In a relief to both users and manufacturers of two-wheelers, the Karnataka High Court on Friday stayed the State government’s rule, which prohibits two-wheelers below 100 cc having a pillion seat, that was enforced for the past 10 days though the rule existed in the law book since 1989.
The court also stayed the notifications, issued on October 23, 2017, banning registration of new two-wheelers below 100 cc that have a pillion seat, and prohibiting use of such two-wheelers with pillion seats that are already registered prior to October 23.
Justice B.V. Nagarathna passed the interim order on the petitions filed by Hero Motocorp Ltd. and TVS Motor Company Ltd.
The court said that prima facie it was of the view that two-wheeler manufacturers will have to comply with the provisions of the Motor Vehicles (MV) Act and the Rules, 1989, which allows pillion seats in all segments of two-wheelers, as State is not empowered to enact law to regulate the design of the two-wheeler.
The court also noticed that the transport authorities of both the Centre and the State have verified and certified the two-wheelers below 100 cc and such two-wheelers have been sold, registered and used in the State though the Karnataka’s rule prohibited them.
Safety measures
Further, the court observed that Rule 123 of the Central Motor Vehicles Rule, 1989, has taken care of two-wheelers having pillion seat by imposing three safety measures for pillion riders.
Earlier, counsel for the petitioner-companies had contended that the State had no power to regulate the design of two-wheelers as this power is vested with the Union government, which has enacted MV Rules, 1989, setting standards for different types of motor vehicles. They argued that Rule 143(3) of the Karnataka Motor Vehicles Rules, 1989, is illegal as the State has no power to impose such a condition.
‘Enforced suddenly’
It was also contended on behalf of the petitioner-companies that Rule 143(3), if read properly, does not ban pillion seats in two-wheelers below 100 cc, but actually bans pillion seat in a side-car attached to two-wheelers below 100 cc, and hence the State had, perhaps, not enforced the rule all these years as has been done now. The counsel also argued that the rule cannot be enforced suddenly as it had remained unenforced for more than 28 years.
Meanwhile, the government counsel told the court that the State is contemplating amending the Karnataka MV Rules to make the rule in terms of the MV Act while admitting that the rule remained unenforced since 1989. The notification enforcing the rule was issued as the High Court, in 2015, on noticing non-enforcement of the rule had issued direction for its implementation while considering a motor vehicle accident case.
