Bavaria Motors’ Appeal Dismissed; Goa Govt Upholds 90-Day Trade Certificate Suspension

Porvorim, July 13: In a significant order, the Appellate Authority and Secretary (Transport), Government of Goa, has dismissed the appeal filed by M/s. Bavaria Motors Pvt. Ltd., upholding the 90-day suspension of its Trade Certificate imposed by the Directorate of Transport for violating the Central Motor Vehicles Rules (CMVR), 1989.

 

The appeal challenged the order dated 8 May 2026, by which the Director of Transport suspended Trade Certificate No. GA08C0001TC (TRM Nos. 0001 to 0004) for 90 days with effect from 9 May 2026 under Rule 44 of the CMVR.

The case arose after Bavaria Motors admitted that a Mini Cooper LMV was delivered to a customer without completing vehicle registration, an act that directly contravenes Rule 42 of the CMVR, 1989, which prohibits delivery of an unregistered vehicle.

During the appeal, Bavaria Motors argued that suspending the entire trade certificate was excessive and adversely affected its business and customers. The company requested that the suspension be limited only to Trade Registration Mark (TRM) No. 0004, which was allegedly linked to the incident.

However, the Transport Department contended that the trade certificate is a single unified legal entity, with TRMs 0001 to 0004 being subsidiary allotments rather than independent certificates. Therefore, suspension of only one TRM was not legally permissible.

Appellate Authority’s Conclusions

After hearings held on 2 June and 19 June 2026, the Appellate Authority concluded that:

The violation of Rule 42 was admitted by the appellant.

Under Rules 35, 42 and 44 of the CMVR, there is no legal provision to suspend only one Trade Registration Mark while keeping the parent trade certificate active.

Delivering an unregistered vehicle poses serious legal and public safety concerns, making the 90-day suspension proportionate and justified.

Authority’s Final Decision

Accordingly, the Authority:

Upheld the finding of violation under Rule 42.

Rejected Bavaria Motors’ request to restrict the suspension to TRM No. 0004.

Confirmed the original 90-day suspension of the entire Trade Certificate.

Discharged the show-cause notice seeking enhancement of punishment.

Dismissed the appeal in its entirety.

The final order is dated 9 July 2026 and was issued by the Appellate Authority & Secretary (Transport), Government of Goa.

RTI activist Sudip Tamhankar was following up the matter.

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