Kochi: A remark by Kerala Chief Minister VD Satheesan on vehicle modification has recently gone viral nationwide, but legally permitting structural changes to vehicles continues to face significant challenges.

Neither the Motor Vehicles Act nor the rulings of the Supreme Court and High Courts favour youth preferences regarding vehicle modifications. The courts have repeatedly made it clear that no relaxation is permitted that compromises road safety and environmental standards. The Motor Vehicles Act, 1988, under Section 52, states that no structural modification beyond what is permitted by the manufacturer is allowed.

A Supreme Court ruling in 2019, which set aside a Kerala High Court Division Bench judgment that had allowed modifications under Kerala Motor Vehicles Rules, is considered crucial in this matter.

Earlier, the High Court had even ordered the removal of an additional headlight fitted on a double-decker KSRTC bus introduced for tourists in Munnar. Legal experts question how such modifications can be permitted despite these rulings. Advocate and KSRTC standing counsel Deepu Thankan noted that vehicle modifications can also lead to insurance claim rejections in the event of accidents.

Supreme Court ruling in 2019

In a petition challenging a 2006 circular issued by the Kerala Transport Commissioner that restricted modifications, the Kerala High Court Division Bench had initially issued a favourable order. However, in the appeal filed by the Motor Vehicles Department, the Supreme Court ruled against such modifications. The court held that rules framed by a state cannot override Section 52 of the Central Motor Vehicles Act. Following this, the Supreme Court set aside the Kerala High Court Division Bench order.

Prototype testing

Vehicles imported from abroad and those manufactured domestically undergo prototype testing under central agencies before being allowed on roads. The law states that once such certification is complete, further modifications to the vehicle are not permitted.