Kerala High court bans modification of bikes

Modifications play a crucial role in the automobile industry today with a huge number of buyers opting for a number of modifications ranging from interior to exterior, aesthetical to performance based mods, and much more. The folks in Kerala though, won’t be able to enjoy the privilege of making their two wheelers stand out from the crowd as the Kerala High court has banned modification of bikes and scooters.

Also read: Another motorcycle seized : What happens when you modify a machine against the law

The High Court, on the 1st of March asked the Motor Vehicles Department as well as the police to take action against people who indulge in any kinds of modification work – especially aftermarket exhausts that emit a loud exhaust note which is more than the prescribed limits* and affects the other road users. Justice V Chitambaresh, issued the directive on a petition filed by a man named Francis M C who had modified his Royal Enfield by changing the handlebar as well as the exhaust. The owner was said to have fitted his motorcycle with aftermarket accessories and had later sought to overturn a report issued to him with regard to violations of the Motor Vehicles Act, 1988.

The court further held that the standard handlebars should not be replaced with an aftermarket handlebar as it can affect the stability of the vehicle. The court went on to add points such as a bike without a mudguard would splash dirt on the rider as well as the passerby’s whereas theatre sitting would flout the norms prescribed by the manufacturer. With the handle for the pillion removed, it could throw him off the bike in case of instability. Another point was the removal of the saree guard whose removal should not be permitted. Also, the standard headlight should not be replaced with headlights of higher output or flashing headlights.

“Thunderous noise emanating from motorcycles deafens the ears and also poses a serious health hazard, especially to the ailing and aged commuters on the road. The sound level has to be brought down to the decibel limits prescribed under the Environment (Protection) Rules, 1986 in order to abate the sound pollution.” Read the judgment.

*According to the 1986 rules, the stipulated noise limit for motorcycles and scooters in 80 decibels and any vehicle found producing more than the stipulated limit would be liable for legal action. This test though, was not applied during the aforementioned case.

The judgment is one of a kind and probably the first in India. If followed on a strict basis, it could set an example for other states in the country to implement it which in-turn, would also hit the aftermarkets part of the auto industry.

Source: Times Of India