Don’t permit vehicles with loud music system, after market neon lights: Himachal Pradesh High Court

The Himachal Pradesh High Court recently directed the Police not to permit use of vehicles with high-power audio systems that distract other users on the road with their loud sound [Court On Its Own Motion vs NHAI & Ors].The division bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja said a transport vehicle fitted with a high-power audio system, having multiple booster or power amplifiers and subwoofers coupled with LED and laser lights cannot be treated as a vehicle complying with the law.Accordingly, the Court also directed the Director (Transport) to ensure that no fitness certificate is granted in such cases..The Court was hearing a matter related to expansion of national highways in the State. In the suo motu public interest case, the Court has also been monitoring the removal of encroachments from the highways. It recently also took note of the considerable rise in road accidents, remarking that while many of such accidents could be attributed to drunken driving, a larger number of them were also occurring due to use of LED, neon, laser or flash lights in the vehicles.“It is commonly seen that high-power audio systems producing loud sound with rating of several thousand watts PMPO impair hearing of the driver(s) and passengers of the vehicles thereby causing distraction to other drivers and road users,” it said..The Court further said it was difficult to distinguish between emergency vehicles like ambulances from other vehicles due to use of such lights. Stressing on the State's duty to strictly enforce the Motor Vehicles Act and the Rules under it, the Court considered it appropriate to issue directions to the Director General of Police (DGP) and Director (Transport)..The Court directed the DGP to issue necessary directions to prevent use of contract carriages and other transport vehicles found to be:flouting prescribed safety standards after replacing the prototype approved lights, light-signalling devices and reflectors with after-market multi coloured LED/laser/neon lights, flash lights, etc.;using high-power audio systems producing loud sound with rating of several thousand watts PMPO [Peak Music Power Output], impairing the hearing of the driver and the passengers and causing distraction to other road users;with continuously blinking DJ rotating LED lights, multi-coloured LED/laser/neon lights in the passenger compartment, by converting the passenger compartment as a dancing floor, causing distraction to the driver of that vehicle and also to other road users;with multi-coloured LED/laser/neon lights and also booster amplifiers, equalizer, DJ mixer, etc., with illuminated control panels in the driver cabin, causing glare and reflection of light on the windscreen of the vehicle, endangering the safety of the passengers and other road users..The Court also directed the Director (Transport) not to grant fitness certificates to a transport vehicle fitted with unauthorised lights and ensure compliance with other provisions of the Motor Vehicles Act.“All the concerned authorities, Traffic Magistrates as also other Magistrates in the State of Himachal Pradesh are also directed to ensure due compliance of this order,” it ordered further..The Court will hear the matter on April 3 and has asked the authorities to file status reports regarding the action taken.Senior Advocate KD Shreedhar and advocate Shreya Chauhan represented the National Highways Authority of India (NHAI).Deputy Solicitor General Balram Sharma represented the Union of India.Senior Additional Advocates Generals YW Chauhan and IN Mehta, Additional Advocate Generals Ramakant Sharma and Sharmila Patial and Deputy Advocate General Raj Negi represented the State of Himachal Pradesh. Advocate Kiran Dhiman also represented a respondent.[Read Order]