The High Court stayed the ban until the state government amends the rules in the Karnataka Motor Vehicle Act 1989.

Ktaka HC stays ban on pillion riders in sub-100 cc bikes govt could amend rule
news Law Saturday, November 04, 2017 - 08:47

The Karnataka High Court on Friday stayed the ban on pillion riders on sub-100 cc bikes.

Justice BV Nagarathna stayed the operation of the Rule 143(3) of the Karnataka Motor Vehicles (KMV) Rules, 1989, which states, “No pillion seat shall be attached to a motor-cycle with less than 100 cc engine.”

This was the genesis for the two circulars dated October 13 and October 23. The HC has stayed the ban until the government comes out with the amendment to the rule, TOI reported.

Earlier, the Additional Advocate General AS Ponnanna had informed the court that the government, which had issued the circulars based on the observations made by the High Court in a motor vehicle accident case, is now considering amending the rule.

Justice BV Nagarathna expressed surprise as to why it had taken the government so long to implement a rule which had existed in the rule book since 1989. The judge also questioned the government as to why it had waited for two years, after the observations were made by the High Court in the accident case to implement the rule, the report adds.

The High Court has stayed the operation of two state government circulars that had banned registration and use of sub-100cc two-wheelers with pillion seats.

TVS Motor and Hero MotoCorp challenged the constitutional validity of Rule 143(3) of KMV and the October 13 and October 23 orders circulars by the authorities, the Hindu Business Line says

The Petitioners submitted that the power to effect any change vests with the Centre and Section 110 of the Central Motor Vehicle Act, 1988, and Rule 123 of the Central Motor Vehicles rules don't prescribe any engine capacity for pillion riders except for specifying certain safety attachments to two-wheelers or bikes with pillion seats, the TOI report says.

It was argued that the notifications came to be issued after the observation was made by the High Court in a 2015 a miscellaneous first appeal regarding an accident case. The court had only noticed the existence of Rule 143(3) in the rulebook without considering the constitutional validity of the rule formulated in 1989, the report adds.

 

 

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