The Supreme Court of India, via a decide bench, has simply neglected a Kerala High Court judgment, which had ruled that ‘structural alteration’ of a car was permissible.
The Supreme Court has now ruled that any change of the car that varies with the manufacturer’s authentic specification (as mentioned in the Registration Certificate) is illegal.
Here is what the Supreme Court’s Decision was:
In our considered opinion the Division Bench in the impugned judgment of the High Court of Kerala has failed to give effect to the provisions contained in section 52(1) and has emphasized only on the Rules. As such, the decision rendered by the Division Bench cannot be said to be laying down the law correctly. The Rules are subservient to the provisions of the Act and particulars in certificate of registration can also be changed except to the extent of the entries made in the same as per the specifications originally made by the manufacturer. Circular No.7/2006 is also to be read in that spirit. Authorities to act accordingly.
According to the Supreme Court’s judgment, even adjustments which include wider tires, larger alloy wheels and louder horns (which deviate from the producer’s specs) isn’t always a felony.
This will have extensive ramifications for the car change/accessories enterprise if regulation enforcement businesses begin imposing the court docket’s judgment seriously.
However, it’s in all likelihood to take a while before the authorities notify state shipping departments approximately the Supreme Court judgment. Once that happens, it stays to be seen how correctly the delivery departments and law enforcement machinery of various states cope with changed motors.
Once the transport branch and site visitors police departments turn out to be privy to the Supreme Court judgment, humans enhancing their motors may additionally get into trouble with the regulation.
The car and motorbike accent industry in India is quite big. So, there’s a danger that accessory makers and car modifiers lobby with the government and get the motor automobiles to act amended to permit a positive degree of an amendment. If and when this occurs, mild modifications can also nonetheless be permissible.
This will allow accent makers to be in the enterprise at the same time as ensuring that changed vehicles don’t cross overboard with hazardous modifications. Regulation is the important thing, and we hope that the Government wakes as much as the Supreme Court judgment and makes vital changes.
