Unauthorized modifications to vehicles violate safety standards under the Motor Vehicles Act, posing risks to public safety, necessitating strict enforcement of compliance measures.

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 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. On 09.12.2024, when this writ petition along with the connected matter, i.e., W.P.(C)No.25129 of 2024, came up for consideration before the Division Bench headed by the Hon’ble the Chief Justice, in view of the earlier order passed, the matters were directed to be placed on the administrative side for appropriate orders. When the matters were placed before the Hon’ble the Chief Justice on the administrative side, it was ordered on 13.12.2024, to place the writ petitions before the Division Bench headed by one among us [Anil K. Narendran, J.]. Accordingly, this writ petition along with the connected matter, i.e., W.P.(C)No.25129 of 2024 are being listed before the Division Bench headed by one among us [Anil K. Narendran, J.] and various orders have been passed from 19.12.2024.

3. In the order dated 27.01.2025, this Court noticed that in view of the provisions contained in the Motor Vehicles Act, 1988 and the Rules and Regulations made thereunder and also the safety standards 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 AIS-052 - Code of Practice for Bus Body Design and Approval - and the law laid down in Avishek Goenka v. Union of India [ (2012) 5 SCC 321 ] Jijith and others v. State of Kerala and others [2019 (1) KHC 463]; Suo Motu v. Union of India [ 2024 (6) KLT 437 ] etc., the use of KSRTC ‘Munnar Royal View’ double-decker bus in a public place with ‘RGB’ colour-changing decorative LED lights, emitting Red, Green and Blue light in the passenger compartments and on the edges of the safety glass fitted on the side windows; with three headlamps on either side, i.e., six headlamps, after- market stop lights red in colour with neon halo rings amber in colour, openly flouting the safety standards in Para.5.15 of AIS- 008, without ‘retro-reflectors’ on the exterior bus body, to indicate the presence of the vehicle by the reflection of light emanating from a light source not connected to the vehicle, as per the safety standards in Rule 104 of the Central Motor Vehicles Rules and Para.5.15 of AIS-008, is legally impermissible. The use of such a vehicle in a public place posing a threat to the safety of other road users will be in violation of the law laid down by the Apex Court and this Court in the decisions referred to supr