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Synopsis

The Kerala High Court, in a significant ruling aimed at enhancing road safety, has mandated the imposition of penalties on vloggers recording from inside the driver’s cabin of moving vehicles, buses equipped with unauthorised LED lights, thereby distracting the driver and use of unauthorised government boards on vehicles for evading tolls and parking charges and escape from police checking.

The Division Bench, comprising Justice Anil K. Narendran and Justice Harisankar V. Menon, highlighted that vehicles with unauthorised modifications—such as unauthorised lights, exhaust systems emitting excessive fumes and noise—breach safety standards outlined in AIS-008 and contribute to pollution. These violations warrant action under Section 190(2) of the Motor Vehicles Act, leading to potential disqualification of driving licenses.

The court addressed the misuse of official emblems and name boards on vehicles. Under the State Emblem of India (Prohibition of Improper Use) Act, 2005, and the corresponding rules from 2007, the use of state and national emblems on vehicles is strictly regulated. Only specific authorities are permitted to display these emblems, and any unauthorised use is subject to prosecution under Section 171 of the Indian Penal Code, among other laws.

The court noted “Many vehicles are seen plying in the State, carrying the name board ‘Government of India’, ‘Government of Kerala’, ‘Kerala State’, ‘Government Vehicle’, etc. to mislead the Police, the Enforcement Officers of the Motor Vehicles Department, by giving an impression that the said vehicles are owned by a Government Department. Persons in such vehicles are pretending as if they are Government servants and they are misusing such name boards to escape from the checking of vehicles by Police and Enforcement Officers of the Motor Vehicles Department and to avoid payment of tolls at the toll booths and also the restrictions regarding parking or entry of vehicles.”

The Court further emphasised the need to address unauthorised alterations in stage carriages, including placing objects on windscreens that obstruct the driver's view, in violation of Rule 278 of the Kerala Motor Vehicles Rules and similar rules in Tamil Nadu and Karnataka. “Despite the specific directions contained in the orders of this Court, such vehicles including contract carriages, goods vehicles, etc. are being used in public places openly flouting the safety standards, posing a potential threat to the safety of the passengers and other road users,” the court said.

The Court reiterated the need for strict enforcement against modified vehicles, both registered and imported through Carnet, that violate safety, noise, and pollution standards. Drivers of such vehicles must face suspension or revocation of their licenses, and the vehicles should be presented before the jurisdictional Magistrate Court for further proceedings, the court said.

The order also extended to vehicles participating in auto shows and exhibitions at educational institutions, emphasising enforcement against those promoting unauthorised alterations through online platforms like YouTube.

The court also said "In case such videos are recorded inside the driver cabin of contract carriages, stage carriages, heavy goods vehicles or other motor vehicles, while the vehicle is moving, disturbing the concentration of the driver while driving, thereby posing a potential threat to the safety of other road users, the driver/owner of that vehicle shall be proceeded against as per the relevant provisions in the Motor Vehicles Act. The vlogger who recorded that video while the vehicle was moving shall also be proceeded against, in accordance with law, for disturbing the concentration of the driver while driving a motor vehicle. The concerned officer in the Enforcement Wing of the Motor Vehicles Department shall report the same to the authorised officer of the online platform for taking necessary action."

In light of the circumstances, the court issued the following directives:

Preventive Measures: The Transport Commissioner of Kerala, through the Enforcement Officers in the Motor Vehicles Department, and the State Police Chief, through the District Police Chiefs, must take necessary measures to prevent the use of any contract carriage or other motor vehicle in public places that violates road safety standards and regulations on noise and air pollution.

Penalties for Modifications: Drivers using illegally modified vehicles face punishment under Section 190(2) of the Motor Vehicles Act, including suspension of their licenses. Vehicle owners will incur fines of 5,000 rupees per alteration, as per sub-section (4) of Section 182A of the Motor Vehicles Act, read with S.R.O.No.788/2019.

Registration and Custody: The registration certificate of any vehicle that has undergone extensive modifications and alterations, and is fitted with unauthorised lights and signaling devices, unauthorised exhaust systems emitting fumes and loud noise, or aftermarket suspensions, and wide tires protruding from the wheel arches, posing a threat to safety, shall be suspended or canceled.

Carnet Vehicles: Action should be taken against extensively altered vehicles brought through carnet, with their use in events like 'Auto Shows' being prohibited.

Evidence Collection: Enforcement Officers in the Motor Vehicles Department must collect video evidence of unauthorised alterations in contract carriages and other motor vehicles, and their use in public places, as uploaded on platforms like YouTube by vehicle owners or vloggers. Identified vehicles, along with their owners and drivers, violating safety standards and regulations, will face prosecution under sub-section (2) of Section 190 of the Motor Vehicles Act. The driver of such a vehicle will be disqualified from holding a license for the specified period.

Vlogger Accountability: Vloggers recording from the driver’s cabin of moving vehicles will be prosecuted for disturbing the driver and endangering road safety. Authorities must report such instances to the online platform for necessary action.

Further directives include cracking down on unauthorised name boards and emblems on vehicles, as per Rule 92A of the Kerala Motor Vehicles Rules, 1989. Violators could face prosecution under the Indian Penal Code, in addition to penalties under the Motor Vehicles Act.

The Court has ordered the Transport Commissioner and the State Police Chief to ensure strict adherence to these directives.

The matter is scheduled for further hearing on June 7, 2024.

 

Cause Title: Suo Motu v State of Kerala [SSCR NO. 29 OF 2023]