Kerala HC seeks response from Transport Commissioner, Union Ministry on unauthorised vehicle modifications

The Kerala High Court has sought the response of the Transport Commissioner and the officer concerned in the Union Ministry of Road Transport over the issue of unauthorised light fittings and other modifications on vehicles.

A Division Bench of Justice Anil K Narendran and Justice Muralee Krishna S viewed in open court several video clips showing vehicles fitted with strobe lights, permitted only on emergency service vehicles, as well as other unauthorised modifications.

Expressing concern over the lack of enforcement, the Bench orally observed that no effective action was being taken against such violations. The court noted that even lights resembling those used on police vehicles were being fitted on private vehicles and that videos showcasing such modifications were being circulated by vloggers.

The Bench observed that the use of unauthorised strobe lights and similar fittings posed a serious risk to road users, including pedestrians, and reiterated that such lights are meant exclusively for emergency vehicles and are not permitted for use on private vehicles in India.

The observations came during the hearing of two suo motu proceedings initiated by the High Court concerning road safety issues arising from unauthorised vehicle modifications and fittings.

The videos shown before the court allegedly depicted a diesel car with a petrol tank installed inside its boot and flames emerging from its exhaust while in motion. Another vehicle was seen fitted with bright tricolour lights.

Referring to a recent fatal accident in Kozhikode in which four to five persons lost their lives, the Bench orally remarked that allegations had surfaced that the driver of an oncoming vehicle had failed to dim its headlights. The court said such incidents warranted a proper inquiry and observed that unauthorised lighting on vehicles could pose grave dangers to other road users, particularly two-wheeler riders and cyclists. It further remarked that obtaining insurance compensation after an accident could not be treated as a solution to the underlying safety concerns.

The court directed the Registry to save copies of the videos on a pen drive and a CD. It also directed that copies be furnished to the Special Government Pleader appearing for the State and the Senior Panel Counsel representing the Union Government.

The Government Pleader and the Senior Panel Counsel were directed to obtain instructions from the Transport Commissioner and the officer concerned in the Ministry of Road Transport, respectively, on the issue and the measures proposed to address it.
(With LiveLaw inputs)