Motor Vehicles: Kerala High Court Issues Directions On Use Of Flashy Headlights, Usage of Official Emblem, Flags, Name Boards Etc

Justice Anil K. Narendran while hearing a plea concerning the compliance with motor vehicle rules, ordered the Transport Commissioner to file a report regarding the action taken in pursuance of the directions issued in an earlier judgment dated 28.10.2019. The matter has been posted on 7^th July 2021.

This comes after it was observed that despite clear and detailed directions issued by the Court in the matter, motor vehicles that did not comply with these directions were still permitted on public roads, thereby posing a risk to road safety in the State.

These directions were issued in a matter where the petitioner, Principal of Sabari PTB Smaraka Higher Secondary School, filed a writ petition seeking a directive to the Additional Registering Authority to endorse his class of vehicle as an Educational Institution Bus (Contract Carriage), without insisting compliance of Rule 125C of the Central Motor Vehicles Rules.

However, the Court had observed that the said vehicle did not meet the safety standards and yet was granted a fitness certificate by the concerned authorities. This was questioned by the Single Bench.

Moreover, a news report dated 5^th April 2021 whereby a group of lorries fitted with unauthorised lights, stickers on safety glass and obstructions to the clear vision of the driver had obtained approval of the Motor Vehicles Department was examined by the Court.

It was noted that despite several violation of the safety standards, a large number of motor vehicles, likely to endanger the safety of other road users, were still being permitted in public place, despite the specific directions contained in the judgment of this Court dated 28.10.2019.

Advocate P. Deepak appeared on behalf of the petitioner, and Special Government Pleader Advocate P Santhosh Kumar represented the respondents.

Directions Issued:

Lighting, Light Signalling and Retro-reflectors

Motor vehicles with more than three wheels, trailers and semi-trailers, excluding agricultural tractor and special purpose vehicles, shall not be permitted to install any lighting, light-signalling devices or retro-reflectors, other than those allowed under AIS-008. Use of a motor vehicle in a public place without compliance with such installation requirements is likely to endanger the safety of other road users.

Therefore, a motor vehicle should conform to the individual specifications for such lighting and light-signalling devices and retro-reflectors, including the number, position, width, height, length, geometric visibility, orientation, etc.

Additionally, it was directed that no motor vehicles with any object in front of such lighting, light-signalling devices or reflectors were not allowed in public space. Likewise, vehicles with 'tinted' lighting (i.e., headlights, tail lights, or indicators) or reflectors fixed with vinyl tint film stickers were disallowed.

"The light emitted from the additional headlamps/lamps/flashing lamps installed on such vehicles is capable of dazzling the drivers of the oncoming vehicles and also the pedestrians..

The light emitted from the additional headlamps/lamps installed on the face cowl is capable of dazzling the drivers of the oncoming vehicles directly, and also the drivers of the vehicles proceeding in front, indirectly, through ther ear-view mirrors and/or other reflecting surfaces of their vehicle.The light emitted from such additional headlamps/lamps is also capable of dazzling the pedestrians. Motor vehicles are being permitted to be used in public place after putting objects in front of the lighting, light-signalling devices or reflectors. Large number of motor vehicles, especially motor cars are being permitted to be used in public place after replacing the prototype approved reflectors on the rear bumper with after-market LED brakelights/direction indicator lights", the Court observed.

Detectable and Legible Registration Marks

The registration marks of motor vehicles should be displayed on the licence plate as per the mandate of Rule 50(1)(vi). These registration marks should be displayed clearly and legibly using fonts with uniform thickness. The display of registration mark using fancy or decorative fonts was prohibited.

Usage of rear registration plate (mark) illuminating lamp, to light up the space accommodating the rear registration plate was also made mandatory by the Court.

No Obstructions on Safety Glass

It was noted that vehicles were presently permitted in public place after tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows, by pasting stickers or tint films on them, in violation of Rule 100(2). These were directed to be removed.

Similarly, all officers in Police Department and government officials were directed to remove contraband articles including window curtains, black films and sun films from their department vehicles as well, in accordance with the circulars issued by the State to that effect.

No Obstructions to Clear Vision of Driver

No object should be placed or hung in front of the windscreen, causing obstruction to the clear vision of the driver, both to the front and through an angle of ninety degree s to his right or left-hand side.

Usage of Official Emblem or Flags On Motor Cars

No person, including former functionaries of the Government, other than those authorised under the State Emblem of India (Regulation of Use) Rules, shall use the official state emblem in any manner. Therefore, only motor vehicles carrying constitutional authorities and other dignitaries are permitted in public place displaying such official emblems.

Similarly, the privilege of flying the National Flag on motor cars is limited to the dignitaries specified in clauses (1) to (7) of the Flag Code of India. It was also laid down that the State was not empowered to permit the use of any emblem/star plate or display of any flag on a motor vehicle, other than a vehicle carrying the constitutional authorities and other dignitaries.

Name Boards On Motor Vehicles

The State government is not endowed with the authority to permit the use of 'name board' on a motor vehicle, the Court established. It also prohibited display of red or blue colour name boards on the vehicles owned by co-operative societies.

Moreover, no letter, word, figure, picture or symbol other than the registration number shall be displayed, inscribed or written on the registration plate of a motor vehicle, including a motor vehicle carrying the constitutional authorities and other dignitaries.

Penalties

Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates these standards of road safety is liable to be punished for the first offence with imprisonment up to three months, or with a fine which may extend to ten thousand rupees or with both. He shall be disqualified for holding licence for three months.

For any subsequent offence, he shall be punished with imprisonment up to six months, or with fine which may extend to ten thousand rupees, or with both.

Whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the Rules and Regulations is liable to be punished with imprisonment up to six months, or with fine of five thousand rupees or with both.

The fitness certificate issued to a vehicle contravening any of the directions or the Rules is liable to be cancelled.

Background:

The petitioner had purchased a registered Heavy Passenger Motor Vehicle for conveyance of students in February 2018. Since it was earlier registered as a stage carriage, the petitioner applied for permission for alteration of the vehicle as Educational Institution Bus (Contract Carriage). However, he was issued with a certificate of registration for Stage Carriage, instead of Educational Institution Bus.

The Additional Registering Authority justified this by asserting that to change the class of vehicle as Educational Institution Bus, alteration had to be done in accordance with Rule 125C of the Central Motor Vehicles Rules.

The petitioner contended that the provisions under Rule 125C of the Central Motor Vehicles Rules apply only to models of vehicles approved after 1^st October 2014 and approached this Court.

The Additional Registering Authority was thereby directed to conduct an inspection of the vehicle and submit a report. But the inspection report was silent on the alterations carried out in the vehicle for change of class from Stage Carriage to Contract Carriage.

Moreover, the report did not indicate whether the all tests specified in Rule 62 of the Rules were carried on. From the photos produced of the vehicle, the Court observed that it had several deviations from the said Rules and Motor Vehicles (Driving) Regulations.

On that ground, the concerned authorities were impleaded as additional respondents to the petition and directed to file an affidavit explaining the aforementioned oversights. The defects were accordingly cured and the authorities were asked to take an appropriate decision regarding the change of the class of that vehicle as Educational Institution Bus strictly in accordance with law.

It was observed that motor vehicles likely to endanger the safety of other road users were being permitted to be used in public place by the Registering Authorities in the State. Therefore, by a judgment dated 28^th October 2019, the Court issued the aforementioned list of guidelines to be followed by all motor vehicles in order to ensure the safety of road users.

Title: The Principal, Sabari PTB Smaraka H.S.S vs. Additional Registering Authority