Authorities Can Stop Overloaded Vehicle & Ask For Offloading Of Excess Cargo Before Allowing It To Proceed: Patna High Court

The High Court also asked the concerned authorities to conduct a fresh meeting on this issue in accordance with its earlier order.

The Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar held, “We are of the humble view that detection of the vehicles with excess load, imposition of fine and collection of fine is one aspect, but unless the provision of removal of such excess load is strictly implemented as per the Act and Rules and all necessary mechanism are provided to prevent the untoward incident, which are likely to happen in case such provisions are implemented, the problems cannot be addressed and if the vehicles with excess load are allowed to move and ply over the bridges and roads, they are likely to cause damages, which had already happened as per the statement made by the learned Advocate General at the previous hearings. The law mandates that the vehicle shall not be allowed to move until the excess load is removed at the owner’s risk. Authorities can stop an overloaded vehicle and require the offloading of excess cargo before allowing it to proceed.”

The petitioner appeared in person while Additional Advocate General Anjani Kumar represented the Respondent.

Factual Background

The High Court, in an earlier order, had quoted the provisions of Sections 113, 114 and 194 of the Motor Vehicles Act, 1988 and asked NHAI to obtain instruction as to whether in terms of specific provisions of Section 194 of the Act, 1988 wherein, it is mentioned that the overloaded motor vehicles shall not be allowed to move before the load is arranged in manner that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit, any steps have been taken and also to the authorities concerned, i.e. Secretary, Transport Department, Government of Bihar; Transport Commissioner, State of Bihar; Regional Officer NHAI; Regional Officer, Ministry of Road Transport & Highways to sit together to work out ways and means to sort out the issues.

It was brought to the Court’s notice that the provision under Rule 10 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, had not been discussed in the said meeting conducted on March 6, 2026, by the Transport Commissioner, Bihar, Patna. It was the case of NHAI that unless arrangements are made round the clock, providing police force in all the toll plazas, it is very difficult to implement the provisions, which are either in the Act, 1988 or in the Rules, 2008, to permit the vehicle to move only after the excess load is removed.

Reasoning

The Bench was of the view that unless the provision of removal of such excess load is strictly implemented as per the Act and Rules and all necessary mechanisms are provided to prevent the untoward incident, the problems cannot be addressed.

The Bench further held that the authorities can direct the offloading of excess cargo before allowing an overloaded vehicle to proceed. “Therefore, we expect that a fresh meeting be held by the authorities as we have mentioned in paragraph no. 9 of the previous order dated 20.02.2026, in presence of learned Advocate General, learned AAG-4 and the learned Senior Counsel for the NHAI”, it stated.

Listing the matter on April 20, 2026, the Bench made it clear that the next affidavit should cover such aspects regarding all the roads and bridges of the State of Bihar.

Cause Title: Vikas Kumar v. The Union of India & Ors. (Case No.: Civil Writ Jurisdiction Case No.2921 of 2022)

Appearance

Petitioner: Vikas Kumar (In Person)

Respondent: Additional Advocate General No. 4 Anjani Kumar, Senior Advocate Dr. K N Singh, Advocates Alok Kumar Rahi, Sanat Kumar Mishra, Shivaditya Dhari Singh, Amish Kumar, Tiwari Shwetketu

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