STATE OF KERALA Vs. FRANCIS

JUDGEMENT

(1.) This interlocutory application has been filed seeking clarification of the judgment in Francis v/s. State of Kerala ( : 2016 (1) -KLT 821) dealing with the alteration of motor cycles. The State of Kerala as well as the Regional Transport Officer are the applicants and have detailed the various alterations commonly made to motor cycles. They contend that there is a sudden spurt in accidents involving motor cycles and that rampant alterations are done to perform bike stunts as well as single wheeling. They want all the alterations to be specified lest the riders of the motor cycles are caught off guard for alleged alterations effected. It is clarified that any material change in the motor cycle different from that approved by the manufacturer amounts to a structural alteration under S. 52 of the Motor Vehicles Act, 1988. The commonly noticed alterations are the following: - -

(2.) It is reported that Circular No. 5/2016 has been issued by the Transport Commissionerate to give effect to the judgment in Francis's case by conducting regular checking on the roads. Reliance was also placed on Sec. 213(5) of the Motor Vehicles Act as regards the powers conferred on any officer of the Motor Vehicles Department. Sec. 213(5)(d) of the Act reads as follows: - -