The Punjab and Haryana high court has issued a notice to the state transport commissioner, Punjab, Patiala regional transport office (RTO), district transport office, senior superintendent of police (SSP) and sub-divisional magistrate (SDM), Patarn, on the running of illegal motorcycle-rehris.
The notice has been issued following a petition filed by the Shaheed Udham Singh Tata Ace Drivers Union. The officials have been asked to file their reply by October 5.
The petitioner said such illegal motorcycle-rehris have led to many accidents in the recent past causing loss of life and property. The petition has been filed against rampant running of illegal vehicles in Patran town of Patiala.
Arguing for the petitioner, advocate Amit Goyal stated that running of these vehicles was banned under Rule 186 of the Punjab Motor Vehicle Rules, 1989. The advocate argued that motorcycles were for private use only and couldn't be used for hire and reward. Moreover, Section 52 of the Motor Vehicle Act, 1988, specifies that no owner of motor vehicles has any power to alter/modify his vehicle in such a way that its basic and fundamental factors are made inaccurate. It was stated that these vehicles run without goods carriage permit, without depositing road tax and other permits and taxes and hence also cause a loss to the state exchequer.
The petition states that such vehicles are made by local/novice mechanics by using sub-standard material in violation of Rule 124 of the Central Motor Vehicle Rules, 1989, and run without any test for road worthiness. These are safety hazards for passengers and other road users. Not only this, such alteration renders void the warranty of the vehicle.
The petition further states that the insurance of such vehicles also become void on grounds of alteration and also on the ground that a private vehicle is not allowed to run for hire and reward as is being done by these motorcycle-rehris/ jugaads. It was further stated do not have any insurance cover to be able to be answerable for the loss caused because of them. It was also argued that these vehicles are a source of excess pollution, without proper braking system as per axle to weight ratio, carry excess weight etc.