Registration Certificate Of Vehicles With Extensive Modifications, Alterations & Unauthorized Lights Emitting Smoke & Loud Sound Be Suspended Or Cancelled: Kerala HC
|The Kerala High Court directed that the registration certificates of motor vehicles having extensive modifications and alterations and fitted with unauthorized lights, and emitting fumes, smoke and loud sound shall be suspended or cancelled.
The Court took suo motu cognizance of the issue regarding misuse of motor vehicles by some persons.
A Division Bench comprising Justice Anil K. Narendran and Justice Harisankar V. Menon said, “The certificate of registration of a motor vehicle, which had undergone extensive modifications and alterations and fitted with unauthorised lights and light-signalling devices flouting the safety standards in AIS-008, unauthorised exhaust system emitting fumes, thick smoke and loud sound, violating the standards prescribed in relation to road safety, control of noise and air pollution, after-market suspension/air suspension, wide tyres protruding out of wheel arches/mudguards, etc. posing potential threat to the safety of its passengers and other road users are liable to be suspended/cancelled.”
The Bench added that the driving licence of the driver who had driven such a vehicle in any public place is liable to be suspended for a period of three months, as per the statutory mandate of sub-section (2) of Section 190 of the Motor Vehicles Act, 1988 (MV Act) which shall be forwarded to the licensing authority for disqualification or revocation proceedings, under Section 19 of the Act.
Senior Government Pleader S. Rajmohan, SC G. Biju, Special Government Pleader P. Santhosh Kumar, SC P.M. Johny, and SC B. Premod represented the respondents in this case.
Background -
In the order passed in August last year, the High Court noticed the specific stand taken by the Deputy Solicitor General of India (DSGI), on instructions, that vehicles fitted with exhaust system emitting fumes and loud sound, wide tyres protruding out of wheel arches/mudguards, etc. cannot be permitted to be used in public place, posing a potential threat to the safety of its passengers and other road user and in case any such violations are noticed, the Enforcement Wing of the Motor Vehicles Department and the Police can proceed against the owner/driver of the said vehicle.
Based on such stand taken by the DSGI, on behalf of the Ministry of Road Transport and Highways, the Court ordered that it is for the police and the Enforcement Wing of the Motor Vehicles Department to proceed against the vehicles brought through Carnet, in case such vehicles are fitted with exhaust system emitting fumes and loud sound, wide tyres protruding out of wheel arches, mudguards, etc. It was ordered that, the owner/driver of the vehicles brought through Carnet shall also be proceeded against for the use of such vehicles in public places in violation of the restrictions regarding its use in India. Despite the specific directions contained in the orders of the, such vehicles were brought to India through Carnet and used in public places, including college campus in connection with ‘auto shows’, posing threat to the safety of other road users.
The High Court in the above regard observed, “The driver cabin of contract carriages, stage carriages and even goods carriages is fitted with multi-coloured LED lights, laser/neon lights causing distraction to the driver of that vehicle and also to other road users. In addition to fitment of unauthorised after-market multi-coloured LED/laser/neon lights/ flashlights, etc., openly flouting the safety standards prescribed in AIS-008, various objects are pasted/hanged in front of the windscreen and the name of the stage carriage is written in the middle of the windscreen, above the level of the dashboard, causing obstruction to the clear vision of the driver to the front, in violation of the provisions under Rule 278 of the Kerala Motor Vehicles Rules.”
The Court said that a motor vehicle fitted with unauthorised after-market multi-coloured LED/laser/neon lights/flashlights, etc., in violation of the safety standards prescribed in AIS-008 (Rev.2):2019 - Installation Requirements of Lightings and Light-Signalling Devices for Motor Vehicle having more than three wheels, including Quadricycles, Trailer and Semi-Trailer excluding Agricultural Tractor – cannot be treated as a vehicle which comply with the provisions of Chapter V of the Motor Vehicles Act.
“In view of the prohibition contained in sub-rule (1) of Rule 92 of the Central Motor Vehicles Rules, no person shall use or cause or allow to be used in any public place any such motor vehicle which do not comply with the provisions of Chapter V of the said Act. In case a contract carriage or stage carriage covered by AIS-052 – Code of Practice for Bus Body Design and Approval - are fitted with such unauthorised after-market multi-coloured LED/laser/neon lights/ flashlights, etc., in violation of the safety standards prescribed in AIS 008 (Rev.2):2019, it cannot be treated as a vehicle which comply with the provisions of Chapter V of the Motor Vehicles Act”, it noted.
Furthermore, the Court said that such vehicles are posing a potential threat to the safety of the passengers and other road users as the lights fitted on contract carriages are capable of dazzling drivers of the oncoming vehicle, pedestrians, and other road users.
Hence, the Court issued the following directions –
i) The Transport Commissioner, Kerala, through the Enforcement Officers in the Motor Vehicles Department and the State Police Chief, through the District Police Chief of the concerned Districts, shall take necessary steps to prevent the use of any contract carriage or any other motor vehicle in any public place, which violates the standards prescribed in relation to road safety, control of noise and air pollution.
ii) Any person, who drives or causes or allows to be driven in any public place a motor vehicle which violates such standards shall be proceeded against for an offence punishable under sub-section (2) of Section 190 of the Motor Vehicles Act and the driver of such a vehicle shall be disqualified for holding the licence for the period prescribed thereunder.
iii) In addition to the penal consequences provided as above, the owner of the vehicle has to be imposed with a fine of Rs.5,000/- per such alteration; i.e, Rs.5,000/- for each after-market multi-coloured LED/laser/neon lights, flashlights, as per the provisions under sub-section (4) of Section 182A of the Motor Vehicles Act, read with S.R.O.No.788/2019 published in the Kerala Gazette Extraordinary No.2577 dated 26.10.2019.
iv) The certificate of registration of a motor vehicle, which had undergone extensive modifications and alterations and fitted with unauthorised lights and light-signalling devices flouting the safety standards in AIS-008, unauthorised exhaust system emitting fumes, thick smoke and loud sound, violating the standards prescribed in relation to road safety, control of noise and air pollution, after-market suspension/air suspension, wide tyres protruding out of wheel arches/mudguards, etc. posing potential threat to the safety of its passengers and other road users are liable to be suspended/cancelled.
v) The driving licence of the driver who had driven such a vehicle in any public place is liable to be suspended for a period of three months, as per the statutory mandate of sub-section (2) of Section 190 of the Motor Vehicles Act, which shall be forwarded to the licensing authority for disqualification or revocation proceedings, under Section 19 of the Act.
vi) Such vehicles shall be produced before the jurisdictional Magistrate Court along with colour photographs and video showing the statutory violations and further proceedings regarding custody of those vehicles shall be taken based on the orders of that court.
vii) The Transport Commissioner, Kerala, through the Enforcement Officers in the Motor Vehicles Department and the State Police Chief, through the District Police Chief of the concerned Districts, shall proceed against vehicles brought through Carnet, in case such vehicles are fitted with exhaust system emitting fumes and loud sound, wide tyres protruding out of wheel arches, mudguards, etc.
viii) The owner/driver of such vehicles brought through Carnet shall also be proceeded against, for the use of such vehicles in public places, posing threat to the safety of other road users. The use of such vehicles for drifting and other purposes, in connection with events like ‘Auto Show’ in Engineering Colleges, shall be dealt with appropriately by the police and the Enforcement Wing of the Motor Vehicles Department.
ix) The Enforcement Officers in the Motor Vehicles Department shall collect video contents of unauthorised alterations in contract carriages and other motor vehicles, and also use of such vehicles in public places, which are being uploaded on online video platforms like ‘YouTube’, by the registered owners of such vehicles or vloggers.
x) In case such videos are recorded inside the driver cabin of contract carriages, stage carriages, heavy goods vehicles or other motor vehicles, while the vehicle is moving, disturbing the concentration of the driver while driving, thereby posing a potential threat to the safety of other road users, the driver/owner of that vehicle shall be proceeded against as per the relevant provisions in the Motor Vehicles Act.
The Court also noted that large number of vehicles exhibiting ‘unauthorised’ name boards, emblems and flags are being used in public places, which are even fitted with ‘strobe lights’ inside the front grill and such ‘unauthorised’ name boards, emblems, flags, etc., are exhibited to escape from the checking by the police and the Enforcement Officers in the Motor Vehicles Department and to avoid payment of tolls at the toll booths and also the restrictions regarding parking or entry of vehicles. Therefore, it ordered that the preliminary report filed by the Transport Commissioner shall also deal with such aspects.
Accordingly, the High Court listed the case on June 7, 2024.
Cause Title- Suo Motu v. State of Kerala and Others
Appearance:
Respondents: Senior Government Pleader S. Rajmohan, SC G. Biju, Special Government Pleader P. Santhosh Kumar, SC P.M. Johny, SC B. Premod, Advocates Deepu Thankan, Ummul Fida, Lakshmi Sreedhar, Lekshmi P. Nair, Namitha K.M., Joshy V.V., Amicus Curiae Sayujya Radhakrishnan, Advocates D. Kishore, R. Muraleekrishnan, and Meera Gopinath.