SUO MOTU v. UNION OF INDIA, REP. BY THE SECRETARY, NEW DELHI
2024-10-04
ANIL K.NARENDRAN, P.G.AJITHKUMAR
body2024
DigiLaw.ai
ORDER : 1. This writ petition is registered suo motu based on the order of this Court dated 09.07.2024 in SSCR No. 30 of 2023, regarding the use of contract carriages and stage carriages in public places openly flouting the safety standards prescribed in AIS-008 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicle having more than Three Wheels including Quadricycles, Trailer and Semi-Trailer excluding Agricultural Tractors - and even AIS-052 - Code of Practice for Bus Body Design and Approval - posing a threat to the safety of other road users; the use of motor vehicles fitted with exhaust systems emitting fumes and loud sound, wide tyres protruding out of wheel arches/mudguards, etc. posing a potential threat to the safety of its passengers and other road users; recording of videos inside the driver cabin of contract carriages and other vehicles, while the vehicle is moving, thereby disturbing the concentration of the driver while driving; uploading videos by the vloggers on ‘YouTube’ and other online platforms promoting such unauthorised alterations and use of such vehicles in public places, etc. 2. By the order dated 12.07.2024, the 4th respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, and the 5th respondent State Police Chief, through the District Police Chief of the respective districts, are directed take necessary steps to ensure that motor vehicles which violate the standards prescribed in relation to road safety, control of noise and air pollution, which are posing a serious threat to the safety of its passengers and other road users, are not used in public places and to take stern action against such vehicles. 3. The additional 6th respondent in this writ petition is the registered owner of a contract carriage bearing Registration No. KL-10/BJ-9897, who has been issued with Ext.R6(a) show cause notice dated 04.07.2024 by the Motor Vehicles Inspector, Regional Transport Officer (E), Malappuram, under Section 53(1) of the Motor Vehicles Act, 1988.
3. The additional 6th respondent in this writ petition is the registered owner of a contract carriage bearing Registration No. KL-10/BJ-9897, who has been issued with Ext.R6(a) show cause notice dated 04.07.2024 by the Motor Vehicles Inspector, Regional Transport Officer (E), Malappuram, under Section 53(1) of the Motor Vehicles Act, 1988. Alterations made to the electrical wiring kit (in violation of the safety standards in AIS-052 - Code of Practice for Bus Body Design and Approval) for fitting unauthorised lights (in violation of the safety standards in AIS-008 - Installation Requirements of Lighting and Light Signalling Devices for Motor Vehicles having more than Three Wheels, including Quadricycles, Trailor and Semi-Trailor, excluding Agricultural Tractor), pasting of stickers on the front windshield (in violation of the provisions contained in Rule 278 of the Kerala Motor Vehicles Rules, 1989) and disabling the Vehicle Location Tracking Device (VLTD) fitted in the contract carriage are the violation of the safety standards noted in Ext.R6(c) show cause notice. 4. In the order dated 13.09.2024, this Court noticed that, as evident from the photographs extracted at paragraph 7 of that order, even after removing unauthorised lights and other fittings, contract carriage bearing Registration No. KL-10/BJ-9897 is fitted with unauthorised LED lights on the front bumper. Lights in excess of the number prescribed in AIS-008 are fitted on the bus body, driver cabin and passenger compartment. The lights fitted in the passenger compartment and driver cabin are in violation of the safety standards contained in AIS-052 regarding ‘driver cabin lighting’ and ‘passenger compartment lighting’. Despite the directions contained in various orders of this Court, the concerned Enforcement Officer in the Motor Vehicles Department has not initiated prosecution against the owner and driver of that contract carriage, under sub-section (2) of Section 190 of the Motor Vehicles Act, for using such a vehicle in a public place. By the order dated 13.09.2024, this Court directed the learned Special Government Pleader to get instructions from the 4th respondent Transport Commissioner on the failure of the Enforcement Officers in the Motor Vehicles Department in preventing the use of such contract carriages in a public place, posing a threat to the safety of its passengers and also other road users. 5.
5. Heard the learned Central Government Counsel for the 1st respondent, the learned Special Government Pleader for respondents 2 to 4, the learned Senior Government Pleader for the 5th respondent and the learned counsel for the additional 6th respondent. 6. The Motor Vehicles Act, 1988 was enacted by the Parliament to consolidate and amend the law relating to motor vehicles, namely, the Motor Vehicles Act, 1939 to take into account, inter alia, the need for encouraging the adoption of higher technology in the automotive sector; laying down standards for the components and parts of motor vehicles; concern for road safety standards and pollution control measures, standards for the transportation of hazardous and explosive materials; etc. 6.1. Section 56 of the Motor Vehicles Act deals with certification of fitness of transport vehicles. As per sub-section (1) of Section 56, subject to the provisions of Section 59 and Section 60, a transport vehicle shall not be deemed to be validly registered for the purposes of Section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of the Act and the Rules made thereunder. As per the first proviso to sub-section (1) of Section 56, where the prescribed authority or the authorised testing station refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. As per the second proviso to sub-section (1) of Section 56, inserted by Section 23(i) of the Motor Vehicles (Amendment) Act, 2019, no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station. 6.2. As per sub-section (2) of Section 56 of the Motor Vehicles Act, substituted by Section 23(ii) of the Motor Vehicles (Amendment) Act, 2019, with effect from 01.04.2021, the ‘authorised testing station’ referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.
As per sub-section (3) of Section 56, subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of the Act. 6.3. As per sub-section (4) of Section 56 of the Motor Vehicles Act, the prescribed authority may, for reasons to be recorded in writing, cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of the Act and the Rules made thereunder and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained. As per the first proviso to sub-section (4) of Section 56, substituted by Section 23(iii) of the Motor Vehicles (Amendment) Act, 2019, no such cancellation shall be made by the prescribed authority unless, (a) such prescribed authority holds such technical qualification as may be prescribed by the Central Government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification and (b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled. As per the second proviso to sub-section (4) of Section 56, if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority. As per subsection (6) of Section 56, inserted by Section 23(iv) of the Motor Vehicles (Amendment) Act, 2019, all transport vehicles with a valid certificate of fitness issued under this Section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. 6.4.
As per subsection (6) of Section 56, inserted by Section 23(iv) of the Motor Vehicles (Amendment) Act, 2019, all transport vehicles with a valid certificate of fitness issued under this Section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. 6.4. In Usha Nanthini M. v. Secretary, Regional Transport Authority, 2018 (2) KHC 89 , a decision rendered by one among us [Anil K. Narendran, J], it was held that a transport vehicle which is registered under Section 39 of the Motor Vehicles Act can be driven or plied on the road only if it possesses a valid fitness certificate. If it is not having a valid fitness certificate, it shall be deemed to be an unregistered motor vehicle. Further, the certificate of fitness issued under Section 56 of the Motor Vehicles Act in respect of a transport vehicle is liable to be cancelled at any time, for reasons to be recorded in writing, if the prescribed authority is satisfied that the vehicle to which it relates no longer complies with all the requirements of the Act and the Rules made thereunder. 6.5. Chapter VII of the Motor Vehicles Act deals with the construction, equipment and maintenance of motor vehicles. Section 109 of the Act deals with general provisions regarding the construction and maintenance of vehicles; Section 110 deals with the power of the Central Government to make rules; and Section 111 deals with the power of the State Government to make rules. 7. The Central Motor Vehicles Rules, 1989, made by the Central Government in the exercise of its rule-making power under the relevant provisions of the Motor Vehicles Act, was published vide notification dated 02.06.1989. Rule 62 of the Central Motor Vehicles Rules deals with validity of certificate of fitness. As per sub-rule (1) of Rule 62, a certificate of fitness in respect of a transport vehicle granted under Section 56 shall be in Form 38 and such certificate, when granted or renewed, shall be valid for a period of two years in the case of a new transport vehicle. Renewal of certificate of fitness in respect of a transport vehicle shall be valid for two years for vehicles up to eight years old and one year for vehicles older than eight years.
Renewal of certificate of fitness in respect of a transport vehicle shall be valid for two years for vehicles up to eight years old and one year for vehicles older than eight years. As per the first proviso to sub-rule (1) of Rule 62, the renewal of a fitness certificate shall be made only after an Inspecting Officer or authorised testing stations as referred to in sub-section (1) of Section 56 of the Act has carried the tests specified in the Table given below the first proviso to sub-rule (1). The certificate of fitness of a transport vehicle issued in Form No. 38 contains a certification by the inspecting authority or the authorised testing station that the vehicle complies with the provisions of the Motor Vehicles Act and the Rules made thereunder. 7.1. Rule 62 of the Central Motor Vehicles Rules provides for checking the condition of spark plug/suppressor cap/high tension cable, headlamp beams, other lights, reflectors, bulbs, rearview mirror, safety glass, horn, silencer, dashboard equipment, windshield wiper, exhaust emission, braking system, speedometer and steering gear, rear under run protecting device (for N2, N3, T3 and T4 category), lateral side protection device (for N2, N3, T3 and T4 category), FASTag, etc. Rule 62 provides for checking the functioning of all the aforesaid items except the reflectors, bulbs, rearview mirror, safety glasses, exhaust emission, rear under run protecting device, lateral side protection device and FASTag. Rule 62 provides for checking the make/rating, etc. of spark plug/suppressor cap/high tension cable, bulbs and safety glass as per original equipment recommendations. As per the remarks column of the Table, the beam focus of headlamp beams has to be checked as per Annexure-VII. While checking other lights it has to be ensured that unauthorised lights are not fitted; while checking reflectors it has to be ensured that the colour of reflectors and reflective tapes are as per Rule 104; while checking bulbs it has to be ensured that headlight bulbs wattage, especially halogen, is not higher than those indicated in IS 1606-1993 and also that halogen bulbs with P45t caps are not used in all vehicles; while checking safety glasses it has to be ensured that laminated windscreen glass is used for vehicles manufactured from April, 1996 onwards; etc. 7.2.
7.2. As per the third proviso to sub-rule (1) of Rule 62, inserted by G.S.R. 1096(E) dated 28.11.2016, with effect from 28.11.2016, if the tests specified in the Table under the first proviso are conducted by an Inspecting Officer or authorised testing station in a State/Union Territory other than the State/Union Territory where the vehicle is registered, the Inspecting Officer who conducted the tests shall, on the same day or on the following working day, upload his inspection report in Form 38A at the portal http://parivahan.gov.in/vahan and also send the inspection report signed under his hand and seal to the registering authority by speed post for issue of certificate of fitness by the registering authority within fifteen days from the date of the inspection report, if the vehicle is found by the Inspecting Officer to be in compliance with the provisions of the Act and rules and a copy shall be given to the driver of the vehicle. 7.3. 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). As per sub-rule (2) of Rule 92, substituted by G.S.R. 870(E) dated 13.09.2018, whenever a part, component, or assembly is compliant with the international standard namely, EEC or ECE or Japanese, in lieu of the standard notified in the rules, the compliance of such part, component or assembly shall be deemed to be established for the purpose of Rules 124 and 126, by a certificate of compliance for the relevant standard issued by an authorised agency or accredited certifying agency. As per sub-rule (4) of Rule 92, inserted by G.S.R. 935(E) dated 18.12.2019, the manufacturers who are affixing microdot identifiers in the motor vehicles and their parts, components, assemblies, sub-assemblies shall conform to Automotive Industry Standard (AIS-155) as amended from time to time. 7.4.
As per sub-rule (4) of Rule 92, inserted by G.S.R. 935(E) dated 18.12.2019, the manufacturers who are affixing microdot identifiers in the motor vehicles and their parts, components, assemblies, sub-assemblies shall conform to Automotive Industry Standard (AIS-155) as amended from time to time. 7.4. Rule 102 of the Central Motor Vehicles Rules deals with signalling devices, direction indicators 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 harvesters, 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. As per sub-rule (3) of Rule 102, one year from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, the stop-lamp of every motorcycle shall be so designed and fitted that it will light up on actuation of any of the controls which actuate the brakes on any wheel. 7.5. Rule 104 of the Central Motor Vehicles Rules deals with fitment of reflectors.
7.5. 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 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 (v) of the proviso to sub-rule (1) deal with fitment of reflectors in respect of vehicle of Categories N1, N2, N3, M2, M3 and three wheeled vehicles including e-rickshaw and e-cart. As per sub-rule (3) of Rule 104, all trailers including semi-trailers, other than those drawn by three wheeled tractors shall be fitted with reflex reflectors provided in clauses (i) to (iii). As per sub-rule (4) of Rule 104, substituted vide G.S.R. 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. 7.6. 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 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), 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 headlamps.
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 headlamps. As per clause (i) of sub-rule (2), every such 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 headlamps 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 headlamps 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 headlamps 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. 7.7. Rule 106 of the Central Motor Vehicles Rules provides for deflection of lights. As per sub-rule (1) of Rule 106, substituted by the Central Motor Vehicles (6th Amendment) Rules, 2014, which came into force with effect from 24.04.2014, 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. 7.8.
7.8. Rule 107 of the Central Motor Vehicles Rules deals with top lights. As per Rule 107, every goods vehicle including trailer and semi-trailer other than three-wheelers and vehicles with overall width not exceeding 2.1 metres shall be fitted with two white lights at the top right and left corners showing white light to the front and two red lights at the top at the rear showing red light to the rear. The lights shall remain lit when the vehicle is kept stationary on the road during night and at the time of poor visibility. As per the proviso to Rule 107, in the case of goods carriage without a full body in the rear, provision for fitting of the top light at the rear shall not be necessary. 7.9. Rule 108 of the Central Motor Vehicles Rules deals with use of red, white or blue light. As per sub-rule (1) of Rule 108, no motor vehicle shall show a red light to the front or light other than red to rear. As per the proviso to sub-rule (1) of Rule 108, the provisions of this rule shall not apply to the internal lighting of the vehicle [clause (i)]; or the amber light, if displayed by any direction indicator or as top light used on vehicle for operating within the premises such as airports, ports, mines and project sites, without going outside the said premises on to public roads [clause (ii)]; the blinker type of red light with purple glass fitted to an ambulance van used for carrying patients or the warning lamps fitted on Road Ambulance in accordance with Annexure I of AIS-125 (Part-1)-2014 [clause (iv)]; white light illuminating the rear number plate [clause (vi)]; white light used while reversing [clause (vii)]; plough light provided in agricultural tractors for illuminating the implement's working area on the ground in agricultural field operations [clause (viii)]. As per sub-rule (4) of Rule 108, use of multi-coloured red, blue and white light shall be permitted only on vehicles specifically designated for such emergency and disaster management duties as may be specified by the Central Government.
As per sub-rule (4) of Rule 108, use of multi-coloured red, blue and white light shall be permitted only on vehicles specifically designated for such emergency and disaster management duties as may be specified by the Central Government. As per sub-rule (6) of Rule 108, on and after the 1st April, 2018, the top lights (warning lamps) fitted on Road Ambulances shall be in accordance with AIS:125 (Part 1)-2014, as amended from time to time, for all types of ambulances specified therein, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. 7.10. 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. 7.11. Rule 110 of the Central Motor Vehicles Rules deals with lamps on three-wheelers. Rule 111 of the Central Motor Vehicles Rules, which deals with prohibition of spotlights, etc. provides that no spotlight or searchlight shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of the registering authority. 7.12. Rule 124 of the Central Motor Vehicles Rules deals with safety standards of components.
Rule 111 of the Central Motor Vehicles Rules, which deals with prohibition of spotlights, etc. provides that no spotlight or searchlight shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of the registering authority. 7.12. 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 sub-assembly 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 case of compliance with notified Indian Standards from any 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 the 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 Table below 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. 7.13. In Avishek Goenka v. Union of India, (2012) 5 SCC 321 : 2012 (2) KHC 394 , 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 said 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.
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 vehicles 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. 7.14. In Saji K.M. v. Deputy Transport Commissioner, 2019 (3) KHC 836 : 2019 SCC Online Ker 2047, a decision rendered by one among us [Anil K. Narendran, J.],after referring to the law laid down by the Apex Court in Avishek Goenka (2012) 5 SCC 321 , it was 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 headlamps 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 IS: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 the 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. 8. AIS-008 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicles having more than three wheels, Trailers and Semi-Trailers excluding Agricultural Tractors and Special Purpose Vehicles - 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 vehicles having more than three wheels, trailer and semi-trailer, as a safety requirement. Serial No. 1(i) vehicle 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.
Serial No. 1(i) vehicle 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. AIS-034/2004 deals with Automotive Industry Standards (for brevity ‘AIS’) 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 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicles having more than three wheels, Trailers and Semi-Trailers excluding Agricultural Tractors and Special Purpose Vehicles; 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 Tractors. 8.1. Para-1.0 of AIS-008 deals with its scope. Para-2.0 of AIS-008 deals with definitions. 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. As per Para-5.9, 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. Para-6.0 deals with individual specifications of lamps, namely, number, position, width, height, length, geometric visibility, orientation, etc. Para-5.16 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-6.3 to Para-6.20 of AIS-008 deal with individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of various lamps and retro-reflectors. 8.2.
Para-5.16 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-6.3 to Para-6.20 of AIS-008 deal with individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of various lamps and retro-reflectors. 8.2. 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 vehicles, 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. 8.3. In Principal, Sabari PTB Smaraka H.S.S. v. Additional Registering Authority, 2020 (2) KHC SN 9 : (2020) 2 KLJ 662 : 2019 SCC Online Ker 7998, a decision rendered by one among us [Anil K. Narendran, J.] it was noticed that AIS-008 deals with every minute detail of installation of lighting, light-signalling devices and retro-reflectors for a 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 tractors and special purpose vehicle motor vehicles have been specifically provided for in AIS-008. Therefore, 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. A combined reading of the definition clauses and the individual specifications, namely, the number, position, width, height, length, geometric visibility, orientation, etc. of those lighting, light-signalling devices and also the 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 a motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractors and special purpose vehicles. 8.4. In Principal, Sabari PTB Smaraka H.S.S. 2020 (2) KHC SN 9, it was noticed that the individual specifications, namely, the 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 of motor vehicles 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, a ‘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. 8.5. The 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 is likely to endanger the safety of other road users.
8.5. The 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 is likely to endanger the safety of other road users. 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. 9. 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 G.S.R. 634(E) dated 23.06.2017. Regulation 3, which deals with duty towards other road users and general public, provides that 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. 9.1. Regulation 5 of the Motor Vehicles (Driving) Regulations deals with duties of drivers and riders. As per sub-regulation (3) of Regulation 5, the driver shall at all times maintain a good lookout and concentrate on the road and traffic and avoid any activity which distract or is likely to distract his attention. As per sub-regulation (4) of Regulation 5, the driver and the riders shall take special care and precautions to ensure the safety of the most vulnerable road users, such as pedestrians, cyclists, children, the elderly and the differently-abled persons. As per sub-regulation (5) of Regulation 5, the driver shall ensure that his vehicle, while moving or when stationary, does not cause any hindrance or undue inconvenience to other road users or to the occupants of any properties. As per sub-regulation (6) of Regulation 5, the driver shall ensure that his view is not obstructed and his hearing is not impaired by passengers, animals, load, equipment in the vehicle or by the conditions of the vehicle.
As per sub-regulation (6) of Regulation 5, the driver shall ensure that his view is not obstructed and his hearing is not impaired by passengers, animals, load, equipment in the vehicle or by the conditions of the vehicle. Sub-regulation (10) of Regulation 5 mandates that the driver shall ensure that loud music is not played in the vehicle. Sub-Regulation (11) of Regulation 5 provides further that the driver shall not watch digital motion pictures or videos while driving, except were required for route navigation. 9.2. Regulation 26 of the Motor Vehicles (Driving) Regulations, which deals with bar on traffic impairment, provides that unless validly permitted by the competent authority under the Act or the rules made thereunder, no driver shall (i) offer goods or services of any kind on the road; or (ii) display any advertisement on the vehicle. Regulation 31 deals with vehicles 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) of Regulation 31, 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) of Regulation 31, 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) of Regulation 31, 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 headlamps. 9.3. In W.P. (C) No. 295 of 2012 filed under Article 32 of the Constitution of India, by a public-spirited citizen, seeking enforcement of road safety norms and appropriate treatment of accident victims, the Apex Court constituted a ‘Committee on Road Safety’ vide its order dated 22.04.2014, and notified by the Ministry of Road Transport and Highways, Government of India, on 30.05.2014. In the said writ petition the Apex Court delivered a judgment dated 30.11.2017 - S. Rajaseekaran v. Union of India, (2018) 13 SCC 516 .
In the said writ petition the Apex Court delivered a judgment dated 30.11.2017 - S. Rajaseekaran v. Union of India, (2018) 13 SCC 516 . In the said decision, the Apex Court observed that all States and Union Territories are expected to implement the Road Safety Policy with due earnestness and seriousness. The responsibility and functions of the Road Safety Council, constituted in terms of Section 215 of the Motor Vehicles Act will be as recommended by the Committee on Road Safety constituted as per the order dated 22.04.2014 and Road Safety Councils should periodically review the laws and take appropriate remedial steps whenever necessary. In paragraph 94.13 of the said decision, in the context of Lane Driving, the Apex Court held that the Ministry of Road Transport and Highways has already issued the Motor Vehicles (Driving) Regulations, 2017, vide G.S.R. 634 (E) dated 23.06.2017, which should be implemented by the State Governments and Union Territories strictly. Paragraphs 94.1 to 94.25 of the said decision contain various directions issued by the Apex Court. In paragraph 95, the Apex Court has made it clear that if there is any doubt or clarity is required in implementing those directions, the State Government or Union Territory concerned is at liberty to move the Committee on Road Safety. 10. As per sub-rule (1) of Rule 125C of the Central Motor Vehicles Rules, on and after the dates specified in the said rule, the testing and approval for body building of new models of buses with seating capacity of 13 or more passengers excluding driver shall be in accordance with AIS-052 (Rev.1) 2008 as amended from time to time, for vehicles mentioned therein, till corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. As per the proviso to sub-rule (1) of Rule 125C, the provision of this rule shall be implemented in two phases. In the first phase, the provisions of AIS-052 (Rev.1) 2008, excluding the parameters and requirements given in Table-1 below, shall be applicable on and after 1st day of January, 2017. In the second phase, the provisions of AIS-052 (Rev.1) 2008, as amended from time to time, and the parameters and requirements given in Table-1 below, shall be applicable on and after 1st day of January, 2018. 11.
In the second phase, the provisions of AIS-052 (Rev.1) 2008, as amended from time to time, and the parameters and requirements given in Table-1 below, shall be applicable on and after 1st day of January, 2018. 11. AIS-052 - Code of Practice for Bus Body Design and Approval - Chapter 1 of AIS-052 (Rev.1) 2008 deals with scope and definitions of the Code of Practice for Bus Body Design and Approval. As per Para 1.1.49, ‘cab lamp’ or ‘courtesy lamp’ fitted in the driver cabin above the head of the driver is for lighting up the dashboard area and the inside driver cabin, which is meant for operation while the bus is stationary. As per Para 1.1.55, ‘passenger area lamps’ provided in the passenger compartment are to light up the passenger area and assist the passenger in identifying objects and reading the printed matter. 11.1. Chapter 4 of AIS-052 deals with lighting and illumination. As per Para 4.1.1.1, external lighting and light signalling devices of the bus shall comply with the rules laid down under the Central Motor Vehicles Rules, 1989, and as amended from time to time. As per Para 4.1.1.2, all lighting and light-signalling devices shall be type-approved. As per Para 4.1.2.1, internal lighting and light-signalling devices shall provide adequate illumination inside the bus for the safe operation by the driver and the passengers, during darkness and other conditions of reduced visibility. The position of the illumination devices is provided in Para 4.1.2.2 and the type of bulbs for lamp assemblies is provided in Para 4.1.2.3. Para 4.1.2.4.1.2 deals with driver cabin lighting. Cab lamps or courtesy lamps, locker lamps and electrical distribution lamps fall under this category. Similarly, Para 4.1.2.4.1.3 deals with passenger compartment lighting. Exit lamps and passenger area lamps fall under this category. The ‘luminous flex’ of the lamps provided in the driver cabin and passenger compartment is provided in Para 4.1.2.4.1.2.3 and 4.1.2.4.1.3.3 of AIS-052. Para 4.1.2.4.1.3.2 makes it explicitly clear that the lighting devices used for the passenger area should ensure the reading of signages inside the passenger area and other important signs like emergency signs. The illumination should light up handles, latches, norms, roads, hand-holds, etc. facilitating easy access to passengers. The illumination should be adequate for reading printed matter by the passenger. Para 4.2 of AIS-052 deals with type approval.
The illumination should light up handles, latches, norms, roads, hand-holds, etc. facilitating easy access to passengers. The illumination should be adequate for reading printed matter by the passenger. Para 4.2 of AIS-052 deals with type approval. As per Para 4.2.1, the lighting and light signalling devices fitted in buses shall be type approved for performance as well as installation requirements as notified under the Central Motor Vehicles Rules, 1989, and as amended from time to time. As per Para 4.2.2, all the above information shall be incorporated in the technical specification submitted for the type approval. 11.2. Chapter 5 of AIS-052 deals with electrical equipment and wiring. Para 5.1 deals with electrical cables and Para 5.4 deals with safety requirements. As per Para 5.4.2, additional circuits shall not draw current more than that specified by the manufacturer. As per Para 5.4.4, no circuit provided by the vehicle manufacturer or type approved shall be modified. Para 5.5 deals with batteries. As per Para 5.5.2, the battery compartment shall be separated from the passenger compartment and if provided in the driver’s compartment, it shall be covered and well ventilated. Para 5.6 deals with electrical wiring and circuits. As per Para 5.6.1, the circuit diagram of the bus provided by OE vehicle manufacturer shall not be tampered. Chapter 6 of AIS-052 deals with test methods, which includes body structure strength test, roll over test on a body section, seat requirements for driver/co-driver seat and passenger seat, electrical conductor test, etc. Para 6.9 deals with test methods for illumination. As per Para 6.9.1.2, for measurements of illumination as per Para 4.1.2.4.1.2.3 (driver cabin lighting) and Para 4.1.2.4.1.3.3 (passenger compartment lighting) a lux meter shall be employed. After switching on the individual lighting devices, in the installed condition, the lux meter shall be placed at the location specified in Para 4.1.2.4.1.2.3 and Para 4.1.2.4.1.3.3 and then lux values shall be noted. These lux values shall fall within the prescribed limits. Para 6.9.2 deals with test methods of cabin lighting and Para 6.9.3 deals with test methods for passenger area lighting. 11.3. Chapter 7 of AIS-052 deals with type approval and conformity of production (COP) procedure. Para 7.1. of AIS-052 deals with scope. As per Para 7.1.1, the type approval procedure specified in this code is applicable to buses with a seating capacity of 13 passengers or above.
11.3. Chapter 7 of AIS-052 deals with type approval and conformity of production (COP) procedure. Para 7.1. of AIS-052 deals with scope. As per Para 7.1.1, the type approval procedure specified in this code is applicable to buses with a seating capacity of 13 passengers or above. As per para7.1.3, the system for approval of prototype (Rule 126) and conformity to production (Rule 126A) to comply with provisions with respect to the safety, strength and technical requirements specified in the bus body building code shall be based on the standards notified from time to time. Para-7.2 deals with the procedure for type approval. 11.4. Para 7.8 of AIS-052 deals with accreditation of bus body builders. As per Para 7.8.1, all bus body building units shall be accredited by agencies notified by the Government. The accredited bus body building units shall meet the type approval requirements specified in Para 7.2. Para 7.9 deals with non-conformity of production. As per Para 7.9.1, the accreditation granted to the bus body building unit may be suspended or withdrawn in case of non-conformity as per notified procedures for facility accreditation of bus body builders, by the Ministry of Road Transport and Highways. 12. The contract carriage owned by the additional 6th respondent bearing Registration No. KL-10/BJ-9897 is governed by the Safety Standards in AIS-052 - Code of Practice for Bus Body Design and Approval. In the order dated 13.09.2024, this Court noticed the alterations made to the electrical wiring kit of the contract carriage (in violation of the safety standards in AIS-052 - Code of Practice for Bus Body Design and Approval) for fitting unauthorised lights which are capable of dazzling the drivers of the oncoming vehicle, pedestrians and other road users (in violation of the safety standards in AIS-008) and the pasting of stickers on the front windshield of the contract carriage causing obstruction to the clear vision of the driver to the front (in violation of the provisions contained in Rule 278 of the Kerala Motor Vehicles Rules, 1989). A few photographs of the exterior body, driver cabin and passenger compartment of contract carriage bearing Registration No. KL-10/BJ-9897, taken at the time of inspection by the Enforcement Officers in the Motor Vehicles Department, which were extracted in paragraph 6 of the order dated 13.09.2024, are extracted hereunder: 13.
A few photographs of the exterior body, driver cabin and passenger compartment of contract carriage bearing Registration No. KL-10/BJ-9897, taken at the time of inspection by the Enforcement Officers in the Motor Vehicles Department, which were extracted in paragraph 6 of the order dated 13.09.2024, are extracted hereunder: 13. A few photographs of the contract carriage bearing Registration No. KL-10/BJ-9897 taken, after the additional 6th respondent removed certain unauthorised lights and other fittings, are produced as Ext.R6(g) along with I.A. No. 6 of 2024 filed for accepting additional documents. The said photographs are extracted hereunder: 14. As evident from the photographs extracted hereinbefore, even after the removal of certain unauthorized lights and other fittings, the contract carriage bearing Registration No. KL-10/BJ-9897, owned by the additional 6th respondent, has unauthorised LED lights fitted on the front bumper, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users. The said vehicle is fitted with unauthorised LED lights on the top, above the level of the windshield, and on the side view mirrors. LED side-marker lamps fitted on the side body (above the level of wheel arches and above the level of the running board) are also capable of dazzling other road users. The number of lights on the ‘tail lamp cluster’ exceeds the number of lamps as per the specifications of AIS-008. The said vehicle is not fitted with a lamp with white light to illuminate the whole of the registration mark exhibited on the rear side. 15. In view of the provisions under Para-5.16.1 of AIS-008, the number of lamps mounted on the vehicle should be equal to the numbers specified in each of Para-6.1. to Para-6.20. Para-6.3 to Para-6.20 deal with individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of various lamps and retro-reflectors.
15. In view of the provisions under Para-5.16.1 of AIS-008, the number of lamps mounted on the vehicle should be equal to the numbers specified in each of Para-6.1. to Para-6.20. Para-6.3 to Para-6.20 deal with individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. of various lamps and retro-reflectors. As already noticed, 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, or 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, since the use of such a motor vehicle in a public place without complying with the safety standards in AIS-008 is likely to endanger the safety of other road users. As per Para 4.1.1.1 of AIS-052, external lighting and light signalling devices of the bus shall comply with the rules laid down under the Central Motor Vehicles Rules, 1989, and as amended from time to time. In view of the provisions contained in Para 4.1.1.2 of AIS-052, all lighting and light-signalling devices shall be type-approved. 16. In view of the provisions contained in AIS-052, ‘cab lamp’ or ‘courtesy lamp’ fitted in the driver cabin above the head of the driver is for lighting up the dashboard area and the inside driver cabin, which is meant for operation while the bus is stationary [Para 1.1.49]. Similarly, ‘passenger area lamps’ provided in the passenger compartment are for lighting up the passenger area and assist the passenger in identifying objects and reading the printed matter [Para 1.1.55]. The ‘luminous flex’ of the lamps provided in the driver cabin and passenger compartment is provided in Para 4.1.2.4.1.2.3 and 4.1.2.4.1.3.3 of AIS-052. The lighting and light signalling devices fitted in buses shall be type approved for performance as well as installation requirements as notified under the Central Motor Vehicles Rules, 1989, and as amended from time to time [Para 4.2.1]. 17. In view of the provisions contained in Para 6.9.1.2 of AIS-052, for measurements of illumination as per Para 4.1.2.4.1.2.3 (driver cabin lighting) and Para 4.1.2.4.1.3.3 (passenger compartment lighting), a lux meter shall be employed.
17. In view of the provisions contained in Para 6.9.1.2 of AIS-052, for measurements of illumination as per Para 4.1.2.4.1.2.3 (driver cabin lighting) and Para 4.1.2.4.1.3.3 (passenger compartment lighting), a lux meter shall be employed. After switching on the individual lighting devices, in the installed condition, the lux meter shall be placed at the location specified in Para 4.1.2.4.1.2.3 and Para 4.1.2.4.1.3.3 and then lux values shall be noted. These lux values shall fall within the prescribed limits. The test methods for ‘cabin lighting’ and for ‘passenger area lighting’ are provided under Para 6.9.2 and Para 6.9.3 respectively. 18. The ‘driver cabin’ or ‘passenger compartment’ of a contract carriage or stage carriage governed by AIS-052 cannot be fitted with unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc. flouting the safety standards contained in AIS-052, in order to convert the passenger compartment as a dancing floor. A contract carriage or stage carriage, which is fitted with unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc. in the ‘driver cabin’ or ‘passenger compartment’, flouting the safety standards contained in AIS-052, cannot be treated as a vehicle which complies with the provisions of the Motor Vehicles Act and the rules made thereunder, for the purpose of grant of certificate of fitness. 19. In view of the provisions contained in Para 7.8.1 of AIS-052, the accredited bus body building units shall meet the type approval requirements specified in Para 7.2. The accreditation granted to the bus body building unit is liable to be suspended or withdrawn in case of non-conformity, by the Ministry of Road Transport and Highways, as per notified procedures for facility accreditation of bus body builders, in view of the provisions contained in Para 7.9.1. 20. Section 182A of the Motor Vehicles Act, inserted by the Motor Vehicles (Amendment) Act, 2019, deals with punishment for offences relating to the 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 a fine of five thousand rupees per such alteration or with both. 21.
21. Section 190 of the Motor Vehicles Act, as substituted by Section 72 of the Motor Vehicles (Amendment) Act, 2019, deals with using vehicle in unsafe condition. As per sub-section (2) of Section 190, any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air - pollution, shall be punishable for the first offence with imprisonment for a term which may extend to three months, or with a fine with may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months and for any second or subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. 22. As per sub-section (4) of Section 206 of the Motor Vehicles Act, inserted by Section 88 of the Motor Vehicles (Amendment) Act, 2019, a police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of Section 183, Section 184, Section 185, Section 189, Section 190, Section 194C, Section 194D, or Section 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under Section 19. 23. A contract carriage or stage carriage governed by AIS-008 and AIS-052, which is fitted with unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc. i the ‘exterior body’ or ‘driver cabin’ or ‘passenger compartment’, flouting the safety standards contained in AIS-008 or AIS-052, cannot be treated as a vehicle which complies with the provisions of Chapter V of the Motor Vehicles Act (which deals with construction, equipment and maintenance of motor vehicles) and the rules made thereunder, for the purpose of grant of certificate of fitness.
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. In view of the prohibition contained in sub-rule (1) of Rule 92 of the Central Motor Vehicle Rules, no person shall use or cause or allow to be used in any public place a contract carriage or stage carriage flouting the safety standards contained in AIS-008 or AIS-052. In addition to the penal consequences provided in the Motor Vehicles Act, the owner of such a vehicle has to be imposed with a fine of Rs.5,000/- per such alteration; i.e. Rs.5,000/- for each unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc. fitted on the ‘exterior body’ or ‘driver cabin’ and ‘passenger compartment’ in view of the provisions contained in sub-section (4) of Section 182A of the Motor Vehicles Act, read with S.R.O. No. 788/2019 published in the Kerala Gazette Extraordinary No. 2577 dated 26.10.2019. 24. In the order dated 13.09.2024, this Court noticed that instead of imposing a fine of Rs.5,000/- per each alteration, i.e. Rs.5,000/- for each unauthorised multi-coloured LED lights, neon lights, laser lights, flashlights, etc. as provided under sub-section (4) of Section 182A of the Motor Vehicles Act, read with SRO No. 788/2012 published in the Kerala Gazette Extra Ordinary No. 2577 dated 26.10.2019, the additional 6th respondent has been imposed with a fine of Rs.5,500/-, as stated in paragraph 7 of the affidavit filed in support of I.A. No. 1 of 2024.
as provided under sub-section (4) of Section 182A of the Motor Vehicles Act, read with SRO No. 788/2012 published in the Kerala Gazette Extra Ordinary No. 2577 dated 26.10.2019, the additional 6th respondent has been imposed with a fine of Rs.5,500/-, as stated in paragraph 7 of the affidavit filed in support of I.A. No. 1 of 2024. The alterations made to the electrical wiring kit of the contract carriage (in violation of the safety standards in AIS-052 - Code of Practice for Bus Body Design and Approval) for fitting unauthorised lights (in violation of the safety standards in AIS-008), which are capable of dazzling the drivers of the oncoming vehicle, pedestrians and other road users; pasting of stickers on the front windshield of the contract carriage causing obstruction to the clear vision of the driver to the front (in violation of the provisions contained in Rule 278 of the Kerala Motor Vehicles Rules, 1989); and disabling Vehicle Location Tracking Device fitted in the contract carriage are the violation of the safety standards noted in Ext.R6(c) show cause notice issued to the additional 6th respondent, invoking the provisions under Section 55(3) of the Motor Vehicles Act, 1988, for cancellation of the Certificate of Registration of the contract carriage. 25. The learned Central Government Counsel would submit that the order of this Court dated 13.09.2024 has already been communicated to the 1st respondent and instructions from the Ministry of Road Transport and Highways, with specific reference to Para 7.9.1 of AIS-052 referred to in paragraph 15 of that order, which deals with the power of the Ministry to suspend or withdraw the accreditation granted to the body building unit in case of non-conformity of production, are awaited. 26. The learned Special Government Pleader seeks time on behalf of the 4th respondent Transport Commissioner to obtain a report from the concerned Enforcement Officer in the Motor Vehicles Department, in terms of the directions contained in the order dated 13.09.2024, on the violation of safety standards in AIS-052 and AIS-008, in contract carriage bearing Registration No. KL-10/BJ-9897, which is owned by the additional 6th respondent. 27. List on 16.10.2024 for the report of the concerned Enforcement Officer.