The taxi technology aggregators and cab owners and drivers attached to services of the aggregators have a month to comply with the provisions of the Karnataka On-demand Transportation Technology aggregators Rules 2016 as the High Court of Karnataka on Thursday asked the State not to take any coercive action against them immediately for not adhering to the rules as their immediate implementation may create some inconvenience for both cab operators as well as the public.
The court asked Uber India Technologies Pvt. Ltd. and other aggregators to comply with the conditions within a month and told the State government to publicise the court’s order that vehicles having all-India tourist permits can be used only to ferry tourists and not to ply commuters through aggregator services. The court said the authorities could seize tourist vehicles if they were used for aggregator service.
‘Time needed’
Justice Raghvendra S. Chauhan was of the view that a reasonable period of one month was essential for compliance of the rules as the court had struck down some of the rules.
Though the court upheld the rules making panic button mandatory and prescribing qualification of the drivers, it struck down the rule that mandated aggregators to disclose particulars of passengers to the authorities for inspection.
“Rule 10(c) and 10(v) of the aggregators rules bestow an unbridled, uncontrolled power upon the State to have access to the personal information about the passenger. Such unfettered power is likely to be abused by the State. Thus Rule 10(c) and 10(v) violate the right of privacy ...,” the court said.
The court also held as unconstitutional the rule that empowered the authorities to suspend or cancel licence if a criminal case is registered against a driver attached to the aggregators.
Meanwhile, the court did not examine the issue of fares to be charged by the aggregators as Uber has accepted before the court that it would not charge more than the maximum fare fixed by the State government.
