Relief for Uber, Rapido as Delhi HC stays AAP govt's ban on bike taxis
The state government’s notifications in February this year had banned all such operators offering any bike-taxi services in the Capital.
No coercive action should be taken against two bike taxi aggregators and its riders till the Delhi government notifies the necessary regulations under the Motor Vehicles Act, the Delhi high court said on Friday.
A bench of justices Suresh Kait and Neena Bansal Krishna, while giving the interim protection to Roppen Transportation Services Pvt Ltd’s Rapido and Uber India Systems Pvt Ltd, both of which offer two-wheeler services, also asked the Delhi government to file its response, and posted the matter for further hearing on August 22.
The court’s order, which is yet to be released, came on pleas filed by the two aggregators against the state government’s notifications in February this year, which banned all such operators from offering any bike-taxi services in the Capital under the Motor Vehicles Act, 1988, and also warned that riders found violating the rules will be fined up to ₹1 lakh and even face suspension of license for a minimum of three years.
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The petitioners said that no reason or rationale has been provided by the state government’s transport department for imposing such a ban.
To be sure, the Delhi transport department does not register any commercial two-wheelers.
Appearing for the Delhi government, its counsel Sameer Vashisth told the court that the public notice of February was in accordance with the Motor Vehicles Act, 1988 where it was mandated that two wheelers cannot be used as transport vehicles.
The counsel also said that a motorcycle cannot fall under a public service vehicle category or a transport vehicle.
He further contended that thus the petitioners are not entitled to regulate the business of using the two-wheelers as a transport vehicle, adding that motorcycles are not included within the definition of “motor cabs’’. Motor cabs, according to the law, means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward.
“It is pertinent to add that any vehicle being used as a taxi/passenger service vehicle has a higher obligation in terms of passenger safety, women safety etc., For instance, it has been mandated that all drivers of passenger service vehicles need a PSV Badge issued after Police verification. Further, there are obligations of GPS devices, panic buttons and other conditions stipulated while issuing a permit. The aggregators currently operating such two wheeler taxis are in flagrant violation of such conditions,” the Delhi government counsel said.
Advocate Vashisth also said that the draft Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023 has been prepared by the transport department, under the framework of Motor Vehicle Aggregator Guidelines, 2020 and has been placed before the Lieutenant Governor (L-G) for his approval.
Currently, three cab aggregators — Ola, Uber and Rapido — offer bike taxi services in the city.
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Meanwhile, Uber welcome the court order. “This will bring relief to drivers on our platform whose livelihood had been impacted by the ban as also to the hundreds and thousands of riders who choose to ride on Moto for affordability and last mile connectivity. We are committed to serving the city and being the platform of choice for riders and drivers alike,” its spokesperson said.
“It is a resounding victory and powerful testament to the immense impact bike taxis have on millions of people in our national capital. Bike taxis represent a transformative innovation for a thriving metropolis and a progressive nation like India, addressing the crippling challenges of traffic congestion, unemployment, affordability, last-mile connectivity, and environmental pollution head-on,” a Rapido spokesperson said.
