Kerala HC directs strict action against illegal vehicle modifications

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The Kerala High Court has directed the Enforcement wing of the Motor Vehicles Department (MVD) and the Kerala Police to impose strict penalties on all vehicles used in public spaces with illegal modifications in violation of the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989.

The court noted that the Enforcement wing had not taken any action against vehicles used in public places with wheels projecting outside the vehicles’ bodies, citing a specific instance of a modified four-wheeler, which had featured in the media after conducting rescue operations in Adoor that was impacted by the floods following the torrential rains in the first week of August.

The Transport Commissioner informed the court that the offending vehicle, with six additional lights, was fined ₹5,000, and an additional fine of ₹2,000 was imposed for a pollution-related violation. The court sought a complete report on the action taken on this four-wheeler and whether any permission was granted for the use of the vehicle in a public place.

The Division Bench of Justices Anil K. Narendran and S. Muralee Krishna directed that each instance of unauthorised modification to a vehicle, such as after-market multifunction lights, red-blue strobe lights, wheel spacers and wide tyres, which result in the vehicle projecting laterally beyond the body of the vehicle, after-market exhaust systems with ‘flame-kits’, would attract a fine of ₹5,000 per alteration.

The court found that the use of such vehicles in public places without complying with the provisions under the governing laws would endanger the safety of other road users. The Motor Vehicles Act and the subsequent rules detailed every aspect of the construction and maintenance of vehicles, and if an aspect was not mentioned, it should be assumed that it was specifically excluded, the court stated.

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