In a recent ruling, the Kerala High Court declared that automobiles equipped with multi-coloured LED/laser/neon lights or flashing lights do not meet the requirements outlined in the Motor Vehicles (MV) laws to be considered roadworthy and eligible for a certificate of fitness. This ruling was made in the case of Anoop KA & Anr. v. State of Kerala & Ors.
In a recent development, Justice Anil K Narendran, a single judge of the Kerala High Court, emphasized the inherent dangers posed by vehicles fitted with aftermarket multi-coloured LED/laser/neon lights or flashing lights. Recognizing the potential risks to the safety of drivers, pedestrians, and other road users, the court concluded that such vehicles openly defy the prescribed safety standards, specifically those outlined in AIS008.
The court firmly stated that these vehicles, as depicted in the provided screenshots, are capable of causing visual impairment to drivers of oncoming vehicles and pose a genuine hazard to pedestrians and other individuals on the road. Consequently, the court asserted that appropriate action must be taken in accordance with the law to address this issue. The court also clarified that vehicles equipped with these lights cannot be considered compliant with the provisions of the Motor Vehicles Act and its associated rules when it comes to granting a certificate of fitness.
This ruling sheds light on the need to address and regulate the use of aftermarket lights on vehicles in order to ensure the safety of all road users.
Consequently, the court has issued a directive stipulating that, apart from the penalties already established by the Motor Vehicles (MV) laws, an additional fine of ₹5,000 must be levied for each modification made to a vehicle.
“Aside from the penalties specified in the relevant statutory provisions, the vehicle owner must be subject to a fine of ₹5,000 for each alteration made, including aftermarket multi-coloured LED/laser/neon lights and flashlights,” stated the court order.
This ruling came about as a result of a contempt of court case presented by the President and Secretary of the All Kerala Truck Owners Association. The case was filed under the Contempt of Courts Act, 1971, and Article 215 of the Constitution of India, alleging deliberate defiance of the directions outlined in the earlier judgment of the High Court in the matter of Anoop KA and another v. State of Kerala and others.
This decision highlights the court’s commitment to uphold its directives and maintain the integrity of the legal process, as well as its determination to enforce penalties for non-compliance with regulations pertaining to vehicle modifications.
In the previous judgment, the court issued specific instructions to the State Government and the State Transport Commissioner to take necessary measures for the strict enforcement of the Road Safety Policy, as well as the provisions outlined in the Motor Vehicles Act and the Motor Vehicles (Driving) Regulations, 2017.
Furthermore, the court kept the case open to address any additional matters that may arise, particularly focusing on the safety of vulnerable road users, including pedestrians, cyclists, children, the elderly, and individuals with disabilities.
During the recent hearing of the case, the court directed the initiation of proceedings, in accordance with the law, to suspend or cancel the certificate of registration or permit for goods vehicles involved in carrying overload, lacking a valid fitness certificate, or committing repeated offenses related to overload.
The next hearing for this matter is scheduled for May 31, when further deliberation on these issues will take place. This demonstrates the court’s ongoing commitment to addressing road safety concerns and ensuring the protection of all individuals utilizing the road, especially those who are more susceptible to potential risks.
Written by – Sohini Chakraborty under Legal Vidhiya
