Modified car lovers alert! Here is a must-know ruling from Supreme Court
The court set aside a division bench judgment of the Kerala High Court which had said that structural alteration was permissible as per the provisions of the Kerala Motor Vehicle Rules, 1989.
The Supreme Court has ruled that no motor vehicle can now be altered to change original specification, made by the manufacturer, that has been used for the purpose of its registration. The top judicial body said this while referring to an amended provision of the Motor Vehicles Act. The apex court observed that its "clear intent" was that a vehicle cannot be altered so much so that particulars contained in the certificate of registration are at variance with those 'originally specified by the manufacturer'.
The Supreme Court bench, comprising Justices Arun Mishra and Vineet Saran, directed, "No vehicle can be altered so as to change original specification made by the manufacturer." The bench further said that "Such particulars cannot be altered which have been specified by the manufacturer for the purpose of entry in the certificate of registration."
According to the provision of the Motor Vehicles Act, 'alteration' means a change in structure of a vehicle which results in the change in its basic feature, said a PTI report on Wednesday.
The court set aside a division bench judgment of the Kerala High Court which had said that structural alteration was permissible as per the provisions of the Kerala Motor Vehicle Rules, 1989.
Referring to the amendment made in a provision of the Motor Vehicles Act, the court said it was "amended with the purpose to prohibit alteration of vehicles in any manner including change of tyres of higher capacity, keeping in view road safety and protection of the environment".
The apex court further observed that amended provision has specified the extent to which the vehicle cannot be altered.
The Supreme Court only considered the sole question of permissible alteration to motor vehicles in the view of the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989 and Kerala Motor Vehicles Rules, 1989.ntral Motor Vehicles Rules, 1989 and Kerala Motor Vehicles Rules, 1989.
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