Ultimate Guide: Know These Rules Before Modifying a Car!

[Dr MUDHAN]

First, please note this guide is relevant to existing INDIA Motor Vehicle Rules, as per Section 52 of the Motor Vehicles Act, 1988, resting with amendments hither to.


To understand this is crucial because making modifications may invite legal proceedings....

Of course, it is happening every day and in every part of India.

One must be careful while carrying out any modification of a vehicle ...about what is legal and what's not?


Case Studies:

1. A Jammu & Kashmir court sentenced a Mahindra Thar owner to six months imprisonment for making illegal modifications to his SUV, for adding a hard top, Larger LED lights, bigger wheels and tires.
(*However, the accused was given the benefit of probation under PO Act to execute a bond of Rs 2 lakh to ensure peace and good behavior – Read Full Details.)

2. Another news became viral when Kerala MVD issued a fine of Rs 48,000 to the owner of an extremely modified Isuzu V-Cross!

3. And now, a Mahindra Bolero (TN Registered) issued with a challan of Rs. 25250 by Kerala MVD towards modification of oversized four tires (Rs.5000x4) + Rs.5000 for Rear door Spare wheel + Rs.250 for Sticker type rear license number & illegal Sun control film.



Motor Vehicles Act, 1988 (Section 52) Important Rules:

• No owner of a motor vehicle can alter the vehicle at variance with the particulars contained in the certificate of registration specified by the manufacturer.
• The engine or any part of it can be modified or changed to ensure that it is run by a different fuel or battery or liquified petroleum gas or any other source of energy by fitting a conversion kit. The Central Government can prescribe specifications, conditions, conditions of approval, retro fitment and other related matters for such conversion kits and the modifications must comply with these conditions.
• The Central Government can prescribe specifications, conditions for approval, retro fitment and other related matters for the alteration of motor vehicles and in such case, the warranty granted by the manufacturer will not be considered void for the purposes of such alteration or retro fitment.
• A person can obtain subsequent approval of the registering authority for alterations and convert his vehicle into an adapted vehicle which must comply with the conditions prescribed by the central government.
• Alterations made without prior approval of the registering authority must be brought to its notice within fourteen days of making the alteration. The certificate of registration along with fee has to be provided.
• The Central Government can exempt alterations of vehicles in a manner otherwise than the specified manner for any specific purpose.
• If an alteration has been made without the prior approval of the RTO, then the owner of the vehicle must report the alteration to the RTO within 14 days of making the alteration along with the certificate of registration and the prescribed fee.

*An alteration is explained in the Section as meaning a change in the structure of the vehicle resulting in a change in its basic feature.



The Penalty & Punishment stipulated:
The punishment for alterations is found in Section 182-A of the Act. According to Section 182-A(1) if a Manufacturer, Importer or Dealer makes or offers to alterations which violate chapter VII of the Act or rules and regulations; the punishment will be a maximum of one year in jail or with a fine of one lakh rupees per the vehicle or both.

Further, Section 182-A(4) provides that Owners altering their vehicles, including by way of retrofitting motor vehicle parts in an impermissible way faces up to six months in jail or with a fine of up to Rs 5,000 per such alteration or with both.

Therefore, it is not only the owner of a vehicle who faces liability but even a manufacturer or dealer.

However, the penalties vary from state to state and getting increased in case of repeated offenses. It could be also lesser than central norms below their ‘up to’.

In some states, violating this law on repeated occasions can also lead to suspension of the driving license.

Some Examples Here:

Customizations / Modifications that are common now a days!
These are some of the publicly available modifications that would change the vehicle from what was created by the manufacturer and specified in the certificate of registration.

License Number Plate modification
The alphanumerical format, size, shape color of the plate and the way it must be secured to the vehicle are all defined in the rule. Anything against the specified norms is illegal.
Use of Designer or fancy registration plates prohibited. As per the Motor Vehicle laws, all new cars are required to have IND embossed high-security registration plates (HSRPs) only. Old vehicles must switch over to HSRP within the stipulated period as specified by the state.

Modifications that interfere Visibility
Sun control Films, Sun Curtains, Removable Sun Shades and anything Blocking the driver’s vision like stickers on the front windshield, improperly positioned Dashcams etc., This doesn’t apply for parked vehicles.

Tires upsizing & Modified suspensions
Any tire size or wheel size (Steel or Alloy) other than manufacturer’s recommended ones, particularly those extremely raised the suspension and protrudes out of fender are illegal.

Customized exhaust systems
All modifications connected to engine, inlets and exhaust that modifies specified acceleration and emission and noise.

Sound Nuisance
Louder Horns more than the specified decibel and HU Woofers that creates public nuisance.

Exterior customization
Any exterior modification that changes the original design of the car , changes to the chassis of the vehicle, adding extra lights, Bumper Guards, after market hard top, Bulbs other than recommended ones, abnormal vinyl wrap that hides the color in the registration certificate, etc.,

Design modification
Every vehicle has been designed for a purpose, compiling certain legal norms.
Conversion of the vehicle to another type that’s other than the purpose for which it is designed is illegal.
Example: Passenger vehicle to ambulance, private to commercial use.
Modifications such as those made to allow differently abled persons for driving have in many cases required them to seek permission for altering their car, these are decided on a case-to-case basis.


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[Dr MUDHAN]

1. Why do consumers tend to do alterations in their vehicle?
Consumers are impelled to make alterations because manufacturers spread features across different variants which may be out of their reach while initially purchasing the car. For example, a base variant of a car may have smaller tyres than the higher variant or may not have a touchscreen system which are arguably necessary. Thus, a consumer who cannot afford the highest variant may buy the lower variant and later, as money becomes available goes and adds these features to his car.
And, Automobile Enthusiasts always love to make their vehicle as unique & different.

2. No one should do anything or add any aftermarket accessories in a car, right?
A motor vehicle, modified by incorporating optional components offered by its manufacturer or otherwise modified so that it continues to comply with the manufacturer’s specifications, may not be illegal or require further certification.

Example:
(a) Replacement of parts or components by identical parts or components. Example: brake shoe / clutch plate.

(b) Replacement parts or components with parts or components with equivalent functional performance. Example: Air filter/ Engine oil.

(c) Optional parts or components as prescribed by the vehicle’s manufacturer. Example: Head Unit/ Recommended Alloy wheels.

*Accessories not exceeding two percent of the vehicle’s weight specified in the certificate of registration are permissible in India. However, alterations which change the basic structure of the car so as to alter its basic features have been made illegal in India.

3. Will fitting an accessory at dealership Centre makes safer than third party providers?
Manufacturers and their Dealers are also bound by MV Act.
They cannot go against the rules as Accessories or Add Ons other than registered / approved with authorities are prohibited. It makes me to remember the Honda dealer who refused to fit an aftermarket horn in place of damaged OE horn to my HONDA CITY car as it was against their policy.
There would be a genuine interest of the Manufacturer and Dealer to ensure quality control and the safety of their cars; unfortunately, at an higher cost with limited choices!
There will not be any issues if it is a genuine accessory as registered with authorities.

I agree to your mind voice, there are also dealers who passes the risk towards the buyer. One example, adding sun control film over a semi tinted OE window glass. So, we need to follow “let the buyer beware.” philosophy.
Also to note, third party accessories can complicate matters and modifications or alterations made to the car outside the dealership normally void the warranty which comes with the cars.

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4. Is upsizing tires illegal, why?
There will be no problem in upgrading to a better brand tires which are the same size as the tires the car came with. This is because the tire size and specifications have to be provided by the manufacturer when furnishing information to the registering authority.
The car’s suspension, fenders are designed accordingly based on their R&D towards its purpose & safety.
But any size that exceeds manufacture’s specification is considered as illegal. Bigger tyres do look good on our vehicle but increasing the width of the tyre to an extent where it protrudes the body of the car, is illegal.

5. Is it legal to add a rear wing spoiler on a car in India?
No, it is not legal to add a rear wing spoiler on a car in India. This means that you cannot add a rear wing spoiler that is not approved by the manufacturer of your car.

The Motor Vehicles Act of 1988, as amended in 2019, prohibits any modification to a vehicle that changes its structural features. This includes adding a rear wing spoiler, as this can alter the aerodynamics of the car and make it more unstable at high speeds.
If you are caught driving a car with an illegal rear wing spoiler, you could be fined up to ₹5,000 and/or have your car impounded.

6. Is 'Sun Film' allowed on car windows in India if it is within the permissible @ 50/70% visible limits?
No!
The government has made rules ONLY for the manufacturer, that the front and rear windshield on the vehicles should have 70 percent transparency and the side window glasses should have 50 percent transparency. Other than that, there is no other material allowed on the car Windshield/Windows.
There is no Legal Alternatives to Sun Film. Anything over the OE glass is prohibited.
Unfortunately, It is misinterpreted over VLT (Visual Light Transmission) criteria.
There are dozens of sources on the internet which are claiming that 70% and 50% visibility sun films/ tints are allowed. Just visualize, if 50% film affixed over OE 50% tinted glass … will it not become zero transparency?
In case you use a sun control film then you have to pay a penalty of Rs. 100 for the first time that you violate the law. However, the penalties vary from state to state and increase in case of repeated offenses.

7. Is Paint protection like PPF and Ceramic Coating illegal?
Protecting and maintaining the car paint by PPF/CC is legal as long as it never hides the original paint colors.

8. Is affixing stickers are illegal?
Adding stickers other than that blocks the windshields, side windows and changes the overall original color of the vehicle are not considered as against the rule.
Affixing stickers as Ambulance , Firm name like Call/Rental Taxis are allowed as long as the vehicle is meant for that purpose.
Certain states like Tamil Nadu now prohibited the Personal Designation / professional and claiming authority stickers viz., DOCTOR, ADVOCATE, POLICE, EB, PRESS, MEDIA etc., as illegal on any part of the car.
The original purpose of such stickers was to identify professionals and give them the right of way and access their duty demands. For example, a car sporting a ‘Dr’ sticker should be respected for the person in it may be on his way to save a life or help in an accident /emergency. Similarly, a Media Person journalist may be on her way to cover a VIP program. The Army and Lawyer stickers might be an access to designated zones as cantonments and court premises.
Today, because of misuse, none of these stickers is respected for what they were meant to be.

Also stickers of Celebrity / God photos, over the license plate are considered as illegal.

9. Is adding conversion Fuel kit like LPG/CNG legal or not ?
NOT all cars are compatible to install a these Kits and all Kits are not genuine. The best way to check is by contacting the jurisdiction RTO as they have the details of cars eligible and approved kits.
As per rule, we must first obtain permission from RTO before proceeding to install. If not, the offence attracts a stiff fine of Rs.1000 first time and Rs.2000 subsequently.

Also Bi-Fuel endorsement is a must in Insurance policy; otherwise claims might be repudiated.

The new car owners (BS-VI) will now be able to install CNG/LPG Kits, as earlier only BS-IV compliant vehicles are allowed for retrofitting.

10. What are some examples of modifications that never require further RTO approval / RC endorsements?
a. A consumer purchases a car and does not like the seat covers. There are no side and curtain airbags: The change of seat covers will not result in any change to the structure or basic features of the car and therefore is acceptable.
b. A consumer purchases a lower end variant of a car and later installs a touchscreen system which has wireless Apple CarPlay and Android Auto. This will be an accessory and will not require approval. (But, Insurance cover is optional as Electrical / Electronic extra fittings.)
c. Minor fitments like door protectors, rain guards etc. can be added to the car without any illegalities.

11. What are some examples of modifications that warrants further RTO approval / RC endorsements?
a. A consumer wants to change the colour of the paint in his car. He will have to seek approval from the RTO for this as it will be at variance with the certificate of registration.

b. A consumer wants to wrap the roof with a different color need to get endorsed as 'Dual Tone'.

c. A consumer wants to make alterations to the body of the car by installing body kits.

12. What are some examples of modifications that impermissible & cannot get it approved by RTO
a. The consumer goes to a performance enhancement company and increase the horsepower of the engine and changes the tune of the engine or modifies the brakes or suspension of the car. This is illegal and impermissible since it would be at variance with the particulars furnished by the manufacturer while registering the vehicle which includes the design /power output of the engine.

b. The Kerala high court had occasion to deal with an individual who made an application for converting a Force Traveler Ambulance into a Hearse Ambulance in Jeffin Abraham vs. Joint Regional Transport Officer (2019) case. While the application was rejected, several structural alterations were made to the van came to light and penalized.
c. Changing the appearance of the bumpers.



Some Interesting Illustrations:


High Security Registration Plates (HSRP) vs Illegal License Plates

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[Dr MUDHAN]

To Conclude:

There is also ambiguity as to what “continues to comply with the manufacturer’s specifications” means.
The effect of the clarificatory communication of the Ministry of Road and Transport is that as long as we fit genuine accessories or fitments offered by the manufacturer, of which an authorised dealer is an extension, there should be no problem and we may not need to get our alteration registered.
But
This will place a consumer who goes to a third party or independent shop for fitments or certain accessories at a disadvantage since whether or not his fitments and accessories conform to what is prescribed by the manufacturer will be up for interpretation of the authorities.
Further after the amendment in 2019; if the Central Government approves certain alterations/ fitments then the same will not void the manufacturer’s warranty.


Please avoid all those illegal modifications and, if caught - be soft and diplomatic in handling the situation.
Moreover an irritated officer may club multiple offenses and increase the penalty to its maximum.
Note, these fine amounts are at the discretion of the Police Officer, as the penalty amounts are mentioned as ‘UP TO’ in the relevant rules.
Also understand the power of Officers towards impounding documents as have authority towards suspension of driving license under Section 183, 184, 185, 189, 190, 194C, 194D, and 194E.

Modification of a vehicle is precisely a hard work and involves some skills but only when done properly and safely.

Every human being is different, wish that modifications to a vehicle should not matter as long as they do not constitute a safety hazard.
Let us wait for the future…


Be Safe & Drive Safe!
Regards
Dr MUDHAN

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[350Z]

Note: Thread now live from T.I.P Zone. That’s one extremely essential and knowledge-rich thread. Thank you for the valuable contribution, @Dr MUDHAN.

Drive Safe,
350Z

 

[VISHNUCARCRAZY]

If such parts are illegal, how come the parts come under GST under the accesories shop and such parts get sold?

Custom lights (retrofit of LED lights, high beam lights for high terrain purposes), becomes useful for situations. It should not be fined even if it is driven in highways, wen the whole road is empty (I repeat not to be driven when oncoming vehicle is there), there is no proper roads/ systems first of all then the govt should make such lights banned.

 

[INDU]

Excellent article. Thanks Dr Mudhan for contributing such a comprehensive and very useful article. It is interesting to see so big tyres fitted by people.
We are also interested to know what would be the maximum fine amount the wrong doer needs to pay.

 

[Dr MUDHAN]

If such parts are illegal, how come the parts come under GST under the accesories shop and such parts get sold?
Custom lights (retrofit of LED lights, high beam lights for high terrain purposes), becomes useful for situations. It should not be fined even if it is driven in highways, wen the whole road is empty (I repeat not to be driven when oncoming vehicle is there), there is no proper roads/ systems first of all then the govt should make such lights banned.

We need to remember that we are living in INDIA. (Unfortunately, here, we ignore the connection between the source and the end-user. Example, we penalize the sun film user but not the Manufacturer / Product Seller).

To be on the safer side, as I said in the thread posting, we need to follow “let the buyer beware.” philosophy.

Also, I invite you to read the latest news:

The Commissioner of Transport has reportedly received numerous complaints regarding unauthorized white LED lights causing distractions, prompting the issuance of a written directive for stricter enforcement.
The problem of aftermarket installation of LED lights extends beyond urban regions. Even on national highways, the presence of white LED headlights creates significant distractions for drivers and other vehicles, leading to numerous accidents.

READ MORE:
Beware! White LED headlights can be penalized in this Indian States

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[Dr MUDHAN]

Excellent article. Thanks Dr Mudhan for contributing such a comprehensive and very useful article. It is interesting to see so big tyres fitted by people.
We are also interested to know what would be the maximum fine amount the wrong doer needs to pay.

Excellent article. Thanks Dr Mudhan for contributing such a comprehensive and very useful article.
Expressing appreciation is a beautiful attitude. Thanks for the same.

It is interesting to see so big tyres fitted by people.
Interesting!
We should also know how dangerous they are in real time situation. Please view this video clip :
https://www.youtube.com/shorts/1xXnQLQUqBA?feature=share

We are also interested to know what would be the maximum fine amount the wrong doer needs to pay.
This thread is focusing on modification part. That’s why I didn’t cover every aspect of legalities like driving offenses and maintenance of vehicles over pollution norms, Roadworthy Fitness certificate etc.,

However, I share here some of the details as desired by you.

READ MORE:

Traffic-fines

The latest over Pollution Certificate: Full New Challan System Implemented. 10,000 Rs Fine to All Old and New Vehicles on Petrol Pump Automatically.

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[Redex]

Hi, banning the sale of the modified parts does not work. For example , in the Western World the sale of 100w headlight bulbs is not banned. The bulbs are not illegal, but they are not allowed for road use as the vehicle would fail it's annual fitness test. To get around this problem the parts are simply marked "not for road use", or "off road" only.

Any parts that "break the rules" are simply marked the same way. India would find it a lot easier to ban the use of "illegal" parts if the authorities followed the existing laws and penalised more motorists. An annual fitness test (like most of the developed world) would also discourage the use of these illegal parts and modifications.

Example of off road use label.

In reality the UK and EU do not state a maximum wattage (or brightness) for headlight bulbs. However, to be road legal the bulb (or headlamp unit, sealed beam) must carry the EU approval mark. Finding a headlamp bulb above 55/60w is virtually impossible as the standard does not allow it.