Modifications And The Law: A Critical Study Of The Lacunae In The Motor Vehicles Act, 1988 And The Central Motor Vehicles Rules, 1989

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Laksh Srivastava, Law College Dehradun, Uttaranchal University

Prof Dr. Lakshmi Priya Vinjamur, Professor of Law, Uttaranchal University

ABSTRACT

Vehicle modifications in India offer a remarkable example of a regulatory regime that has failed to keep up to date with technological developments, commercial realities, and judicial interpretations. The Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989, form the main statutory framework regulating vehicle modifications - yet both laws are plagued by important definitional uncertainties, enforcement inconsistencies and structural lacunae that have created much confusion among vehicle owners, manufacturers, accessories dealers, and enforcement agencies. This article provides a doctrinal critique of the regulatory regime relating to vehicle modifications, with particular regard to structural modifications, cosmetic modifications, engine/performance modifications, accessories and EV/CNG retrofitting. It pinpoints the key lacunae in each of these areas, and concludes with a few observations on where legislative and regulatory reform efforts might profitably focus.

Keywords: Motor Vehicles Act, Motor Vehicle Modification, CMVR, Retrofitting, EV, Section 52, EV Conversion, Road Safety, Regulatory Lacunae.

625. MODIFICATIONS AND THE LAW- A CRITICAL STUDY OF THE LACUNAE IN THE MOTOR VEHICLES ACT,

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