The Kerala High Court on Tuesday directed state authorities to revoke fitness certificates for vehicles found to have illegal alterations or modifications [Suo Motu v Union of India & Ors.].
Justices Anil K Narendran and Harisankar V Menon also instructed authorities to ensure that vehicles equipped with unauthorized light signaling devices, additional wiring, or alternate power sources are not issued fitness certificates.
“We direct the registering authorities in the State to take necessary steps to ensure that transport vehicles presented for inspection for a fitness certificate are not fitted with any such unauthorized fittings. If vehicles are later found in public places with unauthorized lights or other illegal modifications made by unauthorized body builders, proceedings should be initiated to cancel their fitness certificates when these vehicles are brought for inspection or registration,” the Court ordered.
The Court further stated that extensively modified vehicles should not be returned to their owners for restoration. Instead, such vehicles should be presented to the jurisdictional magistrate to initiate proceedings under Section 192 of the Motor Vehicles Act (penalties for driving a vehicle without registration) and other relevant provisions.
Additionally, the Court emphasized that four-wheelers and two-wheelers fitted with wide tires protruding from wheel arches or mudguards, along with other extra fittings that pose significant safety risks, must be dealt with strictly to ensure the safety of passengers and other road users.
The Division Bench issued this order in a suo motu case to address the unauthorized use of state or official emblems on vehicles.
The Court also decided to monitor the use of modified vehicles equipped with unauthorized lights and exhaust systems that contribute to pollution and violate road safety standards.
In a previous order on May 31, the Court took note of vloggers filming from the driver’s cabin of such modified vehicles while in motion. The Court observed that these vloggers should face action under the Motor Vehicles Act of 1988, as their actions disrupt the driver’s concentration and endanger road users.
The Court also noted that owners responsible for illegally modifying vehicles should be fined ₹5,000 per alteration under the Motor Vehicles Act.
During the hearing on Tuesday (July 30), the Court was informed that a ₹5,000 penalty had been imposed for each illegal light fitted on a stage carrier (bus) that collided with students near a zebra crossing on July 8 in Madappilly, Kozhikode.
The Vadakara regional transport office (RTO) inspected the vehicle on July 13, and the fitness certificate for the vehicle was subsequently canceled. The vehicle was also presented before the Judicial Magistrate First Class at Vadakara for prosecution.
