Kerala High Court Seeks Action Taken Report Against Vlogging Inside Driver Cabins Of Moving Buses, Heavy Vehicles

The Kerala High Court recently underscored the rampant issue of contract carriages and other heavy good vehicles openly flouting the safety standards prescribed by the Central Government.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. on Wednesday (November 19) remarked that a lot of these vehicles are not adhering to the lighting installation requirements and Code of Conduct for Bus Body Design as per the Automotive Industry Standard, namely, AIS-008 and AIS-052.It orally noted with concern the safety threats that these violations cause to passengers and pedestrians. The Court then asked the government pleader to get instructions from the Transport Commissioner and the State Police Chief if any action is being taken to prevent videography by vloggers inside the driver compartment of moving contract carriages and even heavy goods vehicles and against the use of contract carriages, stage carriages and other motor vehicles on public place in violation of the safety standards.The Bench observed in its order:“The rampant use of such vehicles on public place is evident from the promotional videos posted in YouTube and other social media platforms. Openly flouting the safety standards and the directions issued by this Court in various orders, DJ lights, laser lights, multi-colour LED lights are fitted inside the passenger compartment, in addition to high-power music system. Alternative power source with inverter and multiple batteries, etc., are also installed inside the luggage compartment of most of the contract carriages, posing threat to the safety of the passengers.”The Court had on previous occasion commented upon the issue of vloggers taking videos inside the drivers' cabins, leading to drivers losing their concentration and resulting in road accidents. It had then directed the Enforcement Officers in the Motor Vehicles Department to collect videos of extensively modified and altered vehicles by registered owners or vloggers uploaded on online video platforms like YouTube.“Vloggers are there even in goods carriages. Inside the driver's cabin, video recording is going on. Recently, while with the video recording was going on, a vehicle met with an accident also…It appears that the enforcement officers find it difficult to enforce…because there is public protest. Earlier also we passed an order whereby when a vehicle is caught in this manner, the fitness certificate has to be suspended for a period of 3 months. We will consider whether such things will have to be imposed or not,” the Court orally observed yesterday. Placing reliance on the recent Supreme Court decision in S. Rajaseekaran v. Union of India, the Court highlighted the safety hazards related to LED lights, red-blue strobe lights and unauthorized hooters.The Court then referred to a recent road accident that had killed around 40 persons and the luggage compartment was found to have contained around 300 mobile phones. It also touched upon the topic of videography in drivers' compartments, even during school trips, endangering students' safety.“Most of these vehicles are used as for transporting goods. In so far as these contract carriages are concerned, most of the vehicles are having alternate power source inside the passenger compartment with battery and inverter used for domestic purpose… There are videos posted by YouTubers or Vloggers promoting these types of activities and there are videos which are recorded inside school campus. In the presence of the teaching staff, this vehicle is being taken out of school campus with loud music, students dancing and even the parents of the students are taking video in mobile phones, without knowing what will be consequence and what is the threat to the safety of the students,” the Court had orally remarked.Yesterday, as per the Court's previous direction, the aforementioned safety standards along with amendments were produced. It then orally told that it would go through the same and posted the matter on Friday.“We will have this matter on Friday. If found necessary, we will ask the Transport Commissioner to appear online. If found necessary,” the Court orally told.Case No: WP(C) 25158/2024Case Title: Suo Motu v. Union of India and Ors.Click to Read/Download Interim Order

Kerala High Court Seeks Action Taken Report Against Vlogging Inside Driver Cabins Of Moving Buses, Heavy Vehicles

K. Salma Jennath

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