Vehicles With Multi-Colour LED, Neon Lights Can't Be Treated As Compliant With MV Act For Grant Of Fitness Certificate: Kerala High Court

The Kerala High Court recently held that vehicles that install additional LED, laser, neon lights or flash lights cannot be granted certificate of fitness as they do not comply with the provisions of the Motor Vehicles Act. The Court observed that installation of such additional lights could 'dazzle' the drivers of approaching vehicles and could pose serious threats to safety of other road users.The Court also held that a fine of Rs.5,000/- per alteration must be imposed on vehicles installing lighting, light-signalling devices and retro-reflectors in violation of AIS-008.A Single bench of Justice Anil K Narendran observed,“…vehicles which are fitted with after-market multi-coloured LED/laser/neon lights, flash lights, as seen in the screenshots reproduced hereinbefore, which are being used in a public place, openly flouting the safety standards prescribed in AIS-008, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users, have to be dealt with in an appropriate manner, strictly in accordance with the law. In addition to the penal consequences provided in the statutory provisions referred to hereinbefore, the owner of the vehicle has to be imposed with a fine of Rs.5,000/- per such alteration; i.e, Rs.5,000/- for each after-market multi-coloured LED/laser/neon lights, flash lights. Such goods vehicles cannot be treated as vehicles which comply with the provisions of the Motor Vehicles Act and the Rules made thereunder, for the purpose of grant of certificate of fitness.” The direction was issued by the Court while considering a contempt case filed by the President and Secretary of the All Kerala Truck Owners Association, for wilful disobedience of the directions passed by the Court in Anoop K.A. and another v. State of Kerala and others - 2019 (5) KHC 414. In the said case, the Court had issued directions to the State Government and the State Transport Commissioner to take steps through police officers and the officers of the Motor Vehicle Department, to ensure implementation of the Road Safety Policy and the provisions of the Motor Vehicles Act and the Motor Vehicles (Driving) Regulations, 2017. The Court in the contempt case held that the directions in Anoop K.A. [2019 (5) KHC 414 must be complied with ‘in letter and spirit’. “No leniency can be shown in offences like driving at a speed exceeding the specified limit; carrying overload in goods carriages; driving vehicles under the influence of drinks and drugs; using mobile phone while driving a vehicle; etc. The duly authorised police officers and also the officers in the Enforcement Wing of the Motor Vehicles Department have to scrupulously follow the directions contained in the judgment of this Court in Anoop K.A. [2019 (5) KHC 414], in letter and spirit, in order to ensure the safety of other road users”. The Court also took note of the submission of the Special Government Pleader that members of the ‘Kerala Torus and Tipper Association’ were interfering with the inspection conducted by the Enforcement Wing of the Motor Vehicles Department and directed that appropriate proceedings be initiated against them: “Any disobedience of the orders or obstructions in the discharge of functions by the officers in the Enforcement Wing of the Motor Vehicles Department shall be dealt with appropriately by initiating appropriate proceedings against the driver/owner of goods vehicles and also the office bearers and members of the Torus and Tipper Associations.” The Court also directed proceedings for suspension/cancellation of the certificate of permit must be initiated against goods vehicles that carry overload without a valid fitness certificate, and goods vehicles involved in repeated offences of carrying overload. The Court directed that before releasing goods vehicle carrying overload, the duly authorised officers must ensure that such vehicles are complying with the safety standards in AIS-008. Case Title: Anoop K.A V. Biju Prabhakar Citation: 2023 LiveLaw (Ker) 219 Click here to read/download order

Vehicles With Multi-Colour LED, Neon Lights Can't Be Treated As Compliant With MV Act For Grant Of Fitness Certificate: Kerala High Court

Sheryl Sebastian

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