Satheesan’s response to question on vehicle modification goes viral: Here is why it is a big deal in Kerala

NEWLY appointed Kerala Chief Minister VD Satheesan held his first press conference on Monday, hours after assuming office and holding the first meeting of his cabinet.

While the announcement of free journeys in KSRTC buses for women, the setting up of a new department for the elderly, and an increase in the payment to Asha workers made the most headlines, vehicle enthusiasts in the state also got something to cheer about.

Kerala CM on allowing vehicle modifications

The CM responded with a smile and nodding gesture to a question about allowing vehicle modifications.

“We promised to legalise it. It was the demand of a lot of youths, and it will be done,” Satheesan said.

What UDF's manifesto said

During the election campaign, too, Satheesan had promised that if the UDF was elected to power, the new government would allow ‘safe’ modifications of vehicles. The UDF’s election manifesto had also promised the same.

According to UDF's election manifesto, safe modifications, those that do not compromise road safety, noise, or pollution standards, would be allowed.

Acknowledging the passion of vehicle enthusiasts, Satheesan had said that modification, in itself, should not be treated as a crime.

MVD's crackdown on vehicle modifications

This is in stark contrast to the previous, CPI-M-led LDF government, under which the Kerala Motor Vehicles Department (MVD) enforced a strict crackdown on vehicle modifications.

Even minor alterations, including lights and horns, attracted a penalty of a minimum of ₹5,000, while installing modified exhausts attracted a fine of up to ₹10,000.

Under Section 52 of the Motor Vehicles Act, repeat violations would also result in doubled penalties, suspension of the Registration Certificate (RC), and seizure of the vehicle.

The Kerala High Court had also directed the MVD to strictly penalise illegal alterations and to deny fitness certificates to non-compliant vehicles.

What previous Transport Minister said

KB Gansesh Kumar, who held the Transport portfolio in the previous LDF government, had rubbished Satheesan's promises and pointed out that rules for vehicle modifications were laid out in the central law and not the state.

What Motor Vehicle Act says

According to Section 52 of the Central Motor Vehicle Act (1988), no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer.

However, minor modifications that do not change the basic identity or structural integrity of the vehicle, such as minor cosmetic changes, colour repainting, or changing to a different fuel/battery system, are permitted if the vehicle owner has obtained the approval of the registering authority to make such an alteration.

What Supreme Court said

In 2019, the Supreme Court, in a landmark ruling, banned structural alterations that change the original specifications certified by the manufacturer. The court ruled that vehicles cannot be registered if they undergo fundamental structural modifications to their body, chassis, or engine.

The Supreme Court also said that the provisions and restrictions under the central legislation supersede any conflicting or lenient state-specific rules.