Kerala High Court Views Viral Videos Showing Unauthorized LED Lights, Cabin Videography In Buses; Orders Enforcement Drive

The Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. cautioned against the dangers that these unauthorized fixings and videography in drivers' cabins can cause to passengers onboard and other road users.

The clippings played in open court included one in which three vehicles collided while videography was happening inside driver's cabin of a moving vehicle. The Court questioned what the passengers in the bus had done to deserve this fate.

It reminded that these actions amount to openly flouting the AIS-008 and AIS-052 safety standards prescribed by the Central Government regarding lighting installation requirements and Code of Conduct for Bus Body Design as per the Automotive Industry Standard.

Referring to a video in which passenger students are dancing inside the bus with multiple LED lights flashing, the Court orally questioned:

“Now you can see another vehicle which has been modified. How can they have this beacon like light fitment? You can also see video in which even the parents of the children are taking videos when the vehicle is moving with children dancing with loud music and all. The Motor Vehicles Driving Regulations 2017 says this is legally impermissible. It is only intended for the safety of the passengers…In so far as the unauthoritsed lights are concerned, that fine should be 500 per light.”

The Court warned that such types of unauthorized fittings can blind the drivers and riders coming up from the opposite side, causing accidents.

Earlier, the Court had asked the State to inform about the action taken report regarding vlogging inside moving buses and heavy vehicles. Accordingly, today it was told by the State that pursuant to the order, the Transport Commissioner had issued a communication yesterday to all Deputy Transport Commissioners asking the enforcement drive to cover these violations also.

“The Transport Commissioner shall obtain a report from the concerned enforcement officers regarding the statutory violations noted in the video clippings. The details of the educational institutions seen in the photographs in question shall also be obtained from the concerned educational officers,” the Court directed in its interim order today.

The Court directed the counsel representing the Central and State governments to forward these video clippings to the State Transport Commissioner and the officer in the Ministry of Road Transport and Highways dealing with road safety.

“This is the way in which the system functions. And if you are taking some action against these type of vloggers…This is the way in which vehicles are being plied in public road. Certain videos that are here, we can identify the name of the institution. Get a detailed report from the concerned officer…,” the Court orally remarked, criticizing the inaction of the authorities.

It also directed the Transport Commissioner and the State Police Chief to take action to prevent and deal with such safety violations. It added to the interim order:

"we deem it appropriate to direct the Transport Commissioner and also the State Police Chief to take necessary steps to ensure that the violation of the said safety standards and use of such vehicles causing threat to the passengers and other road users are effectively curbed by taking stringent action against the offenders."  

The case is posted after two weeks for further consideration.

Case No: WP(C) 25158/2024

Case Title: Suo Motu v. Union of India and Ors.