The Kerala High Court recently held that vehicles equipped with multi-colored LED/laser/neon lights or flash lights cannot be considered vehicles that meet the requirements of the Motor Vehicles (MV) laws for the purpose of granting a certificate of fitness.
A single bench of Justice Anil K Narendran noted that such vehicles could endanger the safety of other vehicles and their drivers, pedestrians, and other road users.
“Therefore, vehicles which are fitted with after-market multi-colored LED/laser/neon lights, flash lights, as seen in the screenshots reproduced hereinbefore, which are being used in a public place, openly flouting the safety standards prescribed in AIS008, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users, have to be dealt with in an appropriate manner, strictly in accordance with the law. Such goods vehicles cannot be treated as vehicles which comply with the provisions of the Motor Vehicles Act and the Rules made thereunder, for the purpose of grant of certificate of fitness,” the order stated.
As a result, the bench ruled that, in addition to the penalties imposed under MV laws, a fine of ₹5,000 must be imposed per alteration in a vehicle.
The single bench was hearing a contempt of court case filed by the President and Secretary of All Kerala Truck Owners Association, respectively, under the provisions of the Contempt of Courts Act, 1971, and Article 215 of the Constitution of India, for wilful disobedience of the directions contained in the High Court’s judgment in Anoop KA and others v. State of Kerala and others.
In the said judgment, the bench directed the State Government and the State Transport Commissioner to take the necessary steps to ensure strict implementation of the Road Safety Policy, as well as the provisions of the Motor Vehicles Act and the Motor Vehicles (Driving) Regulations, 2017.
The bench then kept the case open in order to consider other issues that may arise and to ensure the safety of the most vulnerable road users, such as pedestrians, cyclists, children, the elderly, and people with disabilities.
Justice Narendran directed that proceedings for suspension/cancellation of the certificate of registration/permit shall be initiated in accordance with law against goods vehicles carrying overload, without valid fitness certificate, and goods vehicles involved in repeated offences of carrying overload.
The matter is scheduled for next hearing on 31st May, 2023.
