Modification of any kind is illegal in India, and we have seen multiple instances where enforcement agencies have taken action against owners who violate these rules. Despite the restrictions, there are still owners who modify their vehicles out of passion. Now, the Kerala High Court has directed the Motor Vehicle Department to take strict action against vehicles being used on public roads with illegal modifications.
The court asked the Enforcement Wing of the Motor Vehicles Department and the Kerala Police to impose strict penalties under the Motor Vehicles Act, 1988, and the Central Motor Vehicles Rules, 1989. The court also noted that the concerned authorities had not been taking action against vehicles fitted with bigger and wider wheels.
The court cited the recent incident involving a modified Mahindra Thar that was used for rescue operations during the floods. In response, the Transport Commissioner informed the court that the vehicle had actually been stopped by the concerned officers and that a fine of Rs 5,000 had been issued for modifications, including illegal auxiliary lights. An additional fine of Rs 2,000 was issued for an invalid PUC. The court later asked for a detailed report on the action taken against the vehicle. It also asked whether any permission had been granted to use the vehicle on public roads.
This is the same vehicle that led to the suspension of two MVD officers who issued the challan, allegedly due to political pressure. Their suspension was later revoked after other officers protested.
The division bench of Justice Anil K. Narendran and S. Muralee Krishna directed the enforcement agencies to take action against vehicles with illegal modifications such as aftermarket lights, red and blue strobe lights, wheel spacers, large and wide wheels that protrude beyond the body line, aftermarket exhausts, flame-throwing kits, and more. The court asked the authorities to issue a challan of Rs 5,000 for each modification if such vehicles are spotted on public roads.
The court observed that the use of such modified vehicles on public roads could put the lives of other road users at risk. These vehicles do not comply with government rules and regulations and may also cause inconvenience to other road users.
When the current state government came to power, one of the promises it made to youngsters was to legalise vehicle modifications. Weeks after the government took charge, the State Transport Commissioner released a list of 18 ‘safe modifications’ that would be allowed. People were not particularly happy with the list, as it did not offer them many options. The state’s Motor Vehicle Department (MVD) subsequently initiated a public survey on vehicle modifications.
The MVD’s survey aims to understand the types of modifications people want and why they want to modify their vehicles – whether it is for safety, better performance, improved appearance, off-road capabilities, practical needs, or specific medical or physical requirements. Based on the information gathered through the survey, the government may consider changing the rules and allowing certain utility-oriented modifications for a fee.
Kerala Transport Minister C. P. John had said during a press meet“We plan to take several steps regarding vehicle modifications within 100 days. Minor and reasonable modifications may be allowed.” Whether the government will take a final decision by then remains to be seen.