be placed on diesel-run vehicles.

“As we have modified the order dated August 13, 2018 by directing that in respect of all vehicles registered within NCR states, requirement of said order will be complied with. We direct the NCR state governments concerned to ensure that even in respect of vehicles registered within NCR states prior to April 1, 2019 provisions of the order are implemented,” the Bench said.

It ordered the authorities to ensure that vehicles registered in NCR states before or after April 1, 2019, complied with the orders and the NCR state governments did not permit transfer of ownership, addition of hypothecation, change of address/hypothecation, duplicate registration, cancellation of hypothecation and permitted fitness related activities without compliance.

“In addition, NCR states will issue directions that no PUC (pollution certificate) certificates will be issued to such vehicles unless compliance is made with the said order,” the top court said.

Regarding Delhi, it said there was an affidavit stating dealers were authorised by the original manufacturers to the work on fixation of the High Security Registration Plate (HSRP) colour-coded stickers.

On January 15, the top court indicated that it would make hologram-based colour-coded stickers for vehicles mandatory across the country and stressed on the effective implementation of the pollution under control (PUC) certificate norms.

Senior advocate Aparajita Singh, assisting the court as amicus curiae, had said even in the NCR states, all older vehicles were not provided with the third registration mark and the progress in this regard was very slow.