(1) 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, retrofitment 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.
(2) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorize, subject to such conditions as may be specified in the notification, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority.
(3) Where any alteration has been made in motor vehicle without the approval of registering authority or by reason of replacement of its engine without such approval under sub-section (2), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein.
(4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority.
(5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner.
Explanation.—For the purposes of this section, “alteration” means a change in the structure of a vehicle which results in a change in its basic feature.
Simplified Explanation
This section covers the rules and restrictions around making modifications or changes to a motor vehicle after it has been registered. It’s meant to ensure that any changes made to the vehicle do not compromise safety or violate regulations.
Main Points of Section 52:
- No Major Alterations Without Permission:
- Once a vehicle is registered, the owner cannot make major alterations to the vehicle without approval from the Registering Authority (the RTO).
- Major alterations include changes to the engine, vehicle body, fuel system, or any modification that affects the weight, dimensions, or any vital part of the vehicle.
- Permitted Changes:
- Minor alterations like fitting accessories that don’t impact the vehicle’s safety or performance (such as seat covers or music systems) are generally allowed.
- If the government notifies certain alterations as safe and lawful, those can be made without needing special permission.
- Exceptions for Specific Cases:
- Adaptation for disabled persons: A vehicle can be modified to accommodate special needs of persons with disabilities. This includes alterations to the vehicle’s controls or seating to make it easier to use.
- Upgrading emission norms: If the government introduces new emission standards, vehicles may be modified to comply with the latest norms.
- Change of Engine:
- Changing the engine of a vehicle is considered a major alteration. The new engine must meet the specifications prescribed by the Central Government, and the details must be updated in the Registration Certificate (RC).
- The new engine’s type and number should be approved by the Registering Authority before the vehicle is used on the road.
- Use of Alternate Fuel:
- Altering a vehicle to run on a different fuel type (e.g., converting a petrol vehicle to run on CNG or LPG) is allowed but requires approval from the Registering Authority. The fuel conversion must meet government standards.
- Penalties for Unauthorized Alterations:
- If someone makes alterations without proper approval, the vehicle’s registration can be canceled, and the owner may face penalties.
- Unauthorized modifications can also lead to fines and can invalidate the vehicle’s insurance coverage.
- Modifications for Aesthetic Purposes:
- Aesthetic changes (such as paintwork or installing new lights) are typically allowed, provided they do not affect the safety, dimensions, or performance of the vehicle.
- Central Government’s Power to Define Rules:
- The Central Government has the power to make rules that specify what kind of alterations are permitted and what safety standards should be followed during the modification process.
Why is Section 52 Important?
- It ensures that vehicles on the road are safe and comply with the legal standards set by the government.
- It prevents unsafe or inappropriate modifications that could lead to accidents or violations of emission norms.
- It allows certain necessary modifications, such as those for disabled persons, while ensuring that such changes are done safely and properly.
- It ensures that the insurance and registration of the vehicle remain valid, as unapproved modifications could result in penalties and loss of coverage.
Practical Example:
Let’s say you own a car and want to modify it by:
- Installing a bigger engine to increase performance.
- Converting the car to run on CNG instead of petrol.
- Changing the body shape to make it look sportier.
Before making any of these changes, you would need to:
- Get approval from the RTO.
- Make sure the modifications meet the safety and emission standards set by the government.
- Update the details in the vehicle’s Registration Certificate after approval.
If you make these changes without following the proper process, your vehicle could be declared illegal to drive, and you may face penalties.
Conclusion:
Section 52 is about maintaining the balance between personalizing or upgrading your vehicle and ensuring road safety and compliance with government standards. It’s important to follow the legal process before making significant changes to your vehicle.
