HC directs authorities to take action against fitting crash guards on vehicles

The Delhi High Court Wednesday directed the authorities to take strict action against unauthorised fitting of crash guards or bull bars on vehiclesA bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela noted that crash guards and bull bars on motor vehicles are not allowed and the government agencies shall implement the provisions of law rigorouslyThe Ministry of Road Transport and Highways had in December 2017 issued a notification directing all states to take stern action against their unauthorised fitting on vehiclesOn March 12 2018 however the high court had stayed the Centres notification But the stay was vacated by the high court on December 2 2019Central government Standing Counsel Anil Soni said crash guards or bull bars play havoc with pedestrians as they can cause grievous injuries to pedestrians if the vehicle hits themHe said if a speedy vehicle with crash guard meets with an accident air bags will not open and this raises safety issuesThe ministry had in December 2017 written to state transport principal secretaries secretaries and commissioners saying that the fitments of crash guards bull bar is in contravention of section 52 of the Motor Vehicles Act 1988 and attracts penalty under section 190 and 191 of the Motor Vehicles Act 1988Crash guards or bull bars on the vehicles pose serious safety concerns to the pedestrians as well as occupants of the vehicle It is therefore requested that states may take strict action against the unauthorised fitment of crash guard bull bar on the motor vehicles it had saidSection 190 of the Motor Vehicles Act 1988 mentions that any person who drives or causes or allows to be driven in any public place a motor vehicle which violates the standards prescribed in relation to road safety control of noise and airpollution shall be punishable for the first offence with a fine of Rs 1000 and for any second or subsequent offence with a fine of Rs 2000Also read Sharad Pawar you are needed in politics as well as president of NCP Narayan RaneSection 191 prescribes Whoever being an importer of or dealer in motor vehicles sells or delivers or offers to sell or deliver a motor vehicle or trailer in such condition that the use thereof in a public place would be in contravention of Chapter VII or any rule made thereunder or alters the motor vehicle or trailer so as to render its conditions such that its use in a public place would be in contravention of Chapter VII or any rule made thereunder shall be punishable with fine which may extend to Rs 5000The high court was hearing a plea by Aarshi Kapoor and Sidharth Bagla through advocate Anil Kumar Aggarwal The plea claimed that while these bumpers may look stylish and protect the vehicle in low speed impacts in high speed accidents they would defeat the inbuilt safety features of the car resulting in serious and fatal injuries to the passengersThe PIL by the two individuals has claimed that the metal bumpers installed at the front and back of vehicles are a threat to the lives of pedestrians as well as passengers and should be bannedThe court was hearing another plea by one Mohammed Arif who claimed to be a manufacturer and dealer of crash guards and bull bars and had sought stay on the operation of the ministrys December 7 2017 direction to the statesArif had sought to implead himself in the pending PIL and had said the Centres decision has no legality as there is no rule law or byelaw dealing with accessories such as crash guards or bull barsThe dealer has also said that bull bars do not fall under the purview of section 52 of the Motor Vehicle Act because the section pertains to modification in a vehicle and not with aftermarket fitmentsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever