In December last year, the central government asked all the states to take a stern action against unauthorized fitment of crash guards or bull bars in vehicles saying such fittings pose a safety concern for pedestrians. However, the Delhi High Court has stayed the Central government's notification, as the bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar questioned the Ministry of Road Transport and Highways (MoRTH) to examine this matter and directed that there would be no challans till April 18. Moreover, the court also observed that the ministry had not properly interpreted the Motor Vehicles Act (MVA) while issuing this notification and has asked for a detailed reply.
"Under what power have you issued this notification? Under what law have you issued advisory to the states to take penal action against the offenders? Till the next date, there would be a stay and no challans will be issued," the bench said.
Section 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 air-pollution, shall be punishable for the first offence with a fine of Rs 1,000 and for any second or subsequent offence with a fine of Rs 2,000.
Section 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 5,000."