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Kerala High Courts rule on modifications being made to motorcycles.
Friends, Indians, country men, lend me your ears;
I come to speak about Kerala High Courts rule/ modifications being made to motorcycles, directive to Motor Vehicles and Police Department Traffic Police to take stringent action against customized modification of motorcycles.
Though I am not a big fan of custom motorcycles I feel this rule is being misused by the Kerala Motor Vehicles Department, Kerala Police and the Traffic Police and even the Traffic wardens deployed to help manage the traffic at key locations. They are actually using this rule to harass and belittle and fine motorcyclist who has changed from the stock to an aftermarket exhaust, silencer, handle bar, crash bar, head lights, halogen bulbs,horns, seat and the list goes on. There have been many instances where the Police have confiscated the motorcycles and the aftermarket exhausts have been taken away and destroyed and instances where a packet of salt was put into the petrol talk of a motorcycle taken into custody and fines being imposed on whims and fancies of Police officers in Kerala. I think this is gross injustice towards an individual and a gross violation of fundamental rights and right to personal property.
Points to Ponder:
1.An individual does not make any after market items, it's sold in the open market by companies and the state government/ central government is getting a tax on the sales of these items and these items are not illegal.
Why is the individual penalized and insulted?
2.All motorcycles sold in India are produced for the masses but not all the motorcyclists have the same physical features, height ,weight, some may be tall, some short and why cant the customer can opt for a seat or handle bar which is comfortable for the individual?
3.The items that come stock with the motorcycle are not the best in the class. There is always option for improved aftermarket exhausts, lights, brakes, air filters, horns, tyres, seats, spark plugs etc.
4.The customer has to pay 15 years road tax in advance at the time of purchase of the motorcycle, and the Police threaten with withholding the registration of the motorcycle.
5 When the government comes with BS4 version then the sales of all the non B S4 compliant items like BS3 stock silencer/ exhaust is stopped!
6.There is not a steady and smooth supply of spares and accessories from the motorcycle manufactures, some time aftermarket spares and accessories is the easy and convenient option available.
7.The Honorable High Court Judge who passed this rule may have no idea about how to ride a motorcycle or how a motorcycle works. He is just being chauffeured around in a luxury SUV given by the state on the tax payers money.
8. If the ban on exhaust modification is based on permissible decibel levels stipulate 80 decibels and sound pollution levels then they should take an action against Ape or any other Auto Rickshaw which makes more heavy harsh noise than an an aftermarket motorcycle exhaust! Why is this not applicable to 3 wheeler's.
9.The primary objective of the Police is to serve and protect not to catch modified motorcycles and fine hapless motorcyclists! What a priority!
I think its high time that fellow riders react to this and file a PIL against this in the High Court or any other court of justice as an appeal against this order!
End of rand. I rest my case.
Cheers, Jai
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