JUDGMENT : The petitioner, who purchased an Eicher Skyline Pro 3009 H Cowl and Chassis AB BS4 (Medium Passenger Motor Vehicle) manufactured by M/s.Eicher Motors vide Ext.P1 sale certificate dated 20.04.2018 from M/s.AVG Vehicle Sales & Services Pvt. Ltd, Kottayam, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 order dated 08.10.2018 issued by the 1st respondent Joint Regional Transport Officer, who is the Registering Authority, and Ext.P7 order dated 03.12.2018 issued by the 3rd respondent Deputy Transport Commissioner, who is the Appellate Authority, refusing to register the motor caravan built on the cowl and chassis covered by Ext.P1 sale certificate, alleging violation of provisions of Rule 125G of the Central Motor Vehicles Rules, 1989. The petitioner has also sought for a writ of mandamus commanding the 3rd respondent to reconsider Ext.P6 appeal, taking note of the fact that the vehicle (cowl and chassis) has been manufactured in the month of September, 2017, as evidenced by Ext.P1 sale certificate, and also taking note of Ext.P8 certificate in Form 22-A issued by M/s.Eicher Motors and Ext.P9 communication dated 10.01.2017 issued by the 2nd respondent Transport Commissioner granting approval for registration of the vehicle, Eicher Skyline Pro 3009 and its variants manufactured by M/s.Eicher Motors. 2. On 28.12.2018, when this writ petition came up for admission, the learned Special Government Pleader was directed to get instructions. 3. The petitioner purchased cowl and chassis covered by Ext.P1 sale certificate, in order to build a motor caravan, for the purpose of promoting tourism and also to be used by film actors in shooting sites. Though the class of vehicle was MPMV – Cowl and Chassis, it is shown as MPMV - Medium Camper Van in Ext.P1 sale certificate. After purchase, it was temporarily registered at the Regional Transport Office, Kottayam, which was assigned with Temporary Registration No.KL-05/AQ-TEMP-7009. In Ext.P2 certificate of temporary registration dated 23.04.2018, the class of the vehicle is shown as MPMV - Medium Camper Van. 4. In order to build motor caravan, the petitioner entrusted the cowl and chassis with the additional 4th respondent M/s.Sisira Automobiles, Kalady, an Accredited Bus Body Builder, holding Ext.P3 Certificate for Renewal of Accreditation dated 22.06.2016 issued by the Central Institute of Road Transport. 4. In order to build motor caravan, the petitioner entrusted the cowl and chassis with the additional 4th respondent M/s.Sisira Automobiles, Kalady, an Accredited Bus Body Builder, holding Ext.P3 Certificate for Renewal of Accreditation dated 22.06.2016 issued by the Central Institute of Road Transport. After body building, the petitioner submitted an application dated 03.10.2018 before the 1st respondent Joint Regional Transport Officer, Kottarakkara, as evidenced by Ext.P4 cash receipts, seeking registration of the vehicle as MPMV - Camper Van. That application was rejected by the 1st respondent, vide Ext.P5 order dated 08.10.2018. A reading of Ext.P5 order would show that, the Circle Officer in the Office of the 1st respondent, vide inspection report dated 08.10.2018, reported that as per Rule 125G of the Central Motor Vehicles Rules, a motor caravan manufactured on or after 01.04.2018 shall comply with the requirements stated in AIS-124:2014. The Automotive Industry Standard mandates to obtain a type approval certificate from Testing Agency (for a particular variant of vehicle) before building motor caravan. Type approval according to AIS-124:2014 is not produced by the petitioner at the time of registration and as such, it was not possible to consider the application for registration of the said vehicle as Motor Caravan, as prescribed in Rule 125G of the Central Motor Vehicles Rules. In Ext.P5 order, the 1st respondent noticed that, as per sub-rule (1) of Rule 125G, the motor caravan manufactured on and after 01.04.2018, shall comply with the requirements stated in AIS-124:2014, as amended from time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. As per sub-rule (2) of Rule 125G, the motor caravans built on the existing vehicles, as permitted under the Para.0.0(b) of the said standard, shall also comply with AIS-124:2014, as amended from time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act. For the aforesaid reason, the 1st respondent, in Ext.P5 order, rejected the application made by the petitioner for registration of the vehicle as motor caravan and the petitioner was directed to produce the vehicle for inspection, after rectifying the above objections. 5. Feeling aggrieved by Ext.P5 order, the petitioner filed Ext.P6 appeal before the 2nd respondent Transport Commissioner, which was forwarded to the 3rd respondent Deputy Transport Commissioner, who is the Appellate Authority. 5. Feeling aggrieved by Ext.P5 order, the petitioner filed Ext.P6 appeal before the 2nd respondent Transport Commissioner, which was forwarded to the 3rd respondent Deputy Transport Commissioner, who is the Appellate Authority. The 3rd respondent, by Ext.P7 order dated 06.12.2018, rejected Ext.P6 appeal filed by the petitioner, thereby affirming the stand taken by the 1st respondent Registering Authority in Ext.P5 order. From the files relating to Ext.P5 order, the 3rd respondent found that the petitioner purchased the cowl and chassis on 20.04.2018 and thereafter, entrusted the same to the additional 4th respondent body builder, on 24.09.2018, for body building as camper van. Since body building was undertaken after 01.04.2018, and since it was not undertaken in terms of Rule 125G of the Central Motor Vehicles Rules, the vehicle cannot be registered as a camper van. 6. The document marked as Ext.P8 is an initial certificate of compliance issued by the vehicle manufacturer in Form 22-A. Ext.A9 is a communication dated 10.01.2017 of the 2nd respondent Transport Commissioner, addressed to all Registering Authorities in the State, granting approval for the registration of Eicher Skyline Pro 3009 vehicles, based on the prototype approval granted by the Automotive Research Association of India (ARAI) on 07.10.2015, for the base model Eicher Skyline Pro 3009 L School Bus (73+D) and its variants, which includes Eicher Pro 3009 H Cowl & Chassis, the model covered by Ext.P1 sale certificate. Along with the writ petition, the petitioner has placed on record Ext.P10 series of photographs of the motor caravan build on the cowl and chassis covered by Ext.P1. 7. The document marked as Ext.P11 is an interim order of this Court dated 02.01.2017 in W.P.(C).No.861 of 2017, directing the Regional Transport Officer, Ernakulam to register the vehicle owned by the petitioner therein, provisionally, pending disposal of that writ petition. In paragraph 14 of the present writ petition, it is averred that a similar matter relating to registration of caravan, which was originally refused, was considered by this Court in W.P. (C).No.861 of 2017 and on the strength of Ext.P11 interim order, the said vehicle was registered as caravan, as evident from Ext.P12 registration particulars of vehicle bearing registration No.KL-07/CK-5640. In paragraph 14 of the present writ petition, it is averred that a similar matter relating to registration of caravan, which was originally refused, was considered by this Court in W.P. (C).No.861 of 2017 and on the strength of Ext.P11 interim order, the said vehicle was registered as caravan, as evident from Ext.P12 registration particulars of vehicle bearing registration No.KL-07/CK-5640. It is pertinent to note that, in Ext.P11 interim order, this Court was dealing with a case in which motor caravan was built by a body builder in the year 2016, prior to the insertion of Rule 125G of the Central Motor Vehicles Rules and prior to the introduction of AIS-124:2014. 8. A statement has been filed by the 1st respondent opposing the reliefs sought for in the writ petition, by contending that, in view of the statutory mandate of Rule 125G of the Central Motor Vehicles Rules, a motor caravan manufactured on or after 01.04.2018 shall comply with the requirements of AIS-124:2014. The said standard mandates to obtain a type approval certificate from the Testing Agency (for a particular variant of vehicle) before motor caravan is manufactured. The petitioner did not produce the type approval in terms of AIS-124:2014, at the time of consideration of the application from registration and therefore, it was not possible for the 1st respondent to consider registration of the vehicle as motor caravan. As per sub-rule (2) of Rule 125G, the Motor Caravan built on the existing vehicles as permitted under the Para.0.0(b) of the said standard shall also comply with AIS-124:2014, as amended from time to time, till the corresponding BIS Specifications are notified under the Bureau of Indian Standards Act. The petitioner purchased the vehicle (cowl and chassis) on 20.04.2018 and entrusted it to the body builder on 24.09.2018 in order to build motor caravan, which is after the cut off date mentioned in Rule 125G. Therefore, the 2nd respondent rejected the application for registration and directed the petitioner to produce the vehicle for inspection, after rectifying the defects, since the body of the vehicle does not comply with the provisions of Rule 125G and the body builder did not certify as per Form 22-A, Part II, 4 and 5. 9. The petitioner has filed a reply affidavit, reiterating the stand taken in the writ petition. 9. The petitioner has filed a reply affidavit, reiterating the stand taken in the writ petition. Along with the reply affidavit, the petitioner has placed on record Ext.P13 series of diagrams showing back view (rear view), section view, front view, side view and layout of the bedrooms and bathrooms in the motor caravan and Ext.P14 Circular No.21 of 2016 dated 24.06.2016 issued by the 2nd respondent Transport Commissioner. 10. Along with I.A.No.2 of 2019, the petitioner has produced a self-declaration made by the additional 4th respondent accredited body builder. Though the said document was marked as Ext.P13, since the diagrams showing back view, section view, front view, side view and layout of the bedrooms and bathrooms in the motor caravan; and Circular No.21 of 2016 dated 24.06.2016 issued by the 2nd respondent, produced along with the reply affidavit, have already been marked as Exts.P13 and P14, the self-declaration made by the additional 4th respondent body builder is marked as Ext.P14(a) vide the order in I.A.No.2 of 2019. 11. In Ext.P14(a) self-declaration made by the additional 4th respondent body builder it is certified that the body/structure of vehicle bearing Engine No.E424CDHL 177194 and Chassis No.MC2P1HRT0HJ382294 complies with the requirements of AIS-052 (Rev.1), as amended from time to time, and all provisions of the Motor Vehicles Act and the Rules made thereunder. It is also certified in Ext.P14(a) that no alteration of chassis, its aggregates or components has been carried out. The initial self-certification in Form No.22-B, which forms part of Ext.P14(a), is the initial self-certificate of compliance of the bus body built on drive away chassis by the bus body builder to the provisions of the Code and Practice for Bus Body Design and Approval, i.e., AIS-052, as amended from time to time. 12. By the order of this Court dated 20.03.2019 in I.A.No.3 of 2019, the body builder was impleaded as additional 4th respondent. 13. The additional 4th respondent has filed a counter affidavit on 29.03.2019 producing therewith Ext.R4(a) notification dated 08.09.2016 issued by the Ministry of Road Transport and Highways, notifying the Central Motor Vehicles (Ninth Amendment) Rules, 2016. The Automotive Industry Standard AIS-124:2014 is placed on record as Ext.R4(b). The document marked as Ext.R4(c) is a notification dated 22.04.2014 issued by the Ministry of Road Transport and Highways, notifying the Central Motor Vehicles (Fourth Amendment) Rules, 2014. The Automotive Industry Standard AIS-124:2014 is placed on record as Ext.R4(b). The document marked as Ext.R4(c) is a notification dated 22.04.2014 issued by the Ministry of Road Transport and Highways, notifying the Central Motor Vehicles (Fourth Amendment) Rules, 2014. The document marked as Ext.R4(d) is a notification dated 13.04.2018 issued by the Ministry of Road Transport and Highways, notifying the Central Motor Vehicles (Fifth Amendment) Rules, 2018. The document marked as Ext.R4(e) is the clarification issued by the Ministry of Road Transport and Highways dated 08.11.2018, wherein it is clarified that in case the bus body builder submits self-certification in Form 22-B, as per G.S.R.368(E) dated 13.04.2018, there is no requirement for submission of Form 22-A. A reading of Ext.R4(e) would show that such a clarification has been issued by the Ministry of Road Transport and Highways when it was brought to the notice of the Ministry that fabricated buses accompanied with Form 22-B are not being accepted by some States for registration and those States are asking for submission of both Form 22-A and Form 22-B. The document marked as Ext.R4(f) is a copy of the common judgment of this Court in George K.P. and another v. Joint Regional Transport Officer, Wayanad and others [ 2019 (4) KLT 948 ]. The document marked as Ext.R4(g) is a self-certification made by the additional 4th respondent, as to compliance of the bus body build on drive away chassis, to the provisions of the Code and Practice for Bus Body Design and Approval, i.e., AIS-052, as amended from time to time. 14. On 13.08.2019, when this writ petition came up for consideration, the learned counsel for the additional 4th respondent submitted that the body builder has already uploaded the bus body details against the relevant drive-away chassis on the web portal http://www.vahan.nic.in/ makermodel. The learned Special Government Pleader sought time to get instructions. On 09.10.2019, the learned Special Government Pleader, on instructions, submitted that the additional 4th respondent body builder has not uploaded the bus body details against the relevant drive-away chassis on the aforesaid web portal and a statement of the 1st respondent shall be placed on record within one week. 15. The learned Special Government Pleader sought time to get instructions. On 09.10.2019, the learned Special Government Pleader, on instructions, submitted that the additional 4th respondent body builder has not uploaded the bus body details against the relevant drive-away chassis on the aforesaid web portal and a statement of the 1st respondent shall be placed on record within one week. 15. The additional statement of the 1st respondent was placed on record on 18.10.2019, wherein it is stated that, the 2nd respondent had communicated with the National Informatics Centre (NIC), New Delhi to find out whether the additional 4th respondent body builder has uploaded the data in vahan portal. NIC replied vide Annexure R1(c) that no data has been uploaded by the body builder in vahan portal. 16. On 25.11.2019, when this writ petition came up for consideration, the learned counsel for the additional 4th respondent submitted that the bus body details against the relevant drive-away chassis could not be uploaded in the web portal of http://www.vahan.nic.in/makermodel due to some technical reasons. The learned counsel submitted further that none of the body builders in the State could upload the bus body details against the relevant drive away chassis in vahan portal due to technical reasons. Taking note of the aforesaid submission made by the learned counsel for the additional 4th respondent, the Union of India, Ministry of Road Transport and Highways, represented by the Secretary (Road Transport and Highways) was suo motu impeaded as additional 5th respondent, on 25.11.2019. 17. By the order dated 16.12.2019, the petitioner was directed to produce the motor caravan built on cowl and chassis covered by Ext.P1 sale certificate before the 1st respondent Registering Authority, who was directed to conduct a detailed inspection of that vehicle, with specific reference to the requirements under AIS-124:2014 and submit a report before this Court along with photographs. Pursuant to that order, the report of the 1st respondent, after conducting an inspection on 31.12.2019, and also the photographs of the motor caravan are placed on record along with a memo dated 09.03.2020, filed by the learned Special Government Pleader stating that the petitioner failed to produce type approval certificate of the vehicle, as prescribed under Rule 125G of the Central Motor Vehicles Rules and also Form 22-A Part II to prove that the body is built by an accredited body builder. As per motor caravan body code in AIS-124:2014 Tables 1 and 2 are inevitable to compare BIS/AIS standards of the components of the body fabricated by the accredited body builder. 18. Clause (za) of Rule 2 of the Central Motor Vehicles Rules, 1989 inserted by the Central Motor Vehicles (Ninth Amendment) Rules, 2016, with effect from 08.09.2016, define 'motor caravan' to mean a special purpose Category M vehicle constructed to include living accommodation which contains at least the following equipment; (i) seats and table; (ii) sleeping accommodation which may be converted from the seats; (iii) cooking facilities; and (iv) storage facilities, which shall be rigidly fixed to the living compartment. Provided that the table may be designed to be easily removable. 19. As per clause (g) of sub-rule (1) of Rule 47 of the Central Motor Vehicles Rules, an application for registration of a motor vehicle shall be made in Form 20 to the registering authority within a period of seven days from the date of taking delivery of such vehicle, excluding the period of journey, and shall be accompanied by road-worthiness certificate in Form 22 from the manufacturers, Form 22-A from the body builders and, in case of self-certification of the bus body built on a drive away chassis by a bus body structure fabricator, certificate of compliance in Form 22-B. As per sub-rule (5) inserted to Rule 47, by the Central Motor Vehicles (Fifth Amendment) Rules, 2018, on and from the commencement of the said sub-rule, every bus body builder shall upload the bus body details against the relevant drive away chassis on the portal http://www.vahan.nic.in/makermodel. 20. The amendments made to Form 22-A of the Central Motor Vehicles Rules, by Rule 7 of the Central Motor Vehicles (Ninth Amendment) Rules, 2016 are as follows; 7. In Form 22-A of the said rules,- (i) after figures and letter “125C”, the figures and letters “125F, 125G” shall be inserted; (ii) in PART-II,- (a) For items 4 and 5, the following shall be substituted, namely:- “*4. Bus Body Builder Accreditation Certificate Number ______ Date _____ valid up to date ______ . 5. In Form 22-A of the said rules,- (i) after figures and letter “125C”, the figures and letters “125F, 125G” shall be inserted; (ii) in PART-II,- (a) For items 4 and 5, the following shall be substituted, namely:- “*4. Bus Body Builder Accreditation Certificate Number ______ Date _____ valid up to date ______ . 5. Vehicle Body construction (Bus/Road Ambulance/ Motor Caravan/etc.) Type Approval Certificate Number _______ Date _____ issued by the approved Test Agency.” (b) for the Note, the following Note shall be substituted, namely:- “Note:- Part II shall be applicable for new model of buses manufactured on or after the 1st October, 2014 and for the existing models of buses manufactured on and after 1st October, 2016 and in case of Road Ambulances and Motor Caravans manufactured from the date of applicability of AIS-125 (Part 1): 2014 and AIS- 124:2014 respectively.” 21. Rule 125G of the Central Motor Vehicles Rules, inserted by the Central Motor Vehicles (Ninth Amendment) Rules, 2016 deals with Type Approval of Special Purpose Vehicles. As per sub-rule (1) of Rule 125G, the motor caravans manufactured on and after the 1st April, 2018, shall comply with the requirements stated in AIS-124:2014, as amended from time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. As per sub-rule (2) of Rule 125G, the motor caravans built on the existing vehicles as permitted under Para.0.0(b) of the said standard shall also comply with AIS-124:2014, as amended from time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. 22. The Automotive Industry Standard AIS-124:2014 deals with the Procedure for Type Approval and Certification of Motor Caravans for compliance to Central Motor Vehicles Rules. As per Para.0.0 of AIS-124:2014, the said standard lays down the type approval requirements applicable to motor caravans of Category M (a motor vehicle with at least four wheels used for carriage of passengers). The said standard is applicable to (a) motor caravan manufactured by vehicle manufacturer; and (b) motor caravan which are built by motor caravan body builder on registered vehicle which is not older than 3 years. The said standard does not cover type approval requirements for trailer caravans. 23. The said standard is applicable to (a) motor caravan manufactured by vehicle manufacturer; and (b) motor caravan which are built by motor caravan body builder on registered vehicle which is not older than 3 years. The said standard does not cover type approval requirements for trailer caravans. 23. As per Para.0.1 of AIS-124:2014, any alteration or modification in already type approved vehicle to build motor caravan shall be carried out in accordance with sound engineering practices and in compliance with the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989, as amended from time to time. Alterations or modifications shall not be done to the already type approved vehicle, vehicle systems and components, e.g., chassis, suspensions, brakes, fuel system, engine, etc. while building motor caravan. 24. As per Para.2.9 of AIS-124:2014, motor caravan body builder means a firm engaged in manufacturing of motor caravan body. As per Para.2.11, Motor Caravan body means the portion of a vehicle with living accommodation space which contains the following equipment as a minimum: (a) seats and table; (b) sleeping accommodation which may be converted from the seats; (c) cooking facilities; (d) storage facilities. This equipment shall be rigidly fixed to the living compartment. However, the table may be designed to be easily removable. 25. Para.3.0 of AIS-124:2014 deals with requirements of motor caravan. As per Para.3.1, motor caravans shall comply with the provisions as specified in Paras.3.0 and 4.0. Para.3.2 deals with the Central Motor Vehicles Rules requirements for motor caravans. As per Para.3.2.1, motor caravan shall comply with the requirements of the Central Motor Vehicles Rules, as amended from time to time, for type approval as given in Table 1. As per Para.3.2.2, motor caravan which is built on already type approved vehicle shall comply the requirements of the Central Motor Vehicles Rules, as amended from time to time, for type approval as given in Table 1 below, after taking into consideration the provisions in Table 2. Para.4.0 deals with guidelines for requirements in living accommodation. Para.4.1 deals with seats and table; Para.4.2 deals with sleeping accommodation; Para.4.3 deals with cooking facilities; and Para.4.4 deals with storage facilities. As per Para.4.5, some or all of the facilities enumerated in Para.4.5.1 wash area; Para.4.5.2 water storage facilities; and Para.4.5.3 electricals, may be provided in motor caravan. Para.4.6 deals with motor caravan floor plans with internal arrangement (an illustrative example). 26. As per Para.4.5, some or all of the facilities enumerated in Para.4.5.1 wash area; Para.4.5.2 water storage facilities; and Para.4.5.3 electricals, may be provided in motor caravan. Para.4.6 deals with motor caravan floor plans with internal arrangement (an illustrative example). 26. Para.5.0 of AIS-124:2014 deals with technical information to be submitted by motor caravan manufacturer. As per Para.5.1, the motor caravan manufacturer shall submit the necessary technical details to the test agencies as per Annexure-B of the said standard. As per Para.5.1.1, motor caravan body builder who builds motor caravan on earlier type approved vehicle, shall submit details of technical changes carried on the earlier type approved vehicle as per Table 8, 9, 10, 12 and 12A of AIS-007 (Rev.4), as amended from time to time. As per Para.5.2, the motor caravan manufacturer shall submit the details of motor caravan identification number as per Annexure-C. It shall be punched at the readily accessible position on a part which is normally not likely to be replaced during use. As per Para.5.3, motor caravan body builder shall submit vehicle certificate number along with date of already type approved vehicle on which motor caravan is built to the Testing Agency. As per Para.5.4, motor caravan body builder who builds motor caravan on earlier type approved vehicle, may submit photocopies of type approval certificate and brief technical specifications of the said vehicle. 27. Para.6.0 of AIS-124:2014 deals with extension of type approval. As per Para.6.1, every modification pertaining to the information declared in accordance with Para.5.0 shall be intimated by the motor caravan manufacturer to the Testing Agency. As per Para.6.2, if the changes are in parameters not related to the provisions, no further action need be taken. If the changes are in parameters related to the provisions, the Testing Agency shall then consider, whether, (a) the model with the changed specifications still complies with the provisions; or (b) any further verification is required to establish compliance. For considering whether any further verification is required or not, guidelines given in respective standard shall be used. As per Para.6.3, in case of Para.6.2(b), verification for only those parameters which are affected by the modifications needs to be carried out. As per Para.6.4, in case of fulfillment of criterion of Para.6.2(a) or after results of further verification as per Para.6.2(b) are successful, the approval of compliance shall be extended for the changes carried out. As per Para.6.3, in case of Para.6.2(b), verification for only those parameters which are affected by the modifications needs to be carried out. As per Para.6.4, in case of fulfillment of criterion of Para.6.2(a) or after results of further verification as per Para.6.2(b) are successful, the approval of compliance shall be extended for the changes carried out. Para.7.0 deals with Conformity of Production (CoP). As per Para.7.1, Whole Vehicle CoP Procedures, as and when formulated and notified shall be applicable. As per Para.7.2, motor caravan approved under this standard shall be so manufactured as to conform to the type approved specifications. 28. Para.8.0 of AIS-124:2014 deals with guidelines for registration of Motor Caravans. As per Para.8.1, for registration purpose of motor caravan built on earlier type approved vehicle (incomplete vehicle), procedure as per clause (g) of sub-rule (1) of Rule 47 of the Central Motor Vehicles Rules shall be followed. As per Para.8.2, for registration purpose of motor caravan built on already registered vehicle (completely built vehicle), the vehicle owner shall apply to the concerned registering authority within 14 days of undertaking the alteration as required under Section 52 of Motor Vehicle Act, for endorsement of particular alteration in registration certificate mentioning place and date of alteration and alteration certificate number. This shall also be ensured by the motor caravan body builder. As per Para.8.3, the guidelines for type approval and registration of motor caravan are as given in Annexure-D, which is extracted hereunder;. Annexure-D (See 8.3) Guidelines for Type Approval and Registration of Motor Caravan Type Approval and Registration of Motor Caravans Submission of Specification & Drawings Approved Test Agency Component Testing Performance/Compliance Tests Certificate of Type Approval Independent Motor Caravan registration by Transport Authorities after necessary verification of documents 29. Annexure-D (See 8.3) Guidelines for Type Approval and Registration of Motor Caravan Type Approval and Registration of Motor Caravans Submission of Specification & Drawings Approved Test Agency Component Testing Performance/Compliance Tests Certificate of Type Approval Independent Motor Caravan registration by Transport Authorities after necessary verification of documents 29. As per sub-rule (1) of Rule 47 of the Central Motor Vehicles Rules, an application for registration of a motor vehicle shall be made in Form No.20 with the Registering Authority within a period of seven days from the date of taking delivery of such vehicle, excluding the period of journey and shall be accompanied by sale certificate in Form 21; valid certificate of insurance; copy of the proceedings of the State Transport Authority or Transport Commissioner or such other authorities as may be prescribed by the State Government for the purpose of approval of the design in the case of a trailer other than a vehicle of Category T; original sale certificate from the concerned authorities in Form 21 in the case of ex-army vehicles; proof of address by way of any one of the documents referred to in Rule 4; temporary registration, if any; road worthiness certificate in Form 22 from the manufacturer, Form 22-A from the body builders and, in case of self certification of the body built on a drive away chassis by a bus body structure fabricator, certificate of compliance in Form 22-B; etc. As per sub-rule (3) of Rule 47, on and from the 1st January, 2015, every vehicle manufacturer shall, in accordance with Form 20, Form 22 and Form 22-A, upload the vehicle details in the portal https://www.vahan.nic.in/ makermodel. As per sub-rule (5) inserted to Rule 47, by the Central Motor Vehicles (Fifth Amendment) Rules, 2018, on and from the commencement of the said sub-rule (i.e. with effect from 13.04.2018), every bus body builder shall upload the bus body details against the relevant drive away chassis on the portal http://www.vahan.nic.in/makermodel. Therefore, after the introduction of the bus body code and the amendments made to the Central Motor Vehicles Rules, once an application for registration is received, the Registering Authority has to consider the same with reference to the vehicle details/bus body details uploaded by the manufacturer/accredited body builder, and certificate/self-certification in Form 22, Form 22- A/Form 22-B, as the case may be. 30. 30. In George K.P. and another v. Joint Regional Transport Officer, Wayanad and others [ 2019 (4) KLT 948 ], taking note of the insertion of sub-rule (5) of Rule 47, by the Central Motor Vehicles (Fifth Amendment) Rules, 2018, this Court directed the Registering Authorities to reconsider the application for registration made by the petitioners therein, based on the documents produced along with the respective applications in Form 20, Form 22-A Part I and Form 22-B, after inspecting the vehicle with reference to the bus body details against the relevant drive away chassis uploaded by the accredited body builder in the web portal, as per the mandate of sub-rule (5). The Registering Authorities were directed to ensure that necessary details are furnished in the initial self certification by the accredited body builder in Form 22-B and that, the signature of the authorised representative of the body builder and also the seal are affixed on each and every page of that certificate, at appropriate place, and that the name of the authorised representative is also mentioned in the last page of that certificate. 31. As provided in Para.0.1 of AIS-124:2014, any alteration or modification in already type approved vehicle to build motor caravan shall be carried out by an accredited body builder in accordance with sound engineering practices and in compliance with the Motor Vehicles Act and the Central Motor Vehicles Rules, as amended from time to time. As specified in Para.0.1, alterations or modifications shall not be done to the already type approved vehicle, vehicles systems and components, e.g., chassis, suspensions, breaks, fuel systems, engine, etc., while building motor caravan. As provided in Para.3.1, the motor caravan build by a body builder shall comply with the provisions specified in Para.3.0, which deals with requirements of motor caravan; and Para.4.0, which deals with guidelines for requirements in living accommodation. As provided in Para.3.2.2, motor caravan which is built on already type approved vehicle shall comply the requirements of the Central Motor Vehicles Rules, as amended from time to time, for type approval as given in Table 1, after taking into consideration the provisions in Table 2. As provided in Para.3.2.2, motor caravan which is built on already type approved vehicle shall comply the requirements of the Central Motor Vehicles Rules, as amended from time to time, for type approval as given in Table 1, after taking into consideration the provisions in Table 2. As provided in Para.5.1.1, motor caravan body builder who builds motor caravan on earlier type approved vehicle, shall submit details of technical changes carried on the earlier type approved vehicle as per Table 8, 9, 10, 12 and 12A of AIS-007 (Rev.4), as amended from time to time. 32. As already noticed, in view of the provisions under sub-rule (3) of Rule 47 of the Central Motor Vehicles Rules, on and from 01.01.2015, every vehicle manufacturer shall, upload the vehicle details in the portal https://www.vahan. nic.in/makermodel. Similarly, in view of the provisions under sub-rule (5) of Rule 47, inserted by the Central Motor Vehicles (Fifth Amendment) Rules, 2018, on and from 13.04.2018, every bus body builder shall upload the bus body details against the relevant drive away chassis in the portal http://www.vahan.nic.in/makermodel. Therefore, after the insertion of sub-rule (5) of Rule 47, by the Central Motor Vehicles (Fifth Amendment) Rules, 2018, the Registering Authority has to consider the application for registration, with reference to the vehicle details uploaded by the manufacturer, and the bus body details against the relevant drive away chassis uploaded by the body builder, in the portal http://www.vahan.nic.in/makermodel and also the certificate/ self-certification in Form 22, Form 22-A/Form 22-B, as the case may be. In the case of registration of motor caravan, which is built on already type approved vehicle, complying the requirements of the Central Motor Vehicles Rules for type approval as given in Table 1, after taking into consideration the provisions in Table 2, the accredited body builder shall submit details of technical changes carried on the earlier type approved vehicle, as provided in Para.5.1.1 of AIS-124:2014. In the instant case, the additional 4th respondent body builder has not chosen to build motor caravan on the cowl and chassis covered by Ext.P1 sale certificate, after complying with the mandatory requirements referred to above. In addition to this, as per Ext.R4(g) self-certification made by the additional 4th respondent, the body of motor caravan built on the cowl and chassis covered by Ext.P1 complies with requirements of AIS- 052 (Rev.1) applicable to bus body. In addition to this, as per Ext.R4(g) self-certification made by the additional 4th respondent, the body of motor caravan built on the cowl and chassis covered by Ext.P1 complies with requirements of AIS- 052 (Rev.1) applicable to bus body. A motor caravan built on the existing vehicle, as permitted under Para.0.0(b) of AIS- 125:2014, has to comply with the standards in AIS-125:2014. The registration of a motor caravan can be made only in conformity with the guidelines for type approval and registration, as given in Annexure-D to AIS-125:2014, and in conformity with the procedure contemplated under Rule 47 of the Central Motor Vehicles Rules. Since the body building of motor caravan was not undertaken by the additional 4th respondent in terms of Rule 125G of the Central Motor Vehicles Rules and in compliance of the standards in AIS-125:2014, the 1st respondent Registering Authority, by Ext.P5 order, rightly rejected the application for registration made by the petitioner, and the 3rd respondent Appellate Authority, by Ext.P7 order, rightly upheld the said order of the Registering Authority. Therefore, Exts.P5 and P7 orders are perfectly legal, which warrant no interference in this writ petition. 33. The learned counsel for the petitioner would point out that some of the Registering Authorities in the State have already permitted the registration of buses [AIS-052 (Rev.1)] and motor caravans [AIS-125:2014] without the respective body builder uploading the bus body details against the relevant drive away chassis, in the portal http://www. vahan.nic.in/makermodel, and those vehicles are granted registration on the respective body builder filing an affidavit undertaking to upload the bus body details later. 34. In Kulwinder Pal Singh v. State of Punjab [ (2016) 6 SCC 532 ], the Apex Court reiterated that Article 14 of the Constitution of India is not to perpetuate illegality and it does not envisage negative equalities. If the State committed the mistake it cannot be forced to perpetuate the same mistake. Merely because some persons have been granted benefit illegally or by mistake, it does not confer right upon the appellants to claim equality. 35. If the State committed the mistake it cannot be forced to perpetuate the same mistake. Merely because some persons have been granted benefit illegally or by mistake, it does not confer right upon the appellants to claim equality. 35. After the insertion of sub-rule (5) of Rule 47 of the Central Motor Vehicles Rules, by the Central Motor Vehicles (Fifth Amendment) Rules, 2018, the Registering Authorities have to consider the application for registration, with reference to the vehicle details uploaded by the manufacturer, and the bus body details against the relevant drive away chassis uploaded by the body builder, in the portal http://www.vahan. nic.in/makermodel and also the certificate/ self-certification in Form 22, Form 22-A/Form 22-B, as the case may be. This is the mandate of sub-rule (5) of Rule 47, which was noticed by this Court on 04.12.2018, in George K.P. [ 2019 (4) KLT 948 ]. Registration, if any, granted by the Registering Authorities in the State, without the bus body details against the relevant drive away chassis uploaded by the body builder in that web portal is patently illegal, which would not confer right upon the petitioner to claim equality. It is for the 2nd respondent Transport Commissioner to conduct an enquiry into that matter and take appropriate action, strictly in accordance with law. 36. The petitioner has filed I.A.No.5 of 2020 seeking an order to amend the writ petition incorporating an additional relief, in order to consider Ext.P19 application made for registration of the vehicle covered by Ext.P2 temporary registration as mobile clinic, taking note of registration of similar vehicle as evident from Ext.P15 registration details of vehicle No.KL-48/L-1893, Ext.P16 registration details of vehicle No.KL-04/AL-8427 and Ext.P18 registration details of vehicle No.KL-41/R-1337. The document marked as Ext.P17 series are the photographs of one such vehicle. 37. As per sub-section (1) of Section 41 of the Motor Vehicles Act, an application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government. 37. As per sub-section (1) of Section 41 of the Motor Vehicles Act, an application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government. As per sub-section (3) of Section 41, the registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. As per sub-section (4) of Section 41, in addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design construction and use of the motor vehicle, by notification in the Official Gazette, specify. In exercise of the powers under sub-section (4) of Section 41 of the Motor Vehicles Act, the Central Government vide notification No.S.O.1284(E) dated 05.11.2004 specified the types of motor vehicles as mentioned in column 1 and 2 of the Table for the purpose of sub-section (4). As per the said notification, Mobile Clinic, X-ray Van or Library Vans are classified as Transport Vehicles [Column 1 - Sl.No.(viii)]. 38. Chapter V of the Central Motor Vehicles Rules deals with construction, equipment and maintenance of motor vehicles. As per sub-rule (1) of Rule 92, no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of Chapter V. As per the proviso to sub-rule (1), nothing contained in Rule 92 shall apply to vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993. As per sub-rule (2), nothing in Rule 92 shall apply to a motor vehicle enumerated in clauses (a) to (c). 39. Rule 102 of the Central Motor Vehicles Rules deals with signalling devices, direction indicator and stop lights. As per sub-rule (2), nothing in Rule 92 shall apply to a motor vehicle enumerated in clauses (a) to (c). 39. Rule 102 of the Central Motor Vehicles Rules deals with signalling devices, direction indicator and stop lights. As per sub-rule (1) of Rule 102, the signal to turn to the right or to the left shall be given by electrically operated direction indicator lamps on all motor vehicles including construction equipment vehicles and combined harvester, and such construction equipment vehicles and combined harvester be fitted and maintained so that conditions enumerated in clauses (i) to (iii) of sub-rule (1) are met, i.e., (i) the direction indicator lamps shall be of amber colour which is illuminated to indicate the intention to turn, by a light flashing at the rate of not less than 60 and not more than 120 flashes per minute; (ii) the light emitted by the lamp when in operation shall be clearly visible from both front and rear of the vehicle; and (iii) the minimum illuminated area of each direction indicator shall be 60 square centimeters. As per the proviso to sub-rule (1) of Rule 102, nothing contained in this sub-rule shall apply to L1 category of motorcycles. As per sub-rule (2) of Rule 102, on all vehicles other than motorcycles, the intention to stop the vehicle (other than construction equipment vehicle having hydrostatic brakes) shall be indicated by two electrical stop lamps which shall be red in colour and shall be fitted one on each left and right-hand sides at the rear of the vehicle. The stop lamps shall light up on the actuation of the service brake control. In the case of motorcycle, the intention to stop the vehicle shall be indicated by one stop lamp at the rear which shall light up on the actuation of the control operating the brakes on the rear wheels. 40. Rule 103 of the Central Motor Vehicles Rules deals with position of the indicator. As per sub-rule (1) of Rule 103, a direction indicator shall be fitted and every direction indicator shall be so designed and fitted that the driver of the vehicle including a construction equipment vehicle and combine harvester when in his driving seat is aware that it is operating correctly. As per sub-rule (1) of Rule 103, a direction indicator shall be fitted and every direction indicator shall be so designed and fitted that the driver of the vehicle including a construction equipment vehicle and combine harvester when in his driving seat is aware that it is operating correctly. As per sub-section (2), one year from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, every motor vehicle including a construction equipment vehicle and combine harvester other than motorcycles shall be equipped with such a device that when the vehicle is in an immobilized condition all the direction indicators flash together giving hazard warning to other road users. 41. Rule 104 of the Central Motor Vehicles Rules deals with fitment of reflectors. As per sub-rule (1) of Rule 104, every motor vehicle manufactured on and after the 1st day of April, 2016, including trailers and semi-trailers, other than three wheelers and motorcycles shall be fitted with two red reflectors, one each on both sides at their rear. Every motorcycle shall be fitted with at least one red reflector at the rear. Clauses (i) to (iv) of the proviso to sub-rule (1) deal with fitment of reflectors in respect of vehicle of Categories N-1, N- 2, N-3, M-2, and M-3. As per sub-rule (4) of Rule 104, on and after expiry of one year from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1999, the reflectors referred to in this rule and in Rule 110 shall be of reflex type conforming to AIS-057:2005 till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. As per sub-rule (5) of Rule 104, on and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, every motor vehicle and trailer of length exceeding 6 metres shall be fitted with two amber coloured reflex reflectors on each left hand and right hand of the vehicle, one set as close to the front end as possible and the other set as close to the rear end as possible. The height of the side reflectors above the ground shall not be more than 1,500 mm. The area of each reflector shall not be less than 28.5 sq.cm. The height of the side reflectors above the ground shall not be more than 1,500 mm. The area of each reflector shall not be less than 28.5 sq.cm. As per the proviso to sub-rule (5), in case the distance between the two side reflectors is more than 3 metres, additional intermediate side reflectors shall be fitted so that the distance between any adjacent side reflector is not more than 3 metres. As per sub-rule (4) of Rule 104, substituted vide GSR 1192(E) dated 10.12.2018, with effect from 11.12.2018, after omitting sub-rules (2) and (5) of Rule 104, the reflectors referred to in Rule 104 and in Rule 110 fitted with motor vehicles manufactured on or after the 1st day of October, 2019 shall be of reflex type conforming to AIS- 057(Rev.1):2010 standard as amended from time to time, till such time the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016. 42. Rule 105 of the Central Motor Vehicles Rules deals with lamps. As per sub-rule (1) of Rule 105, save as provided in the said rule, every motor vehicle, while being driven in public place during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the lamps enumerated in clauses (a) to (d) of sub-rule (1), which shall render clearly discernible persons and vehicles on the road at a distance of one hundred and fifty-five metres ahead. As per clause (a) of sub-rule (1) of Rule 105, a motor vehicle other than three-wheelers, three-wheeled invalid carriages and motorcycles shall have two or four head lamps. As per clause (i) of sub-rule (2), every motor vehicle other than a three-wheeler shall carry two rear lamps showing to the rear a red light visible in the rear from a distance of one hundred and fifty-five metres; and as per clause (ii) lamp, which may be the rear lamp or some other device, illuminating with a white light the whole of the registration mark exhibited on the rear of the vehicle, so as to render it legible from a distance of fifteen metres to the rear. Sub-rule (3) of Rule 105 specifies the power and height of front head lamps of a motor vehicle. Sub-rule (3) of Rule 105 specifies the power and height of front head lamps of a motor vehicle. As per sub-rule (3) of Rule 105, on and from the commencement of the Central Motor Vehicles (Amendment) Rules, 1993, all the obligatory front head lamps of a motor vehicle other than motorcycles shall be as nearly as possible of the same power and fixed at a height as specified in Indian Standards IS:8415 —1977 (clause 4.1). As per the first proviso to sub-rule (3), in the case of four-wheel drive cross country vehicles, the maximum height of the said front head lamps may be as per limits specified in Indian Standards IS:8415—1977 (clause 4.1.1). As per sub-rule (4), the rear lamp shall be fixed either on the centre line of the vehicle or to the right hand side, and save in the case of transport vehicle, at a height of not exceeding one metre above the ground. As per sub-rule (5), in the case of a transport vehicle, the rear light may be fixed at such level as may be necessary to illuminate the registration mark. Rules 105 of the Central Motor Vehicles Rules reads thus; “105. As per sub-rule (5), in the case of a transport vehicle, the rear light may be fixed at such level as may be necessary to illuminate the registration mark. Rules 105 of the Central Motor Vehicles Rules reads thus; “105. Lamps.- (1) Save as hereinafter provided, every motor vehicle, while being driven in a public place, during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the following lamps which shall render clearly discernible persons and vehicles on the road at a distance of one hundred and fifty-five metres ahead:— (a) in the case of motor vehicle other than three-wheelers, three-wheeled invalid carriages and motorcycles, two or four head lamps; (b) in the case of three-wheelers and three-wheeled invalid carriages one or two head lamps; (bb) every two wheeler manufactured on and after 1st April, 2017 shall have one or two head lamps, conforming to the applicable standards in force for performance and installation requirements as notified by the Central Government from time to time vide according to sub-rule (1) of Rule 124 which shall automatically switch on when the engine is running; Provided that, the above condition of the head lamp being lit when the engine is running is deemed to be satisfied if daytime running lamp is provided, conforming to the applicable standards in force for performance and installation requirements as notified by the Central Government from time to time, which shall be automatically lit if the engine is running: Provided further that the daytime running lamp shall be lit off automatically if the engine is running and the head lamp is switched on; (c) in the case of a side car attached to a motorcycle one lamp showing a white light to the front; (d) in the case of construction equipment vehicle, two or four lamps showing to the front white light visible from a distance of one hundred and fifty-five metres ahead. (2) Every such motor vehicle other than a three-wheeler shall also carry— (i) two lamps (hereinafter referred to as the rear lamp) showing to the rear a red light visible in the rear from a distance of one hundred and fifty-five metres; and in the case of a motorcycle one lamp showing a red light to the rear visible from a distance of seventy-five metres; and (ii) lamp, which may be the rear lamp or some other device, illuminating with a white light the whole of the registration mark exhibited on the rear of the vehicle including construction equipment vehicle, and on the side in the case of construction equipment vehicle and combine harvester so as to render it legible from a distance of fifteen metres to the rear: Provided that when a motor vehicle is drawing another vehicle or vehicles and the distance between such vehicles does not exceed 1.5 metres, it shall be sufficient if the last drawn vehicle carries a rear lamp or a lamp illuminating the rear registration mark: Provided further that every construction equipment vehicle shall also carry two lamps showing to the rear red lights visible in the rear from a distance of one hundred and fifty-five metres. (3) On and from the commencement of the Central Motor Vehicles (Amendment) Rules, 1993, all the obligatory front head lamps of a motor vehicle other than motorcycles shall be as nearly as possible of the same power and fixed at a height as specified in Indian Standards IS: 8415— 1977 (clause 4.1): Provided that in the case of four-wheel drive cross country vehicles, the maximum height of the said front head lamps may be as per limits specified in Indian Standards IS: 8415 —1977 (clause 4.1.1): Provided further that on and from the commencement of the Central Motor Vehicles (Amendment) Rules, 1993, all vehicles other than three-wheelers of engine capacity less than 500 CC, motorcycles and three-wheeled invalid carriages manufactured shall be fitted with two rear lamps showing red light to the rear. (3A) On and from the commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000, all the obligatory front head lamps of a construction equipment vehicle shall be as nearly as possible of the same power and fixed at a height so that front visibility is maintained and farthermost point of equipment/attachment is clearly seen by oncoming traffic. (3A) On and from the commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000, all the obligatory front head lamps of a construction equipment vehicle shall be as nearly as possible of the same power and fixed at a height so that front visibility is maintained and farthermost point of equipment/attachment is clearly seen by oncoming traffic. (3B) All the obligatory front head lamps of a combine harvester shall be as nearly as possible of the same power and fixed at a height so that the front visibility is maintained and farthermost point of equipment or attachment is clearly seen by oncoming traffic. (4) The rear lamp shall be fixed either on the centre line of the vehicle or to the right hand side, and save in the case of a transport vehicle, at a height of not exceeding one metre above the ground: (5) In the case of a transport vehicle, the rear light may be fixed at such level as may be necessary to illuminate the registration mark. (6) Every heavy goods carriage including trailers shall be fitted with a red indicator lamp of size of thirty centimetres by ten centimetres on the extreme rear most body cross beam and in the case of a vehicle not constructed with body in the rear, the indicator lamp shall be fitted near the right rear light above the rear number plate: Provided that every construction equipment vehicle of an unconventional or extraordinary type in travel mode shall be fitted or installed with a red indicator lamp of size of not less than 100 square centimetres on the extreme rearmost point of the body. (7) On and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1999, every motor vehicle manufactured shall be fitted with at least one lamp which shall automatically be operated, throwing a white light to the rear, when the vehicle is being driven in the reverse gear. (8) In the case of vehicles, other than three-wheelers of engine capacity not exceeding 500 CC, which are attached with trailers, all the lamps required to be fitted on the rear of the vehicle shall be fitted at the rear of the trailer. (8) In the case of vehicles, other than three-wheelers of engine capacity not exceeding 500 CC, which are attached with trailers, all the lamps required to be fitted on the rear of the vehicle shall be fitted at the rear of the trailer. (8A) On the commencement of the Central Motor Vehicles (Sixth Amendment) Rules, 2000, every construction equipment vehicle shall be fitted with two lamps at the rear throwing light to the rear when the vehicle is being driven in the reverse gear and there shall also be an audible warning system operating when the vehicle is being driven in the reverse gear, the audible warning system and the light being automatically operated when the vehicle is in reverse gear. (8B) Every combine harvester shall be fitted with two lamps at the rear throwing light to the rear when the vehicle is being driven in the reverse gear and there shall also be an audible warning system operating when the vehicle is being driven in the reverse gear so that the audible warning system and the light are automatically operated when the vehicle is in reverse gear.” 43. Rule 106 of the Central Motor Vehicles Rules provides for deflection of lights. Sub-rule (1) of Rule 106, substituted by the Central Motor Vehicles (Sixth Amendment) Rules, 2014, which came into force with effect from 24.04.2014, provides that no head lamp showing a light to the front shall be used on any motor vehicle including agricultural tractor and construction equipment vehicle and combine harvester (whether fitted with single or dual head lamp) unless such vehicle is so constructed, fitted and maintained that the beam of light emitted therefrom meet the requirements of the respective safety standards notified under Rules 124 and 124A. 44. 44. As per sub-rule (1) of Rule 106 of the Central Motor Vehicles Rules, which was in force till its substitution by the Central Motor Vehicles (Sixth Amendment) Rules, 2014, no lamp showing a light to the front shall be used on any motor vehicle including construction equipment vehicle (whether fitted with single or dual head lamp) unless such lamp is so constructed, fitted and maintained that the beam of light emitted therefrom (a) is permanently deflected downwards to such an extent that it is not capable of dazzling any person whose eye position is at a distance of 8 metres from the front of lamp; at a distance of 0.5 metre to the right side of the lamps, i.e., fitted at right extreme of the vehicle, from the right edge of the lamp; and at a height of 1.5 metres from the supporting plane of the vehicle; (b) is capable of being deflected downwards by the driver in such manner as to render it incapable of dazzling any such person in the circumstances aforesaid; (c) is capable of being extinguished by the operation of a device which at the same time causes a beam of light to be emitted from the lamp which complies with the provision of clause (a); (d) is capable of being extinguished by the operation of a device which at the same time either deflects the beam of light from another lamp downwards or both downwards and to the left in such manner as to render it incapable of dazzling any person in the circumstances aforesaid, or brings into or leaves in operation a lamp which complies with the provisions of clause (a). 45. By virtue of the amendment, i.e., by the substitution of sub-rule (1) of Rule 106 of the Central Motor Vehicles Rules, by the Central Motor Vehicles (Sixth Amendment) Rules, 2014, the Central Government, instead of specifying the requirements of ‘low beam’ and ‘high beam’ emitted from the head lamp of a motor vehicle in the rule itself, has specified that any motor vehicle including agricultural tractor and construction equipment vehicle and combine harvester shall be so constructed, fitted and maintained that the beam of light emitted from the head lamp meet the requirements of the respective safety standards notified under Rules 124 and 124A. 46. Rule 109 of the Central Motor Vehicles Rules deals with parking lights. 46. Rule 109 of the Central Motor Vehicles Rules deals with parking lights. As per Rule 109, every construction equipment vehicle, combine harvester and every motor vehicle other than motorcycles and three-wheeled invalid carriages shall be provided with one white or amber parking light on each side in the front. In addition to the front lights, two red parking lights one on each side in the rear shall be provided. The front and rear parking lights shall remain lit even when the vehicle is kept stationary on the road. As per the first proviso to Rule 109, these rear lamps can be the same as the rear lamps referred to in sub-rule (2) of Rule 105. As per the second proviso to Rule 109, construction equipment vehicles and combine harvesters, which are installed with flood light lamps or spot lights at the front, rear or side of the vehicle for their off-highway or construction operations, shall have separate control for such lamps or lights and these lights shall be permanently switched off when the vehicle is travelling on the road. 47. Rule 111 of the Central Motor Vehicles Rules, which deals with prohibition of spot lights, etc., provides that no spot light or search light shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of the registering authority. Rule 124 of the Central Motor Vehicles Rules deals with safety standards of components. As per sub-rule (1) of Rule 124, the Central Government may, from time to time, specify, by notification in the Official Gazette, the standards or the relevant standards specified by the Bureau of Indian Standards of any part, component or assembly to be used in the manufacture of a vehicle including construction equipment vehicle and the date from which such parts, components or assemblies are to be used in the manufacture of such vehicle and on publication of such notification every manufacturer shall use only such of these parts, components or assemblies in manufacture of the vehicle. As per sub-rule (2) of Rule 124, every manufacturer shall get the prototype of the part, component or subassembly for which standards have been notified, approved from any agency as referred to in Rule 126 and in the case of tyre and rubber components from the Indian Rubber Manufacturers Research Association, Thane, or in the case of compliance with notified Indian Standards from laboratory duly authorised by the Bureau of Indian Standards. On the basis of such approval, every manufacturer shall also certify compliance with the provisions of this rule in Form 22. As per sub-rule (4) of Rule 124, the procedure for type approval and establishing conformity of production for components listed in the Table to sub-rule (4), shall be in accordance with AIS- 037:2004 till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. 48. In Avishek Goenka v. Union of India [ (2012) 5 SCC 321 ], after referring to the provisions under Rules 100, 104, 104A, 106, 119 and 120 of the Central Motor Vehicles Rules, the Apex Court held that the Rules deal with every minute detail of construction and maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the court to read into these statutory provisions, what is not specifically provided for. The provisions of the Central Motor Vehicles Rules demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road. The Apex Court held further that, the legislative intent attaching due significance to the ‘public safety’ is evident from the object and reasons of the Motor Vehicles Act, the provisions of the said Act and more particularly, the rules framed thereunder. 49. The Apex Court held further that, the legislative intent attaching due significance to the ‘public safety’ is evident from the object and reasons of the Motor Vehicles Act, the provisions of the said Act and more particularly, the rules framed thereunder. 49. In Saji K.M. v. Deputy Transport Commissioner, Thrissur and others [ 2019 (3) KHC 836 ], after referring to the law laid down by the Apex Court in Avishek Goenka, this Court held that the provisions under Rules 102 to 111 of the Central Motor Vehicles Rules deal with every minute detail of the signalling devices, direction indicators, reflectors, reflective tapes, lamps, parking lights, etc. to be fitted in a motor vehicle. The said provisions deal with the number, position, colour and other specifications of such lamps, direction indicators, reflectors, etc. As per the mandate of sub-rule (1) of Rule 105, every motor vehicle, while being driven in a public place, during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the lamps enumerated in clauses (a) to (d) of sub-rule (1) of the said Rule, which shall render clearly discernible persons and vehicles on the road at a distance of one hundred and fifty-five meters ahead. As per clause (i) of sub-rule (2), the red light of the rear lamps of a motor vehicle, other than a motorcycle shall be visible in the rear from a distance of one hundred and fifty-five meters and as per clause (ii) of sub-rule (2), the device illuminating the whole of the registration mark exhibited on the rear of a vehicle with a white light shall render the registration mark legible from a distance of fifteen meters to the rear. As per the mandate of sub-rule (3) of Rule 105, all the obligatory front head lamps of a motor vehicle other than a motorcycle shall be as nearly as possible of the same power and fixed at a height as specified in Indian standards I.S:8415-1977 (clause 4.1.1). As per the mandate of sub-rule (3) of Rule 105, all the obligatory front head lamps of a motor vehicle other than a motorcycle shall be as nearly as possible of the same power and fixed at a height as specified in Indian standards I.S:8415-1977 (clause 4.1.1). Similarly, sub-rule (4) of Rule 105 deals with the position and height of the rear lamp of a motor vehicle other than a transport vehicle; and sub-rule (5) deals with the position of rear light in the case of a transport vehicle, as per which, in the case of a transport vehicle, the rear light may be fixed at such level as may be necessary to illuminate the registration mark. As per the mandate of Rule 109, which deals with parking lights, the front and rear parking lights shall remain lit even when the vehicle is kept stationary on the road. 50. The erstwhile Ministry of Shipping, Road Transport and Highways (Department of Road Transport and Highways), vide S.O.1365(E) dated 13.12.2004, prescribed the standards for installation of lighting and light-signaling devices for motor vehicle having more than three wheels, trailer and semi-trailer, as a safety requirement. Serial No.1(i) of the said notification prescribed the standards for automobile lamps that are to be used as head lamps and states that they shall be of AIS- 034:2004 standard. Serial No.20 of the said notification prescribes the fitment requirements of such lamps to be as per AIS-008:2001. 51. AIS-034:2004 deals with Automotive Industry Standards for automobile lamps, which has been prepared for implementation of the mandatory requirements regarding lamps (bulbs) for use in automobiles for lights and light-signalling devices covered by AIS-008:2001-Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicle having more than Three Wheels, Trailer and Semi-Trailer excluding Agricultural Tractor and Special Purpose Vehicle; AIS-009:2001 - Installation Requirements of Lighting and Light-Signalling Devices for Two and Three Wheeler, its Trailer and Semi-trailer; and AIS-030:2001 - Installation Requirements for Lighting and Light-Signalling Devices for Agricultural Tractor. 52. Para.1.0 of AIS-008 deals with its scope. As per Para.1.0, this standard applies to the approval of power-driven vehicles intended for use on the road, with or without bodywork, with not less than four wheels and a maximum design speed exceeding 25 km/h, and of their trailers, with the exception of vehicles, which run on rails, agricultural or forestry tractors and machinery, and public works vehicles. As per Para.1.0, this standard applies to the approval of power-driven vehicles intended for use on the road, with or without bodywork, with not less than four wheels and a maximum design speed exceeding 25 km/h, and of their trailers, with the exception of vehicles, which run on rails, agricultural or forestry tractors and machinery, and public works vehicles. Para.2.0 of AIS-008:2001 deals with definitions. As per Para.2.7.9, ‘main-beam headlamp’ means the lamp used to illuminate the road over a long distance ahead of the vehicle. As per Para.2.7.10, ‘dipped-beam headlamp’ means the lamp used to illuminate the road ahead of the vehicle without causing undue dazzle or discomfort to oncoming drivers and other road users. As per Para.2.7.11, ‘direction-indicator lamp’ means the lamp used to indicate to other road users that the driver intends to change direction to the right or to the left. A direction-indicator lamp or lamps may also be used according to the provisions of AIS-076. As per Para.2.7.12, ‘stop lamp’ means the lamp used to indicate to other road users to the rear of the vehicle that the longitudinal movement of the vehicle is intentionally retarded. As per Para.2.7.13, ‘rear registration plate (mark) illuminating lamp’ means the device used to illuminate the space intended to accommodate the rear registration plate. This may consist of different optical components. 53. As per Para.2.7.14 of AIS-008, ‘front position lamp’ means the lamp used to indicate the presence and the width of the vehicle when viewed from the front. As per Para.2.7.15 ‘rear position lamp’ means the lamp used to indicate the presence and the width of the vehicle when viewed from the rear. As per Para.2.7.16, ‘retro-reflector’ means a device used to indicate the presence of a vehicle by the reflection of light emanating from a light source not connected to the vehicle, the observer being situated near the source. As per Para.2.7.18, ‘hazard warning signal’ means the simultaneous operation of all the direction indicator lamps of a vehicle to draw attention to the fact that the vehicle temporarily constitutes a special danger to other road users. 54. As per Para.2.7.19 of AIS-008, ‘front fog lamp’ means the lamp used in case of fog, snowfall, rainstorms or dust clouds to improve the illumination of the road. 54. As per Para.2.7.19 of AIS-008, ‘front fog lamp’ means the lamp used in case of fog, snowfall, rainstorms or dust clouds to improve the illumination of the road. As per Para.2.7.20, ‘rear fog lamp’ means the lamp used to make the vehicle more easily visible from the rear in dense fog, snowfall, rainstorms or dust clouds. As per Para.2.7.21, ‘reversing lamp’ means the lamp used to illuminate the road to the rear of the vehicle and to warn other road users that the vehicle is reversing or about to reverse. As per Para.2.7.22, ‘parking lamp’ means the lamp used to draw attention to the presence of a stationary vehicle in a built-up area. In such circumstances, it replaces the front and rear position lamps. As per Para.2.7.23, ‘end outline marker lamp’ means the lamp fixed to the extreme outer edge as close as possible to the top of the vehicle and intended to indicate clearly the overall width of the vehicle. This lamp is intended for certain vehicles and trailers to complement the front and rear position lamps of the vehicle by drawing particular attention to its bulk. As per Para.2.7.24, ‘side-marker lamp’ means a lamp used to indicate the presence of the vehicle when viewed from the side. As per Para.2.7.25, ‘day time running lamp’ means a lamp facing in a forward direction used to make the vehicle more easily visible when driving during daytime. As per Para.2.7.26, ‘cornering lamp’ means a lamp used to provide supplementary illumination of that part of the road which is located near the forward corner of the vehicle at the side towards which the vehicle is going to turn. 55. Para.5.0 of AIS-008 deals with ‘general requirements’ and Para.6.0 deals with ‘individual specifications’. As per Para.5.1, only those lighting and light-signalling devices referred to in Para.6.0 of this standard shall be permitted to be installed on motor vehicles. The lighting and light-signalling devices shall be so fitted that under normal conditions of use as defined in 2.24 and notwithstanding any vibration to which they may be subjected to, they retain the characteristics laid down in this standard and enable the vehicle to comply with the requirements of this standard. In particular, it shall not be possible for the adjustment of the lamps to be inadvertently disturbed. In particular, it shall not be possible for the adjustment of the lamps to be inadvertently disturbed. As per Para.5.2, the illuminating lamps described in paragraphs 2.7.9 [main-beam headlamp], 2.7.10 [dipped-beam headlamp] and 2.7.19 [front fog lamp] shall be so installed that correct adjustment of their orientation can easily be carried out. 56. Para.5.3 of AIS-008, for all light-signalling devices, including those mounted on the side panels, the reference axis of the lamp [as defined in Para.2.11] when fitted to the vehicle shall be parallel to the bearing plane of the vehicles on the road. In addition, it shall be perpendicular to the median longitudinal plane of the vehicle in the case of side retroreflector and side marker lamps and parallel to that plane in the case of all other signalling devices. In each direction, a tolerance of ±3° shall be allowed. In addition, any specific instructions as regards fitting laid down by the manufacturer shall be complied with. As per Para.5.4, in the absence of specific requirements, the height and alignment of the lamps shall be checked with the unladen vehicle placed on a flat, horizontal surface under normal conditions of use of a vehicle as defined in 2.24. 57. As per Para.5.5 of AIS-008, in the absence of specific requirements, lamps constituting a pair shall be fitted to the vehicle symmetrically in relation to the median longitudinal plane (based on the exterior geometrical form of the lamp and not on the edge of its illuminating surface referred in Para.2.9) [as per Para.5.5.1]; be symmetrical to one another in relation to the median longitudinal plane. This requirement is not valid with regard to the interior structure of the lamp [as per Para.5.5.2]; satisfy the same colorimetric characteristics (component type approval value) [as per Para.5.5.3]; and have substantially identical photometric characteristics (component type approval value) [as per Para.5.5.4]. As per Para.5.6, on vehicles whose external shape is asymmetrical, the above requirements shall be satisfied as far as possible. 58. As per Para.5.8 of AIS-008, the maximum height with respect to the ground shall be measured from the highest point and the minimum height from the lowest point of the apparent surface in the direction of the reference axis. In the case of dipped-beam headlamps, the minimum height shall be measured from the lowest point of the effective outlet of the optical system (eg. In the case of dipped-beam headlamps, the minimum height shall be measured from the lowest point of the effective outlet of the optical system (eg. reflector, lens, projection lens) independent of its utilisation. Where the maximum and minimum height clearly meets the requirements of this standard, the exact edges of any surface need not be determined. As per Para.5.8.1, the position, as regards width, shall be determined from the edge of the apparent surface in the direction of reference axis which is the farthest from the median longitudinal plane of the vehicle when referred to the overall width and from the inner edges of the apparent surface in the direction of reference axis when referred to the distance between the lamps. Where the position, as regards width, clearly meets the requirements of this standard the exact edges of any surface need not be determined. 59. Para.5.9 of AIS-008, in the absence of specific requirements, no lamps other than direction indicator lamps and the hazard-warning signal and amber side-marker lamps complying with Para.6.18.7 below, shall be flashing lamps. As per Para.5.10, no red light in the forward direction and no white light in the rearward direction shall be emitted from a lamp (which could give rise to confusion), other than from a reversing lamp and a rear registration plate lamp. While considering this requirement, no account shall be taken of lighting devices fitted in the interior of the vehicle. In case of doubt, this requirement shall be verified as enumerated in Para.5.10.1 to Para.5.10.3.2. As per Para.5.15, the colours of the light emitted by the lamps shall be as shown in the Table to Para.5.15. 60. Para.5.16 of AIS-008 deals with number of lamps. As per Para.5.16.1, the number of lamps mounted on the vehicle should be equal to the number(s) specified in each of Para.6.1. to Para.6.20. Para.6.0 deals with individual specifications of lamps, namely, number, position, width, height, length, geometric visibility, orientation, etc. Para.6.1 deals with main-beam headlight. As per Para.6.1.4.3, which deals with length, the main-beam headlight shall be fitted at the front of the vehicle in such a way that the light emitted does not cause discomfort to the driver either directly or indirectly through the rear-view mirrors and/or other reflecting surfaces of the vehicle. Para.6.2 deals with dipped-beam headlight. Para.6.1 deals with main-beam headlight. As per Para.6.1.4.3, which deals with length, the main-beam headlight shall be fitted at the front of the vehicle in such a way that the light emitted does not cause discomfort to the driver either directly or indirectly through the rear-view mirrors and/or other reflecting surfaces of the vehicle. Para.6.2 deals with dipped-beam headlight. As per Para.6.2.4.2, the height of dipped-beam headlight shall not be less than 500 mm and not more than 1,200 mm above the ground. For category N3G (off-road) vehicles (as defined in AIS-053) the maximum height may be increased to 1,500 mm. As per Para.6.2.4.3, which deals with length of dipped-beam headlight, the requirement shall be deemed to be satisfied if the light emitted does not cause discomfort to the driver either directly, or indirectly through the rear view mirrors and/or other reflecting surfaces of the vehicle. 61. Para.6.3 to Para.6.20 of AIS-008 deals with individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of various lamps and retro-reflectors. Para.6.3 deals with front fog lamp [optional]; Para.6.4 deals with reversing light; Para.6.5 deals with direction indicator lamp; Para.6.6 deals with hazard warning signal; Para.6.7 deals with stop lamp; Para.6.8 deals with rear registration plate (mark) illumination lamp; Para.6.9 deals with front position lamp; Para.6.10 deals with rear position lamp; Para.6.11 deals with rear fog lamp [optional]; Para.6.12 deals with parking lamp; Para.6.13 deals with endoutline marker lamp [mandatory on vehicles and trailers exceeding 2.10m in width]; Para.6.14 deals with rear retroreflector (non-triangular) [for motor vehicles of M and N category]; Para.6.15 deals with rear retro-reflector (triangular) [mandatory on trailers]; Para.6.16 deals with front retro-reflector (non-triangular) [mandatory on trailers and goods vehicles]; Para.6.17 deals with side retro-reflector (non-triangular) [mandatory on all motor vehicles the length of which exceeds 6m and on all trailers]; Para.6.18 deals with side-marker lamps [mandatory on all motor vehicles the length of which exceeds 6m, except for chassis cabs]; Para.6.19 deals with daytime running lamp [optional]; and Para.6.20 deals with cornering lamp [optional]. 62. In view of the general requirements under Para.5.1 of AIS-008, a motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle, shall be permitted to be fitted with only those lighting and light-signalling devices, and also the retro-reflectors referred to in Para.6.0. 62. In view of the general requirements under Para.5.1 of AIS-008, a motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle, shall be permitted to be fitted with only those lighting and light-signalling devices, and also the retro-reflectors referred to in Para.6.0. Paras.6.1 to 6.20 deals with individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of various lamps and retro-reflectors. As per Para.6.1.4.3 and Para.6.2.4.3, the light emitted from the main-beam headlight and dipped-beam headlight fitted at the front of the vehicle shall not cause discomfort to the driver either directly or indirectly through the rear-view mirrors and/or other reflecting surfaces of the vehicle. As per Para.6.2.4.2, the height of dipped-beam headlight shall not be less than 500 mm and not more than 1,200 mm above the ground. As per Para.2.7.14 ‘front position lamp’ should indicate the presence and the width of the vehicle when viewed from the front and as per Para.2.7.15 ‘rear position lamp’ should indicate the presence and the width of the vehicle when viewed from the rear. As per Para.5.3, for all light-signalling devices, the reference axis of the lamp when fitted to the vehicle shall be parallel to the bearing plane of the vehicles on the road. In the case of side retro-reflector and side marker lamps, it shall be perpendicular to the median longitudinal plane of the vehicle and parallel to that plane in the case of all other signalling devices. In each direction, a tolerance of ±3° shall be allowed. 63. AIS-008 deals with every minute detail of installation of lighting, light-signalling devices and retroreflectors for motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle. The lighting, light-signalling devices and retro-reflectors permitted to be installed on a motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle motor vehicle have been specifically provided for in AIS-008. In view of the prohibition contained in Para.5.1, no such motor vehicle shall be permitted to be installed with any lighting and light-signalling devices or retro-reflectors, other than those referred to in Para.6.0 of AIS-008. 64. The combined reading of the definition clauses in Paras.2.7.9 to 2.7.26 and the individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. 64. The combined reading of the definition clauses in Paras.2.7.9 to 2.7.26 and the individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of those lighting, light-signalling devices and also retro-reflectors specified in Paras.6.1 to 6.20 of AIS-008, leads to an irresistible conclusion that, in order to ensure the safety of road users, the standards prescribed in AIS-008 deal with every minute detail of the installation of lighting and light-signalling devices for motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle. The individual specifications, namely, position, height, length, geometric visibility, orientation, etc. of those lighting, light-signalling devices and retro-reflectors are specified in Paras.6.1 to 6.20 of AIS-008 to ensure appropriate manner of construction and maintenance motor vehicle, so that the light emitted from the ‘main-beam headlight’ and ‘dipped-beam headlight’ fitted at the front of the vehicle shall not cause discomfort to the driver either directly or indirectly through the rear-view mirrors and/or other reflecting surfaces of the vehicle; the ‘front position lamp’ and the ‘rear position lamp’ indicates the presence and the width of the vehicle when viewed from the front/rear; the ‘retro-reflector’ indicates the presence of a vehicle by the reflection of light; etc. When a vehicle temporarily constitutes a special danger to other road users, ‘hazard warning signal’ has to be shown by simultaneous operation of all the direction indicator lamps of that vehicle to draw the attention of other road users. 65. In Principal, Sabari PTB Smaraka H.S.S., Ottapalam v. Additional Registering Authority, Ottapalam and others [2019 SCC OnLine Ker 7998 : 2020 (2) KHC SN 9] this Court held that, use of a motor vehicle in a public place without complying with the installation requirements of lighting and light-signalling devices and also retro-reflectors as per AIS-008 (installation requirements of lighting and light-signalling devices for motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle) is likely to endanger the safety of other road users. Therefore, a motor vehicle governed by AIS-008, which is not installed with lighting and light-signalling devices and also retro-reflectors referred to in Para.6.0, conforming to the individual specifications for such lighting and light-signalling devices and also for retro-reflectors prescribed in Paras.6.1 to 6.20, namely, number, position, width, height, length, geometric visibility, orientation, etc., shall not be permitted to be used in any public place. Similarly, a motor vehicle governed by AIS- 008, which is installed with lighting and light-signalling devices or retro-reflectors other than those referred to in Para.6.0, shall not be permitted to be used in any public place. 66. The Motor Vehicles (Driving) Regulations, 2017 made by the Central Government, in exercise of the power conferred by Section 118 of the Motor Vehicles Act, and in supersession of the Rules of the Road Regulations, 1989, was notified vide GSR 634(E) dated 23.06.2017. Regulation 3 of the Motor Vehicles (Driving) Regulations, 2017 deals with duty towards other road users and general public. As per Regulation 3, no vehicle shall be driven, stopped or parked on a road or in a public place in such a manner as is likely to endanger the safety of or cause inconvenience to other road users. Regulation 31 deals with vehicle lighting. As per sub-regulation (1) of Regulation 31, the driver shall use the specified lighting devices at nightfall and at dawn and at other times when visibility is poor. As per sub-regulation (2), the lighting devices of a vehicle shall at all times be kept in good working condition and no lighting device shall be obscured by any object or dirt. As per sub-regulation (3), no driver shall drive the vehicle with parking lights only, unless so directed by a police officer in uniform or any other authorised person; and use high beam inappropriately or for long duration or on well-lit roads. As per sub-regulation (4), high beam shall be dipped in good time on the approach of an oncoming vehicle or when driving close behind another vehicle. As per sub-regulation (5), the driver shall switch on the fog light headlamps only when visibility is considerably affected due to fog, dust, storm, rain or snow and only with dipped head lamps. 67. Section 177A of the Motor Vehicles Act, inserted by the Motor Vehicles (Amendment) Act, 2019, deals with penalty for contravention of regulations under Section 118. As per Section 177A, whoever contravenes the regulations made under Section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees. Section 182A of the Motor Vehicles Act, inserted by the Motor Vehicles (Amendment) Act, 2019 deals with punishment for offenses relating to construction, maintenance, sale and alteration of motor vehicles and components. Section 182A of the Motor Vehicles Act, inserted by the Motor Vehicles (Amendment) Act, 2019 deals with punishment for offenses relating to construction, maintenance, sale and alteration of motor vehicles and components. As per sub-section (4) of Section 182A, whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both. 68. In Principal, Sabari PTB Smaraka H.S.S. this Court held that, in view of the provisions of the Motor Vehicles Act, 1988, as amended by the Motor Vehicles (Amendment) Act, 2019, stringent action has to be taken against a person who drives or causes or allows to be driven in any public place a motor vehicle, which violates the standard prescribed in relation to road safety. Stringent action has to be taken against every motor vehicle, including stage carriages, contract carriages, educational institution buses, which are used in any public place without installing the lighting, light-signalling devices and also retro-reflectors specified in AIS-008 (installation requirements of lighting and light-signalling devices for motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle); AIS-009 (Installation requirements of lighting and light-signalling devices for two and three wheeler, its trailer and semi-trailer); and AIS-030 (installation requirements for lighting and light-signalling devices for agricultural tractor), conforming to the individual specifications for such lighting, light-signalling devices and retro-reflectors, namely, number, position, width, height, length, geometric visibility, orientation, etc. Similarly, no motor vehicle, which is installed with lighting, light-signaling devices or retro-reflectors other than those specified in AIS-008; AIS-009; and AIS-030 shall be permitted to be used in any public place. Use of a motor vehicle in any public place, in violation of the safety standards prescribed for lighting, light-signalling devices and also retro-reflectors will attract penal consequences under subsection (2) of Section 190 of the Motor Vehicles Act. Use of a motor vehicle in any public place, in violation of the safety standards prescribed for lighting, light-signalling devices and also retro-reflectors will attract penal consequences under subsection (2) of Section 190 of the Motor Vehicles Act. In view of the amended provisions of Section 200, read with sub-section (4) of Section 206, a police officer or other person authorised in this behalf by the State Government shall seize the driving licence of the driver of such motor vehicles, who has committed an offence under Section 190 of the Act and forward it to the Licensing Authority for disqualification or revocation proceedings under Section 19 of the Motor Vehicles Act. 69. As already noticed, as per sub-rule (1) of Rule 92 of the Central Motor Vehicles Rules, no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of Chapter V. As per clause (a) of sub-rule (1) of Rule 105, a motor vehicle other than three-wheelers, three-wheeled invalid carriages and motorcycles shall have two or four head lamps. As per clause (i) of sub-rule (2) of Rule 105, every motor vehicle other than a three-wheeler shall carry two rear lamps showing to the rear a red light visible in the rear from a distance of one hundred and fifty-five metres. As per sub-rule (7) of Rule 105, every motor vehicle manufactured on and from 18.03.1999 shall be fitted with at least one lamp which shall automatically be operated, throwing a white light to the rear, when the vehicle is being driven in the reverse gear. As per Rule 109, every construction equipment vehicle, combine harvester and every motor vehicle other than motorcycles and three-wheeled invalid carriages shall be provided with one white or amber parking light on each side in the front. In addition to the front lights, two red parking lights one on each side in the rear shall be provided. The front and rear parking lights shall remain lit even when the vehicle is kept stationary on the road. As per the first proviso to Rule 109, these rear lamps can be the same as the rear lamps referred to in sub-rule (2) of Rule 105. The front and rear parking lights shall remain lit even when the vehicle is kept stationary on the road. As per the first proviso to Rule 109, these rear lamps can be the same as the rear lamps referred to in sub-rule (2) of Rule 105. As per Rule 111, no spot light or search light shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of the registering authority. 70. As per Para.2.7.9 of AIS-008:2001, ‘main-beam headlamp’ is the lamp used to illuminate the road over a long distance ahead of the vehicle. As per Para.2.7.10, ‘dippedbeam headlamp’ is the lamp used to illuminate the road ahead of the vehicle without causing undue dazzle or discomfort to oncoming drivers and other road users. As per Para.2.7.22, ‘parking lamp’ is the lamp used to draw attention to the presence of a stationary vehicle in a built-up area. In such circumstances, it replaces the front and rear position lamps. 71. As per the mandate of Para.5.1 of AIS-008:2001, only those lighting and light-signalling devices referred to in Para.6.0 shall be permitted to be installed on motor vehicles. As per Para.5.9 of AIS-008, in the absence of specific requirements, no lamps other than direction indicator lamps and the hazard-warning signal and amber side-marker lamps complying with Para.6.18.7, shall be flashing lamps. As per Para.5.16.1, the number of lamps mounted on the vehicle should be equal to the number(s) specified in each of Para.6.1. to Para.6.20. 72. The document placed on record as Ext.P13 series are diagrams showing back view (rear view), section view, front view, side view, etc. of the motor caravan built by the additional 4th respondent, on the cowl and chassis covered by Ext.P1 sale certificate. The diagrams showing the front view and back view (rear view) are extracted hereunder; IMAGE 73. As seen from the said diagrams and also the colour photographs of the motor caravan placed on record along with the report filed by the 1st respondent Joint Regional Transport Officer, after conducting an inspection on 31.12.2019, the vehicle is fitted with four head lamps, two on each side. In addition to this, a similar sized lamp is fitted on each side as parking lamp. Two front direction indicators and two lamps below the head lamp cluster, as fog lamps, are also fitted on the front side. In addition to this, a similar sized lamp is fitted on each side as parking lamp. Two front direction indicators and two lamps below the head lamp cluster, as fog lamps, are also fitted on the front side. On the rear side, the vehicle is having four rear stop lamps, two each on either side, two reverse lamps and two direction indicators. Two rear parking lamps surrounded by reflector are fitted on the rear bumper, on either side. 74. As already noticed, use of a motor vehicle in any public place, in violation of the safety standards prescribed for lighting, light-signalling devices and also retro-reflectors will attract penal consequences under sub-section (2) of Section 190 of the Motor Vehicles Act. A motor vehicle governed by AIS-008:2014, which is not installed with lighting and light-signalling devices and also retro-reflectors referred to in Para.6.0, conforming to the individual specifications for such lighting and light-signalling devices and also for retroW. reflectors prescribed in Paras.6.1 to 6.20, namely, number, position, width, height, length, geometric visibility, orientation, etc. cannot be treated a vehicle that complies with the provisions of the Motor Vehicles Act and the Rules made thereunder. As per the mandate of mandate of Para.5.16.1 of AIS-008:2014, the number of lamps mounted on the vehicle should be equal to the number specified in each of Para.6.1. to Para.6.20. A motor vehicle governed by AIS-008:2014, which is installed with lighting and light-signalling devices or retroreflectors other than those referred to in Para.6.0, shall not be permitted to be registered by any Registering Authorities in the State and the use of any such vehicles in any public place has to be prevented by the Enforcement Officers in the State Motor Vehicles Department, since the use of such vehicles in a public place is likely to endanger the safety of other road users. The 2nd respondent Transport Commissioner shall take necessary steps, within one month from the date of receipt of a certified copy of this judgment, to ensure strict compliance of the above directions. 75. Now, the petitioner has made Ext.P19 application before the 1st respondent Registering Authority for registration of the vehicle built on the cowl and chassis covered by Ext.P1 sale certificate, as MPMV - Mobile Clinic. The learned Special Government Pleader, on instructions, would submit that no body code is applicable for mobile clinic. 76. 75. Now, the petitioner has made Ext.P19 application before the 1st respondent Registering Authority for registration of the vehicle built on the cowl and chassis covered by Ext.P1 sale certificate, as MPMV - Mobile Clinic. The learned Special Government Pleader, on instructions, would submit that no body code is applicable for mobile clinic. 76. As per clause (g) of sub-rule (1) of Rule 47 of the Central Motor Vehicles Rules, an application for registration of a motor vehicle made in Form 20 to the Registering Authority shall be accompanied by road-worthiness certificate in Form 22 from the manufacturer, Form 22-A from the body builder, in case no body code is applicable. In Form 22-A Part II the body builder has to certify that the body of the vehicle has been fabricated by them and the same complies with the provisions of the Motor Vehicles Act and the Rules made thereunder. As already noticed, a motor vehicle governed by AIS-008:2014, which is not installed with lighting and light-signalling devices and also retro-reflectors referred to in Para.6.0, conforming to the individual specifications for such lighting and light-signalling devices and also for retro-reflectors prescribed in Paras.6.1 to 6.20, namely, number, position, width, height, length, geometric visibility, orientation, etc. cannot be treated a vehicle that complies with the provisions of the Motor Vehicles Act and the Rules made thereunder. 77. The petitioner shall produce the vehicle built on the cowl and chassis covered by Ext.P1 sale certificate, for inspection before the 1st respondent Registering Authority, after complying with the provisions of the Motor Vehicles Act and the Rules made thereunder and also the safety standards prescribed in AIS-008:2014, and after providing fixtures and facilities for a mobile clinic, as per the applicable norms, within two weeks from the date of receipt of a certified copy of this judgment. In case Ext.P19 application made by the petitioner is in order and accompanied by road-worthiness certificate in Form 22 from the manufacturer, Form 22-A from the body builder, etc. In case Ext.P19 application made by the petitioner is in order and accompanied by road-worthiness certificate in Form 22 from the manufacturer, Form 22-A from the body builder, etc. and the vehicle meets the provisions of the Motor Vehicles Act and the Rules made thereunder and also the safety standards prescribed in AIS-008:2014, and provided with fixtures and facilities for a mobile clinic, as per the applicable norms, the 1st respondent Registering Authority shall consider that application and pass appropriate orders thereon, taking note of the law laid down in this decision, as expeditiously as possible, at any rate, within a further period of one month. 78. As held by the Apex Court in State of U.P. v. Harish Chandra [ (1996) 9 SCC 309 ] no mandamus can be issued to direct the Government to refrain from enforcing the provisions of law or to do something which is contrary to law. Therefore, the direction contained in this judgment is to act strictly in accordance with law. This writ petition is disposed of as above.