Kerala High Court Calls For State's Explanation On Circular Allegedly Exempting Public Buses From Following Road Safety Standards

The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S. orally said, “We need the circumstances under which the government order was issued.”

The Court has sought instructions from the learned Standing Counsel for KSRTC and Special Government Pleader about the 'Munnar Royal View' double-decker bus by KSRTC launched for tourism purposes in Munnar which is fitted with multi-colour LED lights. The Court has also sought instructions regarding KSRTC bus operating on the Sabarimala road with headlights only on one side during the night hours.

The Court viewed visuals of the above buses, which were openly flouting safety standards outlined in AIS-008 (Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicles) as well as contravening the Central Motor Vehicle Rules.

Court stated thus, “The learned standing counsel for KSRTC seeks time to file an affidavit with specific reference to KSRTC buses. The learned Standing Counsel has made available for the perusal of this Court a government order dated 28.12.2024, whereby Government has granted exemption, invoking the provisions under Rule 334 of Kerala Motor Vehicles Rules to install multi color LED lights in the passenger compartment and also on the side window glasses and also on wheel arch of KSRTC double decker buses….The learned government pleader would submit that a copy of that government order will be placed on record along with affidavit. The learned Special Government Pleader seeks time to get instructions with specific reference to the aforesaid government order. The Learned Special Government Pleader seeks adjournment to address arguments regarding the exemption granted to KSRTC by the government order with specific reference to safety standards in AIS 008 and also the provisions under the Central Motor Vehicle Rules.”

The Court was considering issues of extensively modified contract carriages and stage carriages fitted with unauthorised lights and light-signalling devices, flouting the safety standards in AIS-008, and unauthorised exhaust systems emitting fumes, thick smoke and loud sound, that violate road safety standards.

The Court noted that extensive modifications on the vehicles will compromise the vision of the driver as well as the vision of the driver of the vehicle coming from the opposite side of the road. 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.

Earlier, 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. Previously, it had also taken action against motor vehicle owners who use extensively modified vehicles and vloggers who promote and upload such videos on YouTube.

The matter has been listed to January 31 for further hearing.

Case Title: Suo Motu v Union Of India Represented By The Secretary (Road, Transport And Highways) & Connected Cases

Case Number: WP(C) 25158/ 2024 & Connected Cases