State Challenges HC Order, Places Arguments Before Supreme Court
bike taxi
Bengaluru: While commuter frustration mounts over overcrowded public transport and exorbitant fares, Karnataka govt has told Supreme Court that it cannot give permit bike taxis to operate in Bengaluru and other cities.Challenging the Karnataka high court order directing authorities to consider applications for contract-carriage permits for motorcycles, the state argued that commercial passenger transport is a regulated activity and that motorcycle owners do not have an inherent right to operate their vehicles as taxis.In its special leave petition (SLP), the state govt contended that HC overlooked the statutory framework governing transport vehicles and substantially curtailed regulatory powers available to the state govt and transport authorities by directing the latter to consider applications for contract-carriage permits for bike taxis.In fact, the state transport dept last week impounded 350 two-wheelers that were operating as bike taxies and warned vehicle owners of stern action including suspension of registration certificates (RCs).The state govt gave the following reasons on why bike taxies won’t be allowed:Lack of legal clarity and statutory clearances: The state maintained that motorcycles lack comprehensive regulatory framework to operate as “passenger transport vehicle”. The absence of such a framework constitutes a valid and exceptional circumstance warranting refusal of permits. In fact, Central Motor Vehicles Rules – 1989, which classify vehicles based on intended use and functional purpose, concisely exclude motorcycles from passenger-carrying vehicle categories. Govt maintained that the mere physical capacity to carry a pillion rider does not, in law, translate into one authorisation or intent to carry passengers.Safety issues: The state argued that motorcycles are more vulnerable in accidents and lack some of the safety features available in passenger vehicles such as autorickshaws and cabs. It raised concerns about passenger safety, including that of women. Citing concerns over safety of passengers travelling on two-wheelers, govt referred to accident fatality data cited by a Supreme Court committee. Locally too, there have been cases where bike-taxi operators have not taken responsibilty for things that went wrong for passengers during rides, a transport dept official said, adding: “In one incident reported in Yelahanka, a woman passenger allegedly jumped off a moving motorcycle to escape harassment.“Congestion & pollution: The state said large-scale bike-taxi operations could add to traffic congestion and pollution. It cited an estimate of 1.4 million tonnes of CO2 emissions that could be avoided annually by restricting such operations.Insurance concerns: Govt pointed to lack of adequate insurance coverage in the event of a passenger’s death in an accident. Karnataka’s regulatory framework has no mechanism for converting existing white-board motorcycles to yellow board, nor any concept of dual registration. This creates confusion with regard to insurance claims and disbursal, transport dept officials pointed out.Alternative livelihood: Karnataka maintained that the restriction does not prevent motorcycle owners from earning a livelihood. The state has not imposed a blanket prohibition on use of motorcycles for commercial purposes, rather it has only restricted their use for carrying passengers. It said riders can continue to work in delivery and logistics services for platforms such as Swiggy, Zomato, Amazon and Flipkart, besides courier services and other permitted activities.
