Automotive modification in India legal or illegal

Planning to get your car or Bike modified?

image:- rajputanacustom

The Motor Vehicle Act restricts modifications in India.

According to the law, it is illegal to modify structure or color of a vehicle.

Altering the structure reduces the strength of the vehicle and it can cause serious injuries to the occupants or riders during an accident. To make the modifications legal, owners have to get the new modified parts approved by the ARAI (Automotive Research Authority of India) and get an endorsed registration certificate.

State Police, especially from Kerala and Karnataka have started a crackdown on modified motorcycles.

Cops are even stopping and issuing challans to bikes that have aftermarket loud exhausts. In many cases, cops have removed such modified exhausts and have crushed them in front of the owners. Such crackdowns have become pretty common in Kerala and Karnataka but the people in other states are not facing any such issues, yet!

Everyone of us have either did or would have at least thought of modifying/customizing our bike, our car as per your preferences and to make it look above the rest. However when I woke up on 10th January, my dreams of modifying my Royal Enfield Thunderbird shattered after reading the headlines "You can't paint or modify your bike, car! It's against the law". Newspapers are filled with such headlines after the Supreme Court reversed the judgement of Division Bench of Kerala High Court that allowed structural alterations in accordance with Kerala Motor Vehicles Rules, 1989.

After reading the headlines and abridged report, I went on to read to everything on the subject to have a better clarity on whether this is a blanket ban on each and every modifications or there are certain regulations surpassing which could lead to illegality of the modification.

Can you legally modify a motorcycles?

Yes, but it’s a long process. You can get it approved by ARAI and then get it entered on the Registration Certificate, which is a very tedious and long process. Another way is to add features that do not interfere with the structure of the motorcycle. For example, you can add auxiliary lamps and a remote locking system but you cannot add a performance sprocket or change the handlebar of the motorcycle.

Also, you can change color of the bike by adding a vinyl but repainting the vehicle to a different color is again illegal and has to be endorsed on the RC by the local RTO. As these strict rules restrict the creativity of modifying houses, there should be new rules that help such modifiers in India. Customization is a big marketplace in many international countries.

If India can regulate the modifications and put a simpler process of getting the modifications approved, it will go a long way towards enhancing the automotive culture of the country.

image:- rajputanacustom

Supreme Court: Altering Car/Bike Is Not Legal

A bench of Justices Arun Mishra and Vineet Saran has given a verdict that no car or bike can be allowed to be altered in India.

This verdict came after a divisional bench in Kerala had permitted altering cars and bikes, under Kerala Motor Vehicle Rules, 1989.

Overturning this Kerala Court order, Supreme Court said, “No vehicle can be altered so as to change original specification made by manufacturer. Such particulars cannot be altered which have been specified by the manufacturer for the purpose of entry in the certificate of registration,”

Actually, under the Motor Vehicle Act of India, such alterations and modifications are not allowed to happen. But for long, this law was ignored and sidelined. This Act has been amended now, and the new Act also mentions this fact, very clearly.

How often have you thought about altering your car or bike and make it more ‘swanky’? You must have made a plan or maybe altered silencer or exhaust system or changed the color of the outer body.

Don’t do it!

Supreme Court has ordered that any alteration or modification done in the car or bike is illegal and can attract heavy penalty.

What does it imply?

Simply put, modifications such as wider tyres, bigger alloy wheels and louder horns (which deviate from the manufacturer’s specifications) is not legal. Here’s what the judgment says about altering the tyres -"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".

However, there are some changes you can do in your vehicles, as the court said that the primary focus of section 52(1) is not to alter the original specifications by the manufacturer.

What can be modified in a vehicle?

While this can have wide ramifications for the car modification/accessories industry, owners of the vehicle need not worry much. Here’s what can be changed in a vehicle.

1) You can change the colour of the vehicle as the SC has said that changing the color of the vehicle depending on the customer’s will not deter a vehicle from getting registered.

2) Minor fitments that door protectors, decals, rain guard can be added.

3) One can change the tyres in affordable cars as the manufacturers usually offer different spec tyres for base and top variant. (E.g.) Maruti Suzuki Swift Lxi comes with 160 section tyre while the Zxi comes with a 180 section tyre. So a Lxi owner can opt for 180 section tyre, as the vehicle is the same.

4) The engine can be changed, but it requires prior permission from the RTO. If the protocols are not followed, the vehicle’s registration can be cancelled.

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