Chennai: Kerala transport authorities have imposed fines totaling up to Rs. 70 lakh on a fleet of omni buses from Tamil Nadu that entered the state during the ongoing Sabarimala pilgrimage season. The action was taken after officials discovered the buses were operating in violation of their permit conditions, leading to the seizure of 30 vehicles.
The Core Violation: Contract Carriage vs. Stage Carriage
The dispute centers on a fundamental legal distinction between types of bus permits. According to transport regulations, Stage Carriage permits are for buses that operate on fixed routes, stop at designated stops to pick up and drop individual passengers, and charge a fare per seat. This is the category used by government and private buses that serve the general public.
In contrast, Omni Buses (or Contract Carriages) are legally defined as vehicles hired under a single contract for a specific group and journey. They are not permitted to pick up and drop off individual passengers along the way or sell tickets per seat. The Kerala transport department found that the Tamil Nadu omni buses were operating precisely like stage carriages, picking up pilgrims at different points, which is a direct violation of their all-India tourist permit or contract carriage permit.
A Long-Standing Legal Battle and Past Conduct
This is not a new point of contention. The legality of omni bus operations has been under scrutiny for years. The Madras High Court, in a 2016 ruling, explicitly stated that omni buses should not carry passengers with separate tickets for seats. While an appeal against this verdict is pending, allowing the buses to continue operating in Tamil Nadu, their operations in Kerala have now been held to the stricter interpretation of the law.
The article also notes the reputation of some omni bus operators in Tamil Nadu, referencing their resistance to relocating from the Koyambedu bus stand and past incidents of charging exorbitant fares during festive seasons like Diwali and Pongal.
The Fallout: Seized Buses and an Industry Boycott
The enforcement action by the Kerala transport department was swift and significant. A total of 30 Tamil Nadu omni buses were seized for violating the permit rules. Each bus faced a substantial fine of up to Rs. 2 lakh, culminating in the massive collective penalty of approximately Rs. 70 lakh.
In response to this financial blow, the Tamil Nadu Omni Bus Owners Association has expressed strong dismay. In a retaliatory move, the association has announced that its members will no longer operate buses into Kerala, a decision that could affect travel and pilgrimage routes between the two states.
A Tit-for-Tat Precedent in Interstate Transport
This incident is part of a broader pattern of interstate transport enforcement. It is noted that the Tamil Nadu government has, in the past, similarly imposed fines on buses with Kerala registration numbers for various permit violations.