IMPORTANT POINT
Vehicles must comply with safety standards under the Motor Vehicles Act and related regulations; unauthorized modifications render them unfit for public use.

ORDER :

1. This writ petition is registered suo motu based on the order of this Court dated 09.07.2024 in SSCR No. 30 of 2023, regarding the use of contract carriages and stage carriages in public places openly flouting the safety standards prescribed in AIS-008 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicle having more than Three Wheels including Quadricycles, Trailer and Semi-Trailer excluding Agricultural Tractors - and even AIS-052 - Code of Practice for Bus Body Design and Approval - posing a threat to the safety of other road users; the use of motor vehicles fitted with exhaust systems emitting fumes and loud sound, wide tyres protruding out of wheel arches/mudguards, etc. posing a potential threat to the safety of its passengers and other road users; recording of videos inside the driver cabin of contract carriages and other vehicles, while the vehicle is moving, thereby disturbing the concentration of the driver while driving; uploading videos by the vloggers on ‘YouTube’ and other online platforms promoting such unauthorised alterations and use of such vehicles in public places, etc.

2. By the order dated 12.07.2024, the 4th respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, and the 5th respondent State Police Chief, through the District Police Chief of the respective districts, are directed take necessary steps to ensure that motor vehicles which violate the standards prescribed in relation to road safety, control of noise and air pollution, which are posing a serious threat to the safety of its passengers and other road users, are not used in public places and to take stern action against such vehicles.

3. The additional 6th respondent in this writ petition is the registered owner of a contract carriage bearing Registration No. KL-10/BJ-9897, who has been issued with Ext.R6(a) show cause notice dated 04.07.2024 by the Motor Vehicles Inspector, Regional Transport Officer (E), Malappuram, under Section 53(1) of the Motor Vehicles Act, 1988. Alterations made to the electrical wiring kit (in violation of the safety standards in AIS-052 - Code of Practice for Bus Body Design and Approval) for fitting unauthorised lights (in violation of the safety standards in AIS-008 - Installation Requirements of Lighting and Light Signalling Devices for Motor Vehicles having more than Three Wheels, including Quadricycles, Trailor and Semi-Trailor, excluding Agricultural Tractor), pasting of stickers on the front windshield (in violation of the provisions contained in Rule 278 of the Kerala Motor Vehicles Rules, 1989) and disabling the Vehicle Location Tracking Device (VLTD) fitted in the contract carriage are the violation of the safety standards noted in Ext.R6(c) show cause notice.

4. In the order dated 13.09.2024, this Court noticed that, as evident from the photographs extracted at paragraph 7 of that order, even after removing unauthorised lights and other fittings, contract carriage bearing Registration No. KL-10/BJ-9897 is fitted with unauthorised LED lights on the front bumper. Lights in excess of the number prescribed in AIS-008 are fitted on the bus body, driver cabin and passenger compartment. The lights fitted in the passenger compartment and driver cabin are in violation of the safety standards contained in AIS-052 regarding ‘driver cabin lighting’ and ‘passenger compartment lighting’. Despite the directions contained in various orders of this Court, the concerned Enforcement Officer in the Motor Vehicles Department has not initiated prosecution against the owner and driver of that contract carriage, under sub-section (2) of Section 190 of the Motor Vehicles Act, for using such a vehicle in a public place. By the order dated 13.09.2024, this Court directed the learned Special Government Pleader to get instructions from the 4th respondent Transport Commissioner on the failure of the Enforcement Officers in the Motor Vehicles Department i