CM’s promise on vehicle modification in Kerala raises many doubts
Barring Gen Z, not many in Kerala had heard of the term ‘pookie’ until May 14. By nightfall, though, social media was awash with memes
Barring Gen Z, not many in Kerala had heard of the term ‘pookie’ until May 14. By nightfall, though, social media was awash with memes and hashtags, celebrating V.D. Satheesan’s ‘pookie face,’ a playful grin, at his first press conference as Chief Minister-designate. A social media term till then only popular with Gen Z to express love and adoration, became the talking point across the State, cutting across all age groups. Satheesan broke into his now-viral “pookie” face — as if to say it would be taken care of — in response to a YouTuber’s poser on whether he would honour his promise on vehicle modifications. In the run-up to the recent Assembly election, his assurance that modifications not compromising safety would be permitted if the United Democratic Front came to power was an instant hit with automobile enthusiasts. “If promised, it will be delivered. That is what we are here for; to fulfil promises,” he said, further reinforcing his commitment. Enter the memes However, nearly three weeks later, on June 4, another wave of memes swept across social media, this time mocking a list of 18 vehicle modifications published by the Motor Vehicle Department (MVD) that could be carried out without prior permission. The list includes hardly any modifications but accessories already in widespread use — featured seat covers, floor mats and steering wheel covers. Then there were the chrome garnishes, door visors, mud flaps, non-obscene body stickers and ambient interior lighting. Dashcams, reverse cameras, parking sensors, GPS trackers, Android infotainment systems, additional speakers, tyre pressure monitoring systems, tow hooks (provided they did not exceed the overall dimensions of the vehicle), roof carriers for personal luggage within prescribed size limits, and sun films on side windows with a minimum visibility of 50% completed the list drawn up by the department, for the consideration of the State government. Gen Z and automobile enthusiasts were obviously not impressed. “I didn’t know that I was already driving around a modified car,” read a sarcastic Facebook post by Aneesh Panthalani, State president of Progressive Techies, a collective of IT professionals. “It was a just a promise to impress the youth during the election campaign and is unlikely to be met. The MVD’s list of permissible alterations has proved it,” he says. Centre’s approval mandatory However, the MVD officials clarify that it was not a proposal for fresh permissible alterations, as had been widely perceived.
With discussions on vehicle modifications already in circulation, the department had merely codified existing permissible practices as part of laying the groundwork, explains State Transport Commissioner C.H. Nagaraju. He did, however, acknowledge that any changes to the Central Motor Vehicle Rules (CMVR) require the Centre’s approval and must be incorporated at the manufacturing stage itself. For instance, about a decade ago the Centre made crash guards mandatory for heavy vehicles. But these were not to be fitted at random; manufacturers themselves had to integrate them into that category of vehicles and obtain a Type Approval Certificate from government-accredited testing agencies such as the Automotive Research Association of India and the International Centre for Automotive Technology. The same principle applies to every vehicle component, which must be designed in compliance with safety parameters. Every major accident is studied from three perspectives — driver, environment, and vehicle behaviour — based on which safety features are continually added to vehicles, he notes. “Only Parliament has the legislative authority to amend the Central Motor Vehicle Act (CMVA) and Rules. No State government can alter it. The promise was not merely populist but also deceptive, as it conceals the legal impediments of a State government on a matter governed by a Central statute. Even insurance companies can object to accident claims involving modified vehicles, citing that such modifications violate standard norms,” observes lawyer Kaleeswaram Raj. Minister stays non-committal Transport Minister C.P. John has remained non-committal to the media on the promised modifications. While the idea was to permit non-dangerous alterations for a fee, he noted that no discussion had taken place at the ministerial level. His predecessor, K. B. Ganesh Kumar, however, had ridiculed the promise when it was first made. Neither Satheesan nor his leader Rahul Gandhi could allow vehicle alterations by relaxing the Central law, he had mocked. “If Kerala is to legalise modifications for motor sports and 4×4 vehicles, the emphasis should be on permitting alterations that enhance safety, durability, recovery capability, and off-road functionality without creating risks for other road users. Such modifications are permitted outside India,” suggests Sam Kurian Kalarikkal, a Kottayam-based automobile enthusiast. “Motor sports ought to be as a diversion for the youth from drugs. Instead, the MVD even slaps fines on modified vehicles transported on flatbeds (open trucks) to dedicated tracks on private properties for off-road events that pose no public safety challenges.
These vehicles also prove invaluable in accessing difficult terrains during calamities such as floods,” says Sam, who founded one of the first online communities of off-road users in south India and is engaged in restoring vintage cars. Sky is the limit for modifications For connoisseurs with deep pockets, the sky seems the limit when it comes to modifications. Installation of high-beam lamps, excessive suspension lifts that raise ground clearance, oversized wheels protruding beyond the vehicle body, winches (heavy-duty mechanical pulling devices attached to the front or rear bumper), snorkels (external air intake pipes extending over the vehicle roof), and loud or modified exhaust systems are among the alterations routinely intercepted during enforcement drives in the State. There are even dedicated firms catering to such modifications, alongside specialists who focus exclusively on select alterations. One sought-after modifier, for instance, specialises in exhaust systems crafted entirely by hand. He attends to only one vehicle at a time, with services available strictly by appointment rather than on a drive-in basis. Recently, he modified the exhaust of a hatchback for ₹70,000. “What I do are classy modifications of the entire exhaust system, unlike some others who merely tinker with the muffler, use a single component of the exhaust, to produce loud, stuttering noise that brings disrepute to people like me,” says the youngster, who runs his firm in Kochi city limits, but declines to be named for fear of being targeted by enforcement officials. Sree Shankar, an off-roading buff, vouches that Kerala is known for the most tasteful vehicle modifications, unlike the loud and garish makeovers seen in other States. Accessories used in such modifications run into lakhs depending on whether they are imported or not. “There are even headlamps priced between ₹45,000 and ₹1.25 lakh. Customers pay for these accessories only to have the MVD fine them for unauthorised modifications and order restoration to the original condition. Why not ban the sale of such accessories altogether? Original spare parts of old vehicles will no longer be available, leaving users with no option but to customise them,” he laments. Accessories for modifications are sourced by dealers, often through imports, entirely at the owners’ risk. The government levies taxes on these accessories at different levels, and the tax at the retail point was reduced from the earlier high of 28% to 18% during the recent Goods and Services Tax revision.
Profit and penalty “For the government to profit from taxation and then penalise customers for it is unfair. We supply legally permissible accessories. It is up to the customer to decide on how they use them. To put it simply, accessory sales are a bit like cigarette sales. While the sale of cigarettes is legal, it is up to customers not to invite penalties by smoking in public,” observes Mohammed Shafi, State secretary of the Car Accessories Dealers and Distributors Federation. Organisations working in the field of road safety and sustainable mobility, however, remain unimpressed by the very idea of permitting vehicle modifications — dangerous or otherwise. The opposite angle “We are not at all aligned with the proposal, which we have been discussing internally. At some point, such modifications may lead to far bigger problems, including law-and-order issues, as it would not be easy for enforcement agencies to identify and track down such modified vehicles. We will certainly take up the matter with the State government authorities in due course,” says Deepanshu Gupta, co-founder of the more-than-a-decade-old Indian Road Safety Council, one of the prominent youth-driven non-profit organisations working on road safety and accident mitigation. Road safety experts feel that modifications shall be permitted on a case-by-case basis verifying whether it has safety implications for the driver and other road users. “Tinkering with the electric side for mounting a heavy-duty music system could make the vehicle vulnerable to fire accidents. Similarly, modifications disrupting the structural stability of the vehicles cleared by an authorised testing agency at the time of manufacturing could not be allowed either. Safety should be sacrosanct and should not be compromised,” says G. Adarshkumar, a road safety expert and director of the Road Safety Institute, SCMS in Kalamassery. Till now, there have been no policy-level interventions by the State government to implement the promise of permitting vehicle modifications. Since the issue lies far down the priority list, it appears unlikely that any action will be forthcoming soon. For the moment, the Chief Minister’s now-famous “pookie” face is all that motor enthusiasts have to hold on to.
The BriefWire