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Crash Guard And Bull Bar Ban For Cars In India — Delhi High Court Stays Notification Till April 18th
The Ministry of Road Transport and Highways were asked to look again into the notification.
Delhi High Court stays the notification for crash guard and bull bar ban for cars in India. The initial ban was issued on 7th December 2017. However, the Ministry of Road Transport and Highways were asked to reconsider the petition.
The Ministry stated then that crash guards and bull bars are in violation of Section 190 and 191 of the Motor Vehicles Act, 1988. Unauthorised fitment of bull bars and crash guards attracts a fine of Rs 1,000 for the driver for the first offence, Rs 2,000 for the second time or subsequent offences, while the punishment for seller or deliverer could be Rs 5,000.
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The Ministry was asked to re-examine the matter by the bench comprising Justice C Hari Shankar and Acting Chief Justice Gita Mittal. They also added not to issue any challans till 18th April, 2018.
"Under what power have you issued this notification? Under what law have you issued an 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," stated the Bench to the Ministry of Road Transport and Highways.
"It is brought to your notice that the fitments of crash guards/ bull bar is in contravention of section 52 of the Motor Vehicles Act, 1988 and attracts penalty under section 190 and 191 of the Motor Vehicles Act, 1988," said the statement which was earlier issued by the Ministry of Road Transport and Highways to the Principal Secretaries, Secretaries and Commissioners, Transport of the states.
A plea was made recently by an individual named Mohammed Arif, a manufacturer and dealer of crash guards and bull bars. A PIL (Public Interest Litigation), filed by Aarshi Kapoor and Sidharth Bagla, claimed that bumper protectors such as bull bars and crash guards offer protection to the vehicle only at low speeds. At high speed impacts, crash guards and bull bars tend to prevent the deployment of airbags.
The plea from Arif and some other automotive accessory dealers led to the stay. However, the stay might be temporary since there are more cons than pros in installing crash guards and bull bars.
Thoughts On The Crash Guard And Bull Bar Ban For Cars In India
The ban on bull bars and crash guards in cars have faced a lot of difference in opinion. However, we feel that bull bars and crash guards ‘do' affect the safety of passenger cars. If the bumper protectors came as a factory fitment, the company would've definitely ensured that there will be no chance for a potential airbag failure. Do you know the disadvantages of having aftermarket bumper protectors?
