Those given to roaring through Kerala roads on modified motorcycles may soon be asking for trouble. The Kerala High Court on Tuesday directed the State government to ask Motor Vehicle Inspectors to take stringent action against motorcycle owners who have customised their vehicles.
Justice V. Chitambaresh issued the directive while disposing of a writ petition filed by M.C. Francis of Kochi against the police retaining the registration certificate of his vehicle during a vehicle check. His vehicle was intercepted after it was found fitted with a silencer, which produced a “harsh, heavy shell noise” causing sound pollution, and its original handle bar replaced by a non-standard one.
The court observed that it had become the fashion to customise motorcycles to suit the whims of buyers by removing silencers, mudguards and even the sari guard. Though done in a bid to add glamour to the vehicles, this often poses danger to the public, the court observed.
The Judge said any violation of Section 52 of the Motor Vehicles Act, like removal of silencer or mudguard, shall be viewed seriously and appropriate action taken under the Act. The court pointed out that Motor Vehicles Rule120(2) had specified that every motor vehicles shall be constructed and maintained so as to conform to the noise standards specified under the Environment (Protection) Rules 1986.
The court added that shorter handle bars could not be permitted as the very equilibrium of the vehicle was affected. Owners could not be permitted to remove the vital parts of the vehicles in order to enhance its beauty.
Theatre seating with a heavy slant not prescribed by the manufacturer and removal of the handle of the pillion riders would throw him/her into the air at the slightest jerk. The removal of the handle of the pillion rider or sari guard should not be allowed and standard glare-free headlight shall not be permitted to be replaced by a glittering one. It was time the Motor Vehicles Department as well as the police ensured standardisation of vehicle so customised, the court said.
Any violation of Section 52 of the Motor Vehicles Act, like removal of silencers, shall be viewed seriously and appropriate action taken.
Motor Vehicles Department and police told to ensure standardisation of customised vehicles.
