Motor Vehicles: Kerala High Court Issues Directions On Use Of Flashy Headlights, Usage of Official Emblem, Flags, Name Boards Etc

The Kerala High Court has called for the Transport Commissioner to take necessary steps through the concerned officers in the Motor Vehicles Department to ensure that no motor vehicle is permitted to be used in any public place violating the Rules and directions in place for road safety. Justice Anil K. Narendran while hearing a plea concerning the compliance with motor vehicle rules, ordered the Transport Commissioner to file a report regarding the action taken in pursuance of the directions issued in an earlier judgment dated 28.10.2019. The matter has been posted on 7th July 2021. This comes after it was observed that despite clear and detailed directions issued by the Court in the matter, motor vehicles that did not comply with these directions were still permitted on public roads, thereby posing a risk to road safety in the State. These directions were issued in a matter where the petitioner, Principal of Sabari PTB Smaraka Higher Secondary School, filed a writ petition seeking a directive to the Additional Registering Authority to endorse his class of vehicle as an Educational Institution Bus (Contract Carriage), without insisting compliance of Rule 125C of the Central Motor Vehicles Rules. However, the Court had observed that the said vehicle did not meet the safety standards and yet was granted a fitness certificate by the concerned authorities. This was questioned by the Single Bench. Moreover, a news report dated 5th April 2021 whereby a group of lorries fitted with unauthorised lights, stickers on safety glass and obstructions to the clear vision of the driver had obtained approval of the Motor Vehicles Department was examined by the Court. It was noted that despite several violation of the safety standards, a large number of motor vehicles, likely to endanger the safety of other road users, were still being permitted in public place, despite the specific directions contained in the judgment of this Court dated 28.10.2019. Advocate P. Deepak appeared on behalf of the petitioner, and Special Government Pleader Advocate P Santhosh Kumar represented the respondents. Directions Issued: Lighting, Light Signalling and Retro-reflectors Motor vehicles with more than three wheels, trailers and semi-trailers, excluding agricultural tractor and special purpose vehicles, shall not be permitted to install any lighting, light-signalling devices or retro-reflectors, other than those allowed under AIS-008. Use of a motor vehicle in a public place without compliance with such installation requirements is likely to endanger the safety of other road users. Therefore, a motor vehicle should conform to the individual specifications for such lighting and light-signalling devices and retro-reflectors, including the number, position, width, height, length, geometric visibility, orientation, etc. Additionally, it was directed that no motor vehicles with any object in front of such lighting, light-signalling devices or reflectors were not allowed in public space. Likewise, vehicles with 'tinted' lighting (i.e., headlights, tail lights, or indicators) or reflectors fixed with vinyl tint film stickers were disallowed."The light emitted from the additional headlamps/lamps/flashing lamps installed on such vehicles is capable of dazzling the drivers of the oncoming vehicles and also the pedestrians..The light emitted from the additional headlamps/lamps installed on the face cowl is capable of dazzling the drivers of the oncoming vehicles directly, and also the drivers of the vehicles proceeding in front, indirectly, through ther ear-view mirrors and/or other reflecting surfaces of their vehicle.The light emitted from such additional headlamps/lamps is also capable of dazzling the pedestrians. Motor vehicles are being permitted to be used in public place after putting objects in front of the lighting, light-signalling devices or reflectors. Large number of motor vehicles, especially motor cars are being permitted to be used in public place after replacing the prototype approved reflectors on the rear bumper with after-market LED brakelights/direction indicator lights", the Court observed. Detectable and Legible Registration Marks The registration marks of motor vehicles should be displayed on the licence plate as per the mandate of Rule 50(1)(vi). These registration marks should be displayed clearly and legibly using fonts with uniform thickness. The display of registration mark using fancy or decorative fonts was prohibited. Usage of rear registration plate (mark) illuminating lamp, to light up the space accommodating the rear registration plate was also made mandatory by the Court. No Obstructions on Safety Glass It was noted that vehicles were presently permitted in public place after tampering with the percentage of visual transmission of light of the safety glass of...

Motor Vehicles: Kerala High Court Issues Directions On Use Of Flashy Headlights, Usage of Official Emblem, Flags, Name Boards Etc

Hannah M Varghese

The High Court passed a slew of directions to ensure vehicles comply with Motor Vehicles Rules.

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