Vloggers Recording Video Inside Driver Cabin Of Moving Vehicles To Be Booked Under Motor Vehicles Act: Kerala High Court

The Court further directed that vloggers who record video inside the driver's cabin of the moving vehicle disturbing the driver's concentration and endangering the safety of road users shall also be proceeded against under the Motor Vehicles Act.

In October last year, the Court had directed the State Police as well as the Enforcement Officers in the Motor Vehicles Department to initiate appropriate action against some vloggers who were promoting the use of modified vehicles, including buses with modified LED lights, by posting vlogs on YouTube and other online media. It said that irrespective of earlier directions, such motor vehicles with alterations were used in public places and thus pose a threat to the safety of road users.

The Division Bench comprising Justice Anil K Narendran and Justice Harisankar V. Menon stated that extensively modified vehicles fitted with unauthorised lights and light-signalling devices, flouting the safety standards in AIS-008, unauthorised exhaust system emitting fumes, thick smoke and loud sound, violates road safety standards and cause air and noise pollution. It thus held that they could be proceeded against under Section 190 (2) of the Motor Vehicles Act and their driving licence shall be disqualified.

As per Section 190(2) of the MV Act, any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air pollution, shall be punishable for the first offence with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding a licence for a period of three months and for any second or subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.

The directions issued by the Court are as follows:

1. Transport Commissioner and other authorities to prevent the use of contract carriages or other vehicles in public places that violate road safety standards causing noise and air pollution;
2. Drivers who use extensively modified vehicles contrary to law shall be punishable under Section 190 (2) of the Motor Vehicles Act and their driving licence shall be suspended;
3. Owners of modified vehicles are to be imposed 5000 rupees per alteration;
4. Certificate of registration of extensively modified vehicles posing a threat to the safety of passengers and road users is liable to be cancelled/suspended;
5. Extensively modified and altered vehicles shall be produced before a jurisdictional magistrate who shall take further proceedings regarding its custody;
6. Transport Commissioner and other officers of motor vehicle department to take action against vehicles brought through carnet which are extensively altered, such owners/drivers shall be proceeded against under law, use of carnet vehicles for events like 'Auto Shows' are prohibited;
7. Enforcement officers of MVD to collect videos of extensively modified vehicles uploaded by registered owners or vloggers on video platforms like YouTube; they shall be proceeded against under Section 190 (2) of the Motor Vehicles Act;
8. Vloggers recording video inside driver cabin of moving vehicles of contract carriages, stage carriages, heavy goods vehicles or other motor vehicles will also be proceeded against under the Motor Vehicles Act for causing disturbance to driver and endangering road safety. It said, “The vlogger who recorded that video while the vehicle was moving shall also be proceeded against, in accordance with law, for disturbing the concentration of the driver while driving a motor vehicle. The concerned officer in the Enforcement Wing of the Motor Vehicles Department shall report the same to the authorised officer of the online platform for taking necessary action. “

The Court was apprised about a YouTuber named 'Sanju Techy' who uploaded a video on YouTube of a makeshift swimming pool inside his car and drove it on the public road by releasing the water from the makeshift swimming pool onto the road in a dangerous manner. The Court was informed that the YouTuber was booked by the Enforcement Wing of the Motor Vehicles Department and proceedings were also initiated against the driver and owner of that car. The Court sought a detailed report from the Regional Transport Office along with a preliminary report from the Transport Commissioner regarding how vehicles extensively modified in violation of safety standards were permitted for road use.

Further, the Court has stated that the Police and Enforcement Officers of the Motor Vehicles Department shall take action against persons who use unauthorized name boards and emblems on vehicles contrary to Rule 92 A of the Kerala Motor Vehicles Rules, 1989.

As per Rule 92A, only vehicles specified thereunder shall exhibit boards showing the name of the government or government department or the designation of the officer using it. The Court noted that certain vehicles fit name boards like 'Kerala State', 'Government of India', unauthorized emblems, strobe lights inside front grills and flags to avail parking facilities at Pamba in Sabarimala and to avoid payment of tolls at toll booths.

The Court directed the Transport Commissioner to include the details relating to the usage of unauthorized names and emblems in its preliminary report.

It said, “The exhibition of 'unauthorised' name boards have to be dealt with, in appropriate cases, by initiating prosecution under Section 171, Section 419 and other penal provisions under the Indian Penal Code, 1860, in addition to the penal provisions under the Motor Vehicles Act.”

The Court directed the Transport Commissioner and State Police Chief to ensure strict compliance of the directions issued by the Court.

The matter has been posted to June 07, 2024, for further hearing.

Case title: Suo Moto v State of Kerala

Case number: SSCR Nos.29, 30 and 36 of 2023

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