Kerala High Court orders crackdown on modified vehicles, vloggers taking videos from inside moving vehicles

The Kerala High Court has ordered strict action against illegally modified vehicles as well as vloggers seen taking videos from the driver's cabin of such modified vehicles while the vehicle is moving [Suo Motu v State of Kerala & Ors.].In a May 31 order, Justices Anil K Narendran and Harisankar V Menon observed that vloggers who record videos from inside the driver's cabin of a moving vehicle should face action under the Motor Vehicles Act of 1988, as they are disrupting the driver’s concentration and endangering road users.The Court also noted that owner responsible for illegally modifying a vehicle should be visited with a fine of ₹5,000 per alteration under the Motor Vehicles Act.Among other directions, the Court has now ordered the Kerala Motor Vehicle Department's Enforcement Officers to gather videos uploaded online on platforms such as YouTube, which showcase extensively modified vehicles by owners and vloggers, so that further action may be taken. .The order was passed in a suo motu case, wherein the Court also dealt with the issue of vehicles modified with unauthorized lights and exhaust systems that emit excessive light, smoke and noise. These modifications violated the safety standards outlined in AIS-008 and contributed to air and noise pollution, the Court noted. In October last year, the Court had determined that vehicles violating safety standards should be prosecuted under Section 190(2) (punishment for violating standards prescribed to road safety, control of noise and air-pollution) of the Motor Vehicles Act, 1988. It had also directed the State Police and Enforcement Officers to take strict action against owners, drivers, and vloggers promoting modified vehicles on YouTube and other online media.Despite these instructions, the Court found that such altered vehicles continue to be used publicly, posing significant safety risks..When the matter was heard last Friday (May 31), the Special Government Pleader informed the Court about a YouTuber, 'Sanju Techy,' who drove a vehicle with a makeshift swimming pool inside his car and released water onto public roads dangerously. The YouTuber and the car's driver and owner have now been booked by the Motor Vehicles Department, the Court was told. The Court proceeded to request a detailed report from the Regional Transport Office regarding the incident and a preliminary report from the Transport Commissioner on how such modified vehicles were allowed on the road. .The Court also observed that even though it had issued several warnings, altered vehicles and unsafe driving practices continued to persist in public places. It has, therefore, now issued a series of directions which call on the State authorities to take strict action against any violators, including the following:Drivers using heavily modified vehicles illegally will be punished under Section 190(2) of the Motor Vehicles Act, and they should be disqualified from holding a driver's licence for three months. Owners of modified vehicles will face a fine of ₹5,000 per alteration.The registration certificates of extensively modified vehicles threatening passenger and road user safety will be canceled or suspended.Transport Commissioner should proceed against owners who have extensively altered carnet vehicles (a vehicle temporarily imported into a country under the "Carnet de Passages en Douane" system) and used them in public places. The authorities should also deal with the use of modified carnet vehicles in events like auto shows.Enforcement officers should collect videos of modified vehicles uploaded online by owners and vloggers, and proceed against them under Section 190(2) of the Motor Vehicles Act.Vloggers recording inside driver cabins, while the vehicle is moving will face penalties for distracting driver and endangering the safety of other road safety..The Court ordered the Transport Commissioner and State Police Chief to ensure strict compliance of these directions and scheduled the matter for further hearing on June 7, 2024..Senior Government Pleader S Rajmohan represented the State.Special Government Pleader P Santosh Kumar represented the Kerala State Road Transport Corporation..[Read Order]