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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
SUO MOTU – Appellant
Versus
Union Of India, Represented By The Secretary (Road, Transport And Highways), Ministry Of Road Transport And Highways, Transport Bhawan, Gokul Nagar, Sansad Marg Area, New Delhi – Respondent
| Table of Content |
|---|
| 1. suo motu writ petition regarding vehicle safety standards. (Para 1 , 2 , 3) |
| 2. concerns about dazzling led headlights and unauthorized lights. (Para 8 , 9) |
| 3. court's notice on unauthorized vehicle modifications. (Para 11 , 12 , 13) |
| 4. exemption provisions cannot override safety standards. (Para 14 , 15 , 39) |
| 5. directive for enforcement of vehicle safety regulations. (Para 46 , 67) |
ORDER :
Anil K. Narendran, J.
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 passenge
Unauthorized modifications to vehicles violate safety standards under the Motor Vehicles Act, posing risks to public safety, necessitating strict enforcement of compliance measures.
Vehicles must comply with safety standards under the Motor Vehicles Act and related regulations; unauthorized modifications render them unfit for public use.
vehicles in public place, flouting the standards in relation to road safety, is likely to endanger the safety of the passengers of such vehicles and also other road users.
Point of Law : If there is any obstruction to the discharge of duties by Enforcement Officers in the Motor Vehicles Department, while conducting inspection in contract carriages and other transport v....
Authorities cannot penalize vehicle owners for maintaining Safety Glazing that conforms to VLT requirements as per amended Central Motor Vehicles Rules, reflecting lawful compliance.
The court established that vehicle owners cannot be penalized for using compliant 'Safety Glazing' as per the amended CMV Rules.
The subsequent amendments to the Central Motor Vehicles Rules, 1989, and the government orders/circulars regulating the use of flags, insignia, and name boards in motor vehicles rendered the issuance....
Point of law: prescription of standards relating to testing and approval for body building of buses/sleeper coaches, as provided under Rule 125C of the Rules, 1989 are applicable to all buses/sleeper....
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