Kerala HC (File photo) 
Kerala

Act tough against illegally modified vehicles, says Kerala HC

It ordered action against unauthorised exhaust systems emitting fumes, thick smoke, and loud sound, violating the standards prescribed in relation to road safety.

Express News Service

KOCHI: Expressing concern over the rising number of road accidents in the state, the Kerala High Court has directed central and state governments to explain whether strobe lights or stroboscopic lamps, that produce regular flashes of light are permitted on motor vehicles in the country. 

A division bench headed by Justice Anil K Narendran directed the motor vehicles department (MVD) and state police chief to take stringent action against modified vehicles, including vehicles brought through ‘Carnet’, which had undergone extensive modifications and alterations and are fitted with unauthorised lights and light-signalling devices, flouting safety standards. It ordered action against unauthorised exhaust systems emitting fumes, thick smoke, and loud sound, violating the standards prescribed in relation to road safety.

“The state has a statutory duty to scrupulously enforce through police and enforcement wing of the MVD, the provisions of the Motor Vehicles Act,” the HC said. 

Illegally modified vehicles threat to road users: HC

“No leniency can be shown in offences like driving at a speed exceeding the specified limit; carrying overload in goods carriages; driving vehicles under the influence of drinks and drugs; using a mobile phone while driving a vehicle, etc,” the court said.

“Once the offence of carrying overload in goods carriages is detected, the duly authorised police officers and the officers in the enforcement wing of the MVD shall forthwith forward the driving licence of the driver of the vehicle to the concerned licensing authority for initiating proceedings under sub-section (1) of Section 19 of the Motor Vehicles Act,” it said.

The court said video content of the alterations made on goods vehicles and the use of such vehicles in public places are being uploaded on online video platforms like YouTube by registered owners of such vehicles or by vloggers. 

“As per Para 5.1. of AIS-008, only those lighting and light signalling devices referred to in 6.0 of the standards shall be permitted to be installed on motor vehicles. Use of a motor vehicle in a public place without complying with the installation requirements of lighting and light-signalling devices and also retro-reflectors as per AIS-008 is likely to endanger the safety of other road users. Multi-coloured LED/laser/neon lights and flashlights are capable of dazzling the drivers of oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users.” 

Violators should be dealt with in accordance with the law. In addition to criminal cases, the vehicle’s owner must be imposed a fine of `5,000 for each such alteration, it said.

The HC also noted that good vehicle owners and association members are obstructing the official duties of enforcement agencies. It held that any obstructions caused by the driver/owner of goods vehicles and also office-bearers and members of the Torus Tipper Association, in the discharge of functions by MVD officers should be dealt with appropriately.

‘NO LENIENCY’
The HC said no leniency can be shown in offences like driving at a speed exceeding the specified limit; carrying overload in goods carriages; driving vehicles under the influence of drinks and drugs; using a mobile phone while  driving, etc.

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