Vehicles fitted with multi-colored LED/Neon lights not eligible for fitness certificate under Motor Vehicles Act: Kerala High Court

The Kerala High Court recently held that vehicles fitted with multi-coloured LED/laser/neon lights or flash lights, cannot be treated as vehicles that comply with the provisions of the Motor Vehicles (MV) laws for the purpose of granting a certificate of fitness [Anoop KA & Anr. v. State of Kerala & Ors.]..Single-judge Justice Anil K Narendran noted that such vehicles pose a potential threat to the safety of other vehicles and their drivers, pedestrians and other road users. "Therefore, vehicles which are fitted with after-market multi-colored LED/laser/neon lights, flash lights, as seen in the screenshots reproduced hereinbefore, which are being used in a public place, openly flouting the safety standards prescribed in AIS008, 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, have to be dealt with in an appropriate manner, strictly in accordance with the law. Such goods vehicles cannot be treated as vehicles which comply with the provisions of the Motor Vehicles Act and the Rules made thereunder, for the purpose of grant of certificate of fitness," the Court said. Therefore, the Court ordered that in addition to the penal consequences under MV laws, a further fine of ₹5,000 must be imposed per alteration in a vehicle. "In addition to the penal consequences provided in the statutory provisions referred to hereinbefore, the owner of the vehicle has to be imposed with a fine of ₹5,000 per such alteration; i.e. ₹5,000 for each after-market multi-coloured LED/laser/neon lights, flash lights," the order said. .The judge was considering a contempt of court case filed by the President and Secretary respectively of All Kerala Truck Owners Association under provisions of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India, for wilful disobedience of the directions contained in the judgment of the High Court in Anoop KA and another v. State of Kerala and others.In the said judgment, this Court had directed the State Government and the State Transport Commissioner to take necessary steps to ensure strict implementation of the Road Safety Policy and also the provisions under the Motor Vehicles Act and the Motor Vehicles (Driving) Regulations, 2017.The Court had then kept the case open for in order to consider other issues that may arise and to ensure the safety of the most vulnerable road users such as pedestrians, cyclists, children, elderly persons and differently-abled persons.When the case came up for consideration recently, the Court directed that proceedings for suspension/cancellation of the certificate of registration/permit shall be initiated in accordance with law against goods vehicles carrying overload, without valid fitness certificate, and goods vehicles involved in repeated offences of carrying overload..The matter will be heard next on May 31..[Read Order]