While welcoming the Bhutan Construction and Transport Authority’s (BCTA) recent warning against unlawful vehicle modifications, vehicle owners have raised concerns over what they described as a vague and discretionary provision in the Road Safety and Transport Regulations.
In its public notification, the BCTA cautioned vehicle owners against modifications that contravene legal requirements, including “any other alteration deemed inappropriate under the regulations or as determined by the Authority.” The Authority said the measure was necessary amid a growing number of unsafe vehicle alterations that compromise road safety and structural integrity.
However, a vehicle owner, who owns a classic Toyota Hilux, questioned whether such broadly worded provisions give excessive discretionary power to implementing officials.
“Is it legally justified to give such vague and arbitrary authority to an institution, especially when the interpretation of laws is constitutionally vested in the courts, with the Supreme Court being the ultimate interpreter?” he asked.
He shared his experience of being denied vehicle clearance during a renewal inspection because his vehicle was fitted with a front bull bar.
“I was told the bull bar could kill a person if hit. But wouldn’t anyone die if hit by a vehicle, with or without a bull bar?” he said, adding that he found the explanation insufficient and subjective.
He noted that off-road driving for camping and leisure is a widely practiced recreational activity globally and often requires modifications such as off-road tyres and bull bars to protect vehicles during use.
“There are certainly vehicles that are altered irresponsibly and appear unfit for the road, but there are also professionally modified vehicles that meet safety standards,” he said.
Calling for a clearer regulatory approach, another vehicle owner stressed that decisions on vehicle modifications should be made by qualified technical professionals based on objective safety criteria.
“Such decisions should not be left to the discretion or personal judgment of individuals. There need to be clear lists of permitted and prohibited modifications, supported by technical justification within existing laws and regulations,” he said.
He also pointed out that many road accidents appear to involve specific vehicle types, while other safety concerns receive less attention.
“Bright and blinding LED lights on many newer vehicles pose serious hazards to oncoming traffic. These, in my view, are far more dangerous than bull bars or off-road tyres, but they seem to escape scrutiny,” he added.
The BCTA has stated that it will continue strict nationwide inspections in coordination with the Traffic Police Division and that vehicles found with unlawful modifications will be penalised as per regulations. The Authority has urged the public to comply with existing requirements to ensure road safety and regulatory compliance.
The concerns raised highlight an ongoing public debate on balancing road safety enforcement with clear, consistent, and technically sound regulatory interpretation.
Tashi Namgyal
From Thimphu
