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Traffic police are stopping Royal Enfield riders and checking their vehicles for modifications. If these motorcycles are found with loud exhaust notes, offenders are being charged under Section 190 (2) of MVA.
Changes to the silencer, which causes a public nuisance, attracts a fine upto INR 1,000. In addition to this, traffic cops in Bangalore have started breaking the illegal exhausts on the spot.
Bangalore Police too is on a drive to remove such illegal exhausts from the Royal Enfield bikes. Traffic police are also on the lookout for garages where these bikes are being modified promising stern action and severe fines against them as well.
source :
Rushlane
While it is accepted by most people that these loud exhausts are a nuisance, what right do the traffic cops have to damage someone else's property?
Quote:
Originally Posted by manaljain
(Post 4320713)
Traffic police are stopping Royal Enfield riders and checking their vehicles for modifications. If these motorcycles are found with loud exhaust notes, offenders are being charged under Section 190 (2) of MVA. |
In the last image, the two exhausts on the right look like the stock exhausts. Am I missing something?
Yes. I am very doubtful on the legality of the action. It is like instant justice. Can the cops shoot someone if they are reasonably sure that a person has committed a crime that should get him/her the noose? Or for that matter, can the cops really do instant justice in any matter by circumventing the law? Tomorrow if a bunch of these bike owners sue the government for one of their depts (law and order) having caused harm to people and their property with ill motive etc then what happens? The silencers are gone now. So there is no physical evidence available for the cops now to prove their case. How will this all pan out in a court of law?
I have two issues with this:
1. They obviously have no right to pass judgment, so deciding to destroy someone's property is out-of-bounds for their role. Legally inclined BHPians may please clarify if otherwise.
2. How exactly are they checking for violations? If it's by 'it sounds too loud to my colleague here who has a headache' criteria, given their usual 'it is so because I say so' standards, I'm concerned perfectly innocent RE owners are getting bunched with the nuisance creating ones.
Give them a ticket, book them under relevant MVA sections and take them to court. Street justice is best left to lynch mobs.
I am not a law expert but in case of illegal substances like drugs/liquor, destroying the confiscated stuff is not unheard off and is pretty normal I think. The same logic is being applied here, I assume.
I am not justifying the action, but if this is wrong, so is destroying drugs/liquor. After all that is also some one else's property.
P.S: I am all for destroying these noise polluters in legal ways, most of people here in Pune would stand by my side. I once wanted to buy a bullet but rowdies with loud exhausts ensured that I don't.
“No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer: Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: Provided further that the Central Government may prescribe specifications, conditions for approval, retro fitment and other related matters for such conversion kits: Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose.”
https://motormistri.com/news-and-art...er-indian-laws
Quote:
Originally Posted by Engine_Roars
(Post 4320763)
I am not a law expert but in case of illegal substances like drugs/liquor, destroying the confiscated stuff is not unheard off and is pretty normal I think. The same logic is being applied here |
You echo my thoughts. And, 'the law' mandates the owner to get all additions/modifications approved by the RTO. So what they've done is almost like setting fire to illegal marijuana fields.
The reason why they are crushing them using a road roller rather than just confiscating is to 'deter'. The news would definitely urge modded bike owners get their bikes back to stock.
I'm happy to see the Kerala MVD proactively working on these issues. And lately, they also seem to work for the cause and it reflects in their way of speaking. Until the last few years, I had never seen a traffic officer talking patiently to violators and explaining the rules pleasantly. I was so happy to see that.
Probably they see if they have a welding done to add the exhaust, or maybe they are carrying the DB checker. That said this is not new, remember how they were removing the black films from the cars of offenders. Obviously these are orders from above and not a decision taken by the officer on duty, on the spot.
Correct me if I’m wrong here, but super-cars have crazy loud exhausts from the factory & a majority of the owners go the FF way, making it even louder, but the cops never stop or fine them for creating a nuisance.
Why is the law enforcement agency acting partially & not doing the same with super-cars/sports-cars?
Is it because the owners are rich, or can easily influence their way out of such trouble?
I for once am happy. I always wondered why does the Royal Enfield have such horribly loud exhausts. I instantly recall those days, when I used to reach home late after navigating Bengaluru traffic. And as I try to catch some sleep, everyday morning at around 5:30am - 6:00am there used to be this bloke on RE taking his bike out, kick starting, revving his engine to warm it up and go to a nearby park for his morning jog. Everybody in the narrow bylane, old and young were simply annoyed.
That always made me wonder. Is RE allowed to have such exhausts? Or have they manipulated exhausts in test bikes to pass ARAI tests (like Chevy did with Tavera)? Or have they come around the system using some trickery?
Sorry RE fans, but I find the exhaust note obnoxiously loud and irritating.
Quote:
Originally Posted by AShubrah
(Post 4320805)
Correct me if I’m wrong here, but super-cars have crazy loud exhausts from the factory & a majority of the owners go the FF way, making it even louder, but the cops never stop or fine them for creating a nuisance.
Why is the law enforcement agency acting partially & not doing the same with super-cars/sports-cars?
Is it because the owners are rich, or can easily influence their way out of such trouble? |
Super cars are not every fifth vehicle on the road that you spot, when was the last time you saw a Lamborghini blasting by vs the last time you saw a noisy Bullet? Most exotic cars I see every once a while are driven very carefully anyway.
These bikes have a been a nuisance for a while, the streets are filled with these irritatingly loud,coarse sounding pat pat Bullets.
I am not sure about the legality of this but it is high time the police did something about this even if it is a little extreme.
From what I came to know, the cops were taking this action not only because of the noise pollution but also due to their general opinion that vehicles with modified exhausts are usually driven rashly (and let me not talk about the bewildering manoeuvres some use while changing lanes and overtaking). Catching them in the act is tough as it happens rarely in front of the cops and that can be one reason why they resort to such methods.
I know it wouldn't sound fair to take actions based on generalisations but their intention is to avert any untoward incidents and looking at the number of rashly driven 2 wheelers here, they don't seem to be doing wrong.
Quote:
Originally Posted by Engine_Roars
(Post 4320763)
I am not a law expert but in case of illegal substances like drugs/liquor, destroying the confiscated stuff is not unheard off and is pretty normal I think. The same logic is being applied here, I assume. |
That is only after taking permission from court. Otherwise seized property remains in malkhana as evidence.
Coming to topic this is unfair if only applied to RE. Checking and violation process as per law should apply to all vehicles and enforced with tech devices.
On personal note this should also include loud music cars.
Quote:
Originally Posted by sudev
(Post 4320974)
On personal note this should also include loud music cars. |
How does it make sense? It would if the volume cannot be adjusted and always remains at high. The user can increase or reduce the volume as per his convenience. Any car will become a loud music car if it's maxed out.
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