The Kerala High Court mandated stringent measures against illegally modified vehicles and their owners, drivers, and vloggers who film from inside the driver’s cabin while the vehicle is in motion. The Court issued several directives aimed at curbing the use and promotion of such vehicles. The crackdown aims to enhance road safety and ensure compliance with legal vehicle modification standards.
Kerala: The Kerala High Court recently issued a directive to take strict action against vehicles that have been illegally modified, as well as vloggers who record videos from the driver’s cabin of such modified vehicles while they are in motion.
In an order dated May 31st, Justices Anil K Narendran and Harisankar V Menon emphasized that vloggers who record videos from inside the driver’s cabin of a moving vehicle should face penalties under the Motor Vehicles Act of 1988. This is because such actions can disrupt the driver’s concentration and endanger other road users.
Furthermore, the Court ruled that the owners responsible for illegally modifying a vehicle should be fined Rs. 5,000 per alteration, as per the provisions of the Motor Vehicles Act.
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The Kerala High Court taken a significant step in addressing the issue of extensively modified vehicles by owners and vloggers. The Court directed the Kerala Motor Vehicle Department‘s Enforcement Officers to gather videos uploaded online, particularly on platforms such as YouTube, showcasing these modified vehicles.
The Court’s order comes as part of a suo motu case where it addressed the problem of vehicles with unauthorized modifications, such as the addition of lights and exhaust systems that emit excessive light, smoke, and noise. The Court determined that these modifications violate the safety standards outlined in AIS-008 and contribute to air and noise pollution.
In a previous ruling in October last year, the Court decided that vehicles violating safety standards should be prosecuted under Section 190(2) of the Motor Vehicles Act, 1988, which deals with the punishment for violating prescribed standards of road safety, control of noise, and air pollution. The Court also directed the State Police and Enforcement Officers to take strict action against owners, drivers, and vloggers who promote these modified vehicles on YouTube and other online platforms.
The Court’s efforts to address the issue of extensively modified vehicles and their impact on safety and the environment commendable. By targeting the source of these modifications, the Court aims to curb the proliferation of such vehicles and ensure compliance with the relevant safety and environmental standards.
The court expressed concerns that despite previous rulings, vehicles with unauthorized modifications continue to be used on public roads, posing significant safety risks. During a recent hearing on May 31st, the court informed about an incident involving a YouTuber known as ‘Sanju Techy’.
According to the Special Government Pleader, this YouTuber driving a vehicle that had been modified to include a makeshift swimming pool inside. The driver released water from this pool onto the public roads, creating a dangerous situation.
The court informed that the Motor Vehicles Department now filed charges against the YouTuber, as well as the car’s driver and owner, in relation to this incident.
The court requested a detailed report from the Regional Transport Office regarding this specific case. Additionally, the court asked the Transport Commissioner to provide a preliminary report on how such modified vehicles allowed to operate on public roads, despite the court’s previous warnings.
The court observed that despite its efforts, the problem of altered vehicles and unsafe driving practices persists in public spaces. The court determined to address this issue and ensure the safety of all road users.
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The authorities issued a series of directives to address violations related to modified vehicles. Some key points are:
- Drivers using heavily modified vehicles illegally will face punishment under Section 190(2) of the Motor Vehicles Act, and they may be disqualified from holding a driver’s license for three months.
- Owners of modified vehicles will be fined Rs. 5,000 per alteration.
- The registration certificates of extensively modified vehicles that compromise passenger and road user safety will be canceled or suspended.
- The Transport Commissioner should take action against owners who have extensively altered carnet vehicles (temporarily imported vehicles) and used them in public places, including at auto shows.
- Enforcement officers should collect videos of modified vehicles uploaded online by owners and vloggers, and proceed against them under the relevant sections of the Motor Vehicles Act.
- Vloggers recording inside the driver’s cabin while the vehicle is in motion will face penalties for distracting the driver and endangering the safety of other road users.
The Court ordered the Transport Commissioner and State Police Chief to ensure strict compliance with these directives, and the matter scheduled for further hearing on June 7, 2024.
The State represented by Senior Government Pleader S Rajmohan, and the Kerala State Road Transport Corporation represented by Special Government Pleader P Santosh Kumar.