Court mandates mandatory uploading of vehicle modification details with photographs and videos on e-DAR portal; highlights dangers of high-intensity lights, wide tyres, flame-kit exhausts, and performance-altering changes under Motor Vehicles Act provisions
In a significant judgment dated October 9, 2026, the Kerala High Court (Division Bench comprising Justices Anil K. Narendran and Muralee Krishna S.) has taken stern action to curb unauthorized vehicle modifications that compromise road safety. The Court directed stringent compliance by Transport and Police authorities to ensure detailed documentation and penal action against such violations, especially for vehicles involved in accidents.
The Court's suo motu writ petition (W.P.(C) No. 25158 of 2024) focused on the rampant use of unauthorized vehicle alterations such as high-intensity lights, multi-colored LEDs, strobe lights, wide tyres, wheel spacers, and aftermarket flame-kit exhaust systems, which pose grave hazards to other road users. Observing that these modifications cause temporary visual disorientation, dazzling oncoming drivers and pedestrians, and increase the risk and severity of bodily injuries in collisions, the Court emphasized adherence to statutory safety standards.
Key directives include:
1. Mandatory Uploading on e-DAR Portal: The Transport Commissioner was ordered to ensure through Deputy Transport Commissioners that all inspecting officers upload vehicle modification details, along with color photographs and videos, on the e-DAR (Electronic Detailed Accident Report) portal for every vehicle involved in an accident. This includes any unauthorized alterations that elevate safety risks or injury severity during collisions.
2. Penal Consequences Under Motor Vehicles Act: Vehicles fitted with unauthorized high-intensity lights, red-blue strobe lights, tri-color fog lamps, wide tyres projecting beyond the vehicle body, wheel spacers, flame-kit exhausts, and illegal braking system modifications attract penalties under Section 182A(4) of the Motor Vehicles Act, 1988. The Court imposed a fine of Rs. 5,000 per unauthorized alteration.
3. Attention to Automotive Industry Standards (AIS): The Court referred to AIS-120, AIS-147, and AIS-093 standards that regulate external vehicle projections to minimize injuries to pedestrians, cyclists, and motorcyclists. It underscored that external vehicle surfaces should not have pointed or sharp projections or parts likely to catch on persons, highlighting the minutiae of these safety norms.
4. Addressing Technical Issues: While the e-DAR portal provides fields for uploading modification data and media, a technical glitch prevents photographs from appearing on printed reports. The Court directed the Transport Commissioner to coordinate with the National Informatics Centre (NIC) for prompt rectification and also requested NIC to enable photo-upload facilities on the VAHAN portal used for fitness certificate inspections.
5. Police Compliance: The Kerala State Police Chief was instructed to enforce strict adherence by police personnel to the Court's directions to protect pedestrians and other road users.
The judgment arose from the Court's observations of various promotional and user-uploaded videos on YouTube showing vehicles blatantly flouting Central Motor Vehicles Rules and AIS safety standards. These vehicles featured glaring violations such as unauthorized auxiliary lights mounted above headlight levels, multi-function rear lights replacing mandatory reflectors, dangerously wide tyres causing lateral wheel projections, and flame-emitting exhaust systems storing petrol tanks inside luggage compartments.
The Court's orders form part of a series of progressive rulings issued since November 2025 aimed at improving road safety through better regulation of vehicle modifications and stricter enforcement of existing laws. It also impleaded the Deputy Director General of NIC as a party to ensure technical support for the mandated digital reporting.
This judgment sends a strong message to vehicle owners, automobile accessory vendors, enforcement authorities, and the general public about the legal consequences of unauthorized vehicle alterations that endanger lives on the road.
Bottom Line:
Motor Vehicles Act, 1988 - Road safety - Kerala High Court directed strict uploading on e-DAR portal of vehicle modification details, photographs and videos of accident-involved vehicles, including unauthorised alterations violating safety standards - Court also emphasised that dangerous external projections, dazzling lights, wide tyres, wheel spacers, flame-kit exhausts and brake/performance modifications endangering road users attract action, including under Section 182A(4) of the Motor Vehicles Act.
Statutory provision(s): Motor Vehicles Act, 1988 Section 182A(4), Central Motor Vehicles Rules, 1989 Rule 96, AIS-120, AIS-147, AIS-093
Suo Motu v. Union of India, (Kerala)(DB) : Law Finder Doc Id # 2997312
