New Delhi, Aug. 6: The Supreme Court has upheld a Bombay High Court order banning tourist vehicles from carrying luggage on their roof.

“In our view, the restriction… is a reasonable restriction keeping in view the safety of passengers in a tourist vehicle. Therefore, the rule cannot be said (to be) either arbitrary or unreasonable or violative of Article 19(1)(g) of the Constitution,” the top court said.

The high court had on July 21, 2006, held that transporters could only provide luggage space at the rear or the sides of a tourist vehicle as mandated by Rule 128(9) of the Central Motor Vehicles Rules, 1989, and that no luggage could be carried on the roof of the vehicle.

The ruling came on a petition by transporters plying tourist vehicles between Karnataka and Maharashtra.

From December 15, 1995, the Maharashtra government had begun checking vehicles at the state’s entry and exit points and imposing fines if there was luggage on the roof. A fine of Rs 1,500 was charged per entry or exit.

The transport operators went to court to have the levy quashed. But their petitions were dismissed by the high court, which upheld the state’s claim that heavy luggage unevenly loaded on the roof could expose the vehicle to accidents.

The high court said the rules were clear that luggage holds shall be provided at the rear or at the sides or both, implying that no provision could be made for luggage holds at any other place.

“The specifications are aimed at securing the safety and security of passengers, so also the luggage, and thus need to be meticulously adhered to,” the high court said.

The high court rejected the transporters’ claim that in the absence of a specific restriction on luggage holds on the roof of the vehicle, they could not be prevented from carrying goods on the roof.

The transporters then moved the top court.

“Such restriction of carrying the luggage on the roof of a vehicle unreasonably restricts the right of transporters to carry on trade or business which would be violative of Article 19(1)(g) of the Constitution,” they argued.

On the other hand, the state argued that loading luggage on the roof was detrimental to the balance of the vehicle and thereby the safety of passengers. It also said the transporters were more interested in carrying goods than luggage.

“It is a reasonable restriction keeping in view the safety of the passengers in a tourist vehicle,” Justices G.S. Singhvi and H.L. Dattu said, in a judgment delivered on August 2.