Bike taxis illegal, will frame rules to ensure safety: Govt
The cab aggregators have been warned that they may be fined ₹1 lakh if bikes continue to operate as taxis in the Capital, officials said
With bike taxis gaining in popularity across the Capital, the Delhi transport department has called on cab aggregators to halt all such services after concerns were raised over the safety and convenience of passengers.
The Delhi government is currently looking to frame rules to regulate bike taxis, and have sent them to the law department for vetting. In the meantime, the transport department has said that two-wheelers operating as cabs is a violation of the Motor Vehicles Act, 1988. The cab aggregators have been warned that they may be fined ₹1 lakh if bikes continue to operate as taxis in the Capital, officials said.
Currently, three cab aggregators — Ola, Uber and Rapido — offer bike taxi services, which has steadily been increasing in popularity as they are more affordable than traditional four-wheeler taxis or auto-rickshaws.
A transport department official said that according to the Motor Vehicles Act, two-wheelers cannot be used for commercial purposes, which includes bike taxis. “The first instance of the violation of the law may invite a fine of ₹5,000 for the driver, while a second such instance may lead to a ₹10,000 fine and imprisonment of up to a year, beside impounding of the vehicle. The driving license of the driver will be suspended for a minimum period of three months under the direction of the Supreme Court,” the official said.
A second transport department official cab aggregators offering bike cab taxi services are in contravention of provisions under section 93 of the Motor Vehicles Act, which shall be punishable with a fine up to ₹1 lakh under section 193(2) of the Act.
To be sure, the Delhi transport department does not register any commercial two-wheelers. All commercial two-wheelers operating in Delhi are registered in states like Uttar Pradesh, Haryana or Rajasthan.
It must be noted that even four-wheelers engaged by cab aggregators are beyond the regulatory framework of the transport department because they do not ply with operating licences — the Delhi government currently only regulates the operations of Kali Pili taxis and auto-rickshaws.
Though the exact impact of the move is difficult to gauge, it is likely to affect the availability of bike taxi services in the Capital, officials aware of the development said. However, a third transport authority official said on condition of anonymity, it is difficult to crack down on bike taxis as most do not have signs or stickers to distinguish them from private two-wheelers.
“It is difficult to distinguish from two persons riding a bike from a bike taxi being used by a passenger on hire,” the third official said.
No response was immediately available from Ola, Uber and Rapido, despite HT reaching out to the firms.
As the bike taxi space is currently unregulated, the government does not have data on the exact number of bike taxis plying on the Capital’s streets. However, estimates by different public transport unions in Delhi put the number of bike taxis operating in NCR through cab aggregators at 15,000-20,000.
Transport commissioner Ashish Kundra said in the current regulatory framework for vehicles in the Capital, there is no provision to allow bikes to be used as commercial vehicles. “Therefore, all such uses of bikes are contrary to the provisions of law and thus liable to be punished under provisions of relevant laws. Use of bikes for commercial purposes is illegal for different reasons, such as drivers not receiving any public service vehicle badge, which is issued by police after an individual’s character verification. Also, tax payment regimes are different for commercial vehicles, but all these two-wheelers are registered as private vehicles. In addition, taxis have a different fitness regime than private vehicles,” Kundra said.
Bipin, who works part-time with a cab aggregator as a bike taxi driver, said he registered his private two-wheeler as a taxi with a cab aggregator to earn some extra money and augment the salary that he earns from a private firm, where he works as a hardware engineer.
“I earn around ₹300-500 each day, working for around four hours. Rides are available very frequently in busy areas of Delhi, and around 40-50% riders are women,” Bipin said.
He added that he did not know that it is illegal to use two-wheelers as taxis. “I have never been stopped by police or transport officials,” he said.
Transport minister Kailash Gahlot said the Delhi government has already framed rules to regulate bike taxis and delivery aggregators in the Capital, and have sent them to the law department for vetting. “I have held several public and stakeholder consultations in the matter and the policy will ensure passengers’ convenience and safety along with environmental issues, while facilitating the smooth operations of bike taxis. Bike taxis have opened up a new space for mobility, last-mile connectivity, and have generated employment, but the Aam Aadmi Party government is also concerned about the safety and convenience of passengers,” Gahlot said.
Amit Bhatt, managing director (India) of the International Council on Clean Transportation, said, “The rise of bike taxis shows that there is a demand for this system, but there are also genuine safety and security concerns with their uncontrolled growth. Therefore, it is essential to quickly develop regulations so that these systems can provide the required services.”
In December 2022, HT had reported that the Delhi government is framing the Delhi Motor Vehicles Rules, 2022 under the Motor Vehicles Act, which will make it mandatory for cab aggregators and delivery services to get operating licences from the transport department, have only electric vehicles in their fleet by 2030, have a customer grievance redressal mechanism, and to share details of the drivers and their vehicles with the transport department.
Rajendra Soni, general secretary of the Delhi Auto Rickshaw Sangh, said bike taxis have wooed away passengers from auto-rickshaws, which are within the regulatory framework of the government. “We had raised the illegal use of bike taxis before the transport department authorities. We have also filed a writ petition in the Delhi high court against the illegal use of bike taxis. The government should ensure that they do not ply,” said Soni.