Over Load - Compounding fees.

The ways of levying compounding fee differs for home state vehicles and other State vehicles

We will discuss collection of compounding fees in respect of other State Goods vehicles for the offence of over load by goods.

Circular no. 40/2008 deals with levying compounding fee for over load in goods vehicle for other state vehicles.

As per this circular the penal provisions of Section 194 are to be followed.

A question may arise in our minds whether the penal provisions contemplated under Section 194 can be enforced by the officers of this Department. Is not Court alone competent to enforce this. Is not sanction a must?

In the event a owner of a vehicle pays the fine on volition, the authorised officer gets the jurisdiction and authority to compound the offence.

The only thing is that executive should not out stretch the limit in levying the compounding fee. In other words, the amount prescribed by Section 194 should not be enhanced by the officer who collects the fine.

Also in this case we should not restrict the compounding fee to the maximum of Rs.5000/- as we do for Home State vehicles.


The compounding fee levied should be concomitant to the over load carried. So if the over load is 3100 kg then the c.f. should be 4000+2000=6000 and if the over load is 5100 kg then the c.f should be 6000+2000=8000.
We will now see how the compounding fee is levied for home state vehicles. The above illustration applies to Other State Goods vehicles.

For HOME STATE vehicles
------------------------
A reading of circular no. 44/2007 would show that the compounding fee fixed for home state vehicles also draw the penal provisions to its rescue but the maximum fine is fixed for Home State vehicles keeping the Rule 206 of the TNMVR 1989 in mind. So for Home State vehicles the penal provision of Section 194 of M V Act and Rule 206 of TNMVR is combined for collection of compounding fee for the offence of over load of goods in goods vehicle.