Vehicles With Extensive Modifications Endanger Road Safety: Kerala High Court To Pass Detailed Order

Update: 2023-08-21 13:15 GMT
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The Kerala High Court on Monday orally remarked that the use of extensive modifications on vehicles could endanger public lives and significantly undermine road safety. The division bench of Justice Anil K. Narendran and Justice P.G Ajithkumar suggested that appropriate action could be taken by the police officials to address this issue, including potentially taking custody of these...

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The Kerala High Court on Monday orally remarked that the use of extensive modifications on vehicles could endanger public lives and significantly undermine road safety. 

The division bench of Justice Anil K. Narendran and Justice P.G Ajithkumar suggested that appropriate action could be taken by the police officials to address this issue, including potentially taking custody of these vehicles.

The observations came in a suo motu matter taken up by the Court based on a report by the Sabarimala Special Commissioner regarding the functioning of the safe zone project, which had witnessed over 40 major accidents, 758 major breakdowns and 536 minor breakdowns since November 2021.

During the hearing today, the Court examined various visuals of extensively modified vehicles used as contract carriages, goods vehicles and carnet vehicles brought to India. It was noted that cars were brought to India by Carnet for drifting and other exhibitions and remarked that such vehicles are heavily modified and might not be safe to exhibit in public places and that they can be a threat to other road users.

The Court noted that extensive modifications on the vehicles will compromise the vision of the driver coming from the opposite side of the road. The Court noted that even vehicles before even registrations are taken to service workshops for making alterations. The Court noted that such extensive colour lights and modifications will endanger the lives of the public and will pose a threat to road safety.

The Court then orally remarked that police officials can take appropriate action and such vehicles can be taken into custody.

Previously, the Bench had issued various directions for road safety and for adhering to the provisions of the Motor Vehicles Act, especially relating to contract carriages during the Sabarimala season. That matter was disposed of in the year January 10, 2022, with directions to the Transport Commissioner, State Police Chief and various officers under them. In the said judgment, the Court had given elaborate directions to prevent using contract carriages that endanger public lives and the safety of passengers.

Subsequently, in an order dated October 14 2022, it was noted that even after directions being issued, the concerned officers were not taking efforts to prevent road accidents by ensuring strict enforcement of provisions of the Motor Vehicles Act, the Central Motor Vehicles Rules, the Kerala Motor Vehicles Rules and the Motor Vehicles (Driving) Regulations.

The Court had also considered the Muvattupuzha motorcycle accident which claimed the life of a twenty-year-old student and remarked that the accused in the alleged accident did not even possess a driver’s license. The Bench pointed out that the accident-involved motorcycle displayed improperly attached number plates, making them undetectable by Artificial Intelligence cameras. It also raised concerns about drivers who exhibit disrespect towards police officers during checks, stressing that such behaviour should not be condoned.

When the matter was taken up today, the Court declared that a detailed order regarding the matter will be issued. The case has been accordingly scheduled for further consideration on Friday.

Case title: Suo Moto v State of Kerala

Case number: SSCR 20/2021

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