HC: No action against bike taxis in Delhi till rules are notified

May 27, 2023 12:16 AM IST

No coercive action will have to be taken against two bike taxi aggregators and its riders till the Delhi govt notifies the essential rules beneath the Motor Vehicles Act, the Delhi prime court docket stated on Friday.

A bench of justices Suresh Kait and Neena Bansal Krishna, whilst giving the period in-between coverage to Roppen Transportation Services Pvt Ltd’s Rapido and Uber India Systems Pvt Ltd, either one of which provide two-wheeler services and products, additionally requested the Delhi govt to report its reaction, and posted the subject for additional listening to on August 22.

The court docket’s order, which is but to be launched, got here on pleas filed via the 2 aggregators against the state govt’s notifications in February this yr, which banned all such operators from providing any bike-taxi services and products in the Capital beneath the Motor Vehicles Act, 1988, and in addition warned that riders discovered violating the rules will likely be fined as much as ₹1 lakh or even face suspension of license for no less than 3 years.

The petitioners stated that no explanation why or rationale has been equipped via the state govt’s delivery division for enforcing this kind of ban.

To make sure, the Delhi delivery division does no longer check in any industrial two-wheelers.

Appearing for the Delhi govt, its recommend Sameer Vashisth advised the court docket that the general public understand of February was once in accordance with the Motor Vehicles Act, 1988 the place it was once mandated that two wheelers can’t be used as delivery cars.

The recommend additionally stated {that a} motorbike can not fall beneath a public provider automobile class or a delivery automobile.

He additional contended that thus the petitioners are no longer entitled to keep an eye on the industry of the usage of the two-wheelers as a delivery automobile, including that bikes are no longer incorporated throughout the definition of “motor cabs’’. Motor cabs, consistent with the legislation, manner any motor automobile built or tailored to hold no more than six passengers aside from the driving force for rent or praise.

“It is pertinent to add that any vehicle being used as a taxi/passenger service vehicle has a higher obligation in terms of passenger safety, women safety etc., For instance, it has been mandated that all drivers of passenger service vehicles need a PSV Badge issued after Police verification. Further, there are obligations of GPS devices, panic buttons and other conditions stipulated while issuing a permit. The aggregators currently operating such two wheeler taxis are in flagrant violation of such conditions,” the Delhi govt recommend stated.

Advocate Vashisth additionally stated that the draft Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023 has been ready via the delivery division, beneath the framework of Motor Vehicle Aggregator Guidelines, 2020 and has been positioned earlier than the Lieutenant Governor (L-G) for his approval.

Currently, 3 cab aggregators — Ola, Uber and Rapido — be offering bike taxi services and products in the town.

Meanwhile, Uber welcome the court docket order. “This will bring relief to drivers on our platform whose livelihood had been impacted by the ban as also to the hundreds and thousands of riders who choose to ride on Moto for affordability and last mile connectivity. We are committed to serving the city and being the platform of choice for riders and drivers alike,” its spokesperson stated.

“It is a resounding victory and powerful testament to the immense impact bike taxis have on millions of people in our national capital. Bike taxis represent a transformative innovation for a thriving metropolis and a progressive nation like India, addressing the crippling challenges of traffic congestion, unemployment, affordability, last-mile connectivity, and environmental pollution head-on,” a Rapido spokesperson stated.