Kerala HC directs stringent penalties for unauthorised vehicle modifications
The Kerala High Court has directed the Enforcement wing of the Motor Vehicles Department (MVD) and the Kerala Police to take strict action against vehicles with illegal modifications operating in public spaces. The directive, issued by a Division Bench comprising Justices Anil K. Narendran and S. Muralee Krishna, aims to enforce compliance with the Motor Vehicles Act, 1988, and the Central Motor Vehicles Rules, 1989.
The court's intervention came after it was informed that no action had been taken against vehicles fitted with wheels projecting beyond their bodies. The specific case involved a modified four-wheeler that gained media attention after participating in rescue operations in flood-affected Adoor during the heavy rains in early August. The Transport Commissioner reported that the vehicle, which had six additional lights, was fined ₹5,000 for the illegal modifications and an additional ₹2,000 for a pollution-related violation.
Seeking a complete report on the action taken, the court also questioned whether any permission had been granted for the use of the said vehicle in a public place. In its order, the Bench clarified that each instance of unauthorised alteration—such as after-market multifunction lights, red-blue strobe lights, wheel spacers, wide tyres that extend beyond the vehicle's body, and after-market exhaust systems with 'flame-kits'—would attract a separate fine of ₹5,000 per modification.
The court observed that the use of such vehicles in public spaces, without adhering to the provisions of the governing laws, poses a serious risk to the safety of other road users. It reiterated that the Motor Vehicles Act and its rules comprehensively detail every aspect of vehicle construction and maintenance. If a particular feature is not explicitly mentioned in the regulations, it should be treated as deliberately excluded, the court stated.
Legal experts note that this ruling could serve as a deterrent against the growing trend of vehicle customisation, which often compromises safety standards. The MVD and police have been directed to ensure consistent enforcement and to submit compliance reports. This decision underscores the judiciary's commitment to upholding road safety and the rule of law, ensuring that no individual or entity places personal preference above public interest.
The High Court's directive aligns with existing legal provisions and aims to bring uniformity in penalising violators, regardless of the purpose for which the vehicle was used, including rescue operations. While the modified vehicle in question was engaged in relief work, the court emphasised that such use does not exempt it from complying with the law, as public safety remains paramount.
As the state grapples with the aftermath of severe weather events, this ruling also highlights the need for responsible vehicle ownership and adherence to prescribed standards, even in emergency situations. The authorities are expected to act promptly on the court's instructions, ensuring that all modified vehicles on Kerala's roads are brought under scrutiny.
