[binand]

Originally Posted by Lobogris

Isn't the burden of proof on the authorities if they allege that a person has been in the state for over a year? Couldn't a tourist simply show his out of town licence or at the most his hotel reservation on his phone?

You are right. I had posted how this burden of proof shifts earlier in this thread:

https://www.team-bhp.com/forum/india...ml#post3944556 (Out-of-state cars can run on Karnataka roads for 1 year!)

Without a reasonable suspicion, the RTO should not be able to do a thing. Unfortunately during the days this particular amendment was implemented in Bangalore the RTO indiscriminately stopped vehicles and started demanding LTT from them. The KA High Court rightly put a stop to that practice.

Originally Posted by rattanw

AFAIK traffic cops can stop any vehicle even in the absence of any rules violation for two primary reasons, one, to check if all proper documents are present, and second, whether driver is under influence. Hence, if traffic cops do stop your vehicle, you cannot contest the decision.

If I recall correctly, stopping a vehicle and checking is the prerogative of officers above a certain rank. The average beat cop (the one who manages junctions and signals etc.) doesn't have such powers. In India it is a valid argument - one that has been employed successfully several times in the past - that the official taking a particular action is not authorized to do so and hence all his findings should be invalidated.

[ninjatalli]

Folks, with all the action in courts and behind the scenes, what is the situation on the streets? Are they still going after out-of-state cars or has that been halted for now?

[binand]

Originally Posted by ninjatalli

Folks, with all the action in courts and behind the scenes, what is the situation on the streets? Are they still going after out-of-state cars or has that been halted for now?

Of course not. That would be contempt of court - something the present KA ruling dispensation, in trouble within and without, can ill-afford at this juncture.

[SILVERWOOD]

Dear Friends,

Govt Of Karnataka has not filed Special Leave Petition(SLP) in the Honorable Supreme Court.

SLP can be filed against any judgment of High Court within 90 days from the date of judgement.We had filed Caveat on August 4th which is valid for 90 days as well.We will again file a caveat after 2 weeks because our Legal Counsel is very sure that Govt Of Karnataka will file SLP in couple of months from now.

The Honorable Supreme Court generally accepts SLP filed by a state after 90 days as well.

Jai Hind.

Waseem

[swiftnfurious]

Originally Posted by SILVERWOOD

...Govt Of Karnataka has not filed Special Leave Petition(SLP) in the Honorable Supreme Court.

...The Honorable Supreme Court generally accepts SLP filed by a state after 90 days as well....

Thanks for the update; was wondering waht's happening on this. So the funda is to delay the process as much as they can so that they can hold on to the vehicles and the owners for ransom.

Such a pathetic move; they wanted the owners to pay the tax at the time of confiscation, but have no respect for the common people's money & time.

[SILVERWOOD]

The Hindu. (Trivandrum Edition)

Waseem.

[samabhi]

Originally Posted by SILVERWOOD

The Hindu. (Trivandrum Edition)

Waseem.

Pardon my ignorance. Is this just a recommendation and will take its own sweet time to come into practice?

[binand]

Originally Posted by samabhi

Pardon my ignorance. Is this just a recommendation and will take its own sweet time to come into practice?

It very clearly states that the GoM has "recommended that there should be no subsequent tax" on re-registration based on certain criteria. So yes, it is a recommendation.

I can't find this GoM's terms of reference (I was under the impression they were to look into ways of increasing road safety), but assuming what they suggest now is something they are empowered to look into, there will be a report, then the MoRTH will draft legislation (assuming legislation is needed), all the time consulting other affected ministries (finance, home etc.) and in this case, even states, then the draft will come up in the parliament, lok sabha first, where the opposition will object to various clauses, it will be referred to a committee, said committee will deliberate, invite experts to testify and eventually make changes, it will be presented again in lok sabha, assuming it passes it will go to rajya sabha where the ruling dispensation has no majority so again it will be objected to, yet another committee, finally it will clear both houses, then the government will get down to the task of creating rules to support the act, get the rules also signed off from finance, home etc. ministries and the states, and finally there will be a gazette notification. Then it becomes the law - assuming nobody questions it in the court.

Phew! :-)

[SILVERWOOD]

Dear Friends,

We have filed another Caveat yesterday in the Honorable Supreme court to defend the judgement.

I will keep you all updated on the same.

Waseem.

[kaushik60]

I have a query. I am considering buying a Jazz V CVT, for my parents' use. My dad is originally from Payyanur in Kerala, and we have our home there. I grew up in Mysore, where we have a second home (my dad used to travel up and down on weekends). Now my dad is retired and will be settling down in Payyanur. But that is at least a few years away, as currently my parents are staying in Mysore to help my grandparents out. For majority of the time, the car will run in Mysore (~80%). They will be travelling up and down from Mysore to Payyanur and stay for a few days in Kerala every now and then (~20%). This Kerala trip will be at least once in 2 months until my grandparents lifetime, after which they will move permanently to Payyanur.

Now, my question. I have 2 options:

1. Buy and register the car in Payyanur. Use it in Mysore and Payyanur for the next couple of years, and then keep it in Payyanur when my parents move there for good.

Advantages - Lower initial cost, no hassle of changing registration later.
Disadvantage - Possible scenarios where we would be stopped by cops for explanations

2. Buy and register in Mysore for now. Use it in Mysore, and when the time comes, transfer to Kerala.

Advantages - peace of mind for next few years while driving in Mysore
Disadvantages - Higher initial cost, hassles with transfer of registration and refund of tax etc

What would you guys suggest? Few points to note:

1. I definitely want to follow the law. Are either of these options illegal?
2. Travels to Bangalore will be extremely rare. Most KA usage will be in Mysore.
3. That said, there will be travels to Kerala every month or every other month
4. In case I take option 2, what will be the LTT I will get refunded from KA, and what will I have to pay in Kerala? Where could I find this data?

Thanks a lot,
Kaushik

[Latheesh]

If your car is going to spend 80% of time in Karnataka - Better buy it in Karnataka.

[kaushik60]

Originally Posted by Latheesh

If your car is going to spend 80% of time in Karnataka - Better buy it in Karnataka.

I'm not sure if I was clear, I just want to clarify.

For the next couple of years. KA - 80%, KL - 20%
After that. KA - 10%, KL - 90%

Would you still suggest the same?

[Latheesh]

Yes, better buy it in Karnataka and get the road tax refund after he relocates to Payyannur.

In Karnataka - Other state vehicles are targeted for road tax frequently. TN vehicle were targeted during Cauvery issue.

[kaushik60]

Originally Posted by Latheesh

In Karnataka - Other state vehicles are targeted for road tax frequently. TN vehicle were targeted during Cauvery issue.

Yes, I heard about that. I was hoping that Mysore will be a little more comfortable on that aspect, which is why I specifically mentioned that bangalore runs will be minimal. It's been ages since I spent enough time in Mysore to know the situation on the ground regarding non-KA vehicles.

I guess it's better to be safe and buy in Mysore. But Im already dreading the process of getting the refund from RTO, when the time comes

[Chetan_Rao]

Originally Posted by kaushik60

Yes, I heard about that. I was hoping that Mysore will be a little more comfortable on that aspect.......

If anything, the Cauvery issue sees more impact in the Mysore/Mandya/Maddur regions due to close proximity to the river, even if stuff in Bangalore gets more screen-time and newsreel.

While that may happen only once in a while, the spectre of KA RTO chaps (and goons posing as such) hiding in every nook & cranny to pounce on an out-of-state car should be sufficient encouragement for local registration. KA govt's love for the law is one-sided, as is pretty evident from their response and subsequent actions pertaining the HC ruling.

If you're reasonably sure of the relocation timelines, why not consider buying a used KA-registered car in the interim, and buy the new one in KL once there?