Use Of High-Power Audio Systems, DJ LED Lights, Multi-Toned Horns In Motor Vehicles Not Legally Permissible: Kerala High Court

The Kerala High Court has recently held that the use of high-power audio systems with multiple boosters, power amplifiers, speakers and sub-woofers producing loud noise is legally impermissible in motor vehicles.A Division Bench of Justice Anil K Narendran and Justice P G Ajithkumar added that loud sound produced by such audio systems with a rating of several thousand watts PMPO (Peak Music Power Output) will not only impair the hearing of the driver and the passengers but also cause a distraction to other drivers and road users. "Use of high-power audio systems with multiple booster/power amplifiers, speakers and sub-woofers producing loud noise is legally impermissible in a motor vehicle, in view of the provisions under sub-regulations (5) and (10) of Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017 and also the provisions under Noise Pollution (Regulation and Control) Rules, 2000."Moreover, it was added that mixing up AC and DC power supply for such high-power audio systems with DJ mixer, DJ dancing lights, laser lights, etc., violates safety standards, and poses a potential fire hazard to the passengers. These directions were issued while adjudicating upon a suo motu case regarding the increasing number of road accidents.The Court found that the a vehicle fitted with high-power audio systems with multiple boosters, power amplifiers, speakers and sub-woofers producing loud noise and also DJ rotating LED lights, continuously blinking multi-coloured LED lights and laser lights does not comply with the provisions of the Motor Vehicles Act for the purpose of granting fitness certificate.Vehicles fitted with multi-toned horns or horns giving unduly harsh, shrill, loud or alarming noise violates the standards prescribed in relation to road safety, control of noise and air pollution, it was held. As such, the Transport Commissioner was directed to publish WhatsApp number of the Enforcement Officer in each district, in print and visual media, and in the official website of the Motor Vehicle Department, to enable the road users to bring to the notice of the concerned Enforcement Officers, the use of motor vehicles on public place flouting the safety standards regarding the lighting and light-signalling devices, retro-reflectors and also the standards prescribed in relation to control of noise. The Enforcement Officers were also asked to collect evidence regarding such violations of safety standards, from the video contents available on online video platforms like, 'YouTube'.Finally, the registry was ordered to email this order to the Transport Commissioner and the State Police Chief, who shall forward the same to the concerned Enforcement Officers in the Motor Vehicles Department/District Police Chief of the concerned Districts, for ensuring strict compliance.Standing Counsel G. Biju for Travancore Devaswom Board, Advocate N. Raghuraj appeared as amicus curiae and ASGI S. Manu appeared in the matter. Case Title: Suo Motu v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 265Click Here To Read/Download The Order

Use Of High-Power Audio Systems, DJ LED Lights, Multi-Toned Horns In Motor Vehicles Not Legally Permissible: Kerala High Court

Hannah M Varghese

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