Motorcycles can be registered as transport vehicles under Karnataka aggregator rules: Uber to HC

Bengaluru: Karnataka's On-Demand Transportation Technology Aggregators Rules define taxis as motor cabs carrying up to six passengers and hence a motorcycle can also be registered as a transport vehicle, the advocate representing online cab aggregator Uber argued before the high court on Thursday. 

Senior advocate V Srinivas Raghavan, appearing for Uber, made this submission before a division bench of acting Chief Justice V Kameshwar Rao and Justice C M Joshi. 

The division bench is hearing a batch of appeals challenging a single-bench order that ruled in April this year that unless the state government notifies relevant guidelines under Section 93 of the Motor Vehicles Act and the rules thereunder, bike taxi services cannot operate. It added that measures are always open to the state government to frame such guidelines. 

Raghavan stated that since the division bench, in an earlier round of litigation, had interpreted that motorcycles qualify as transport vehicles, such registered transport vehicles cannot be denied contract carriage permits.

He also submitted that the union government holds the authority over transport vehicle registration with regard to its numbers on various grounds, and the state lacks power to refuse such registrations. 

Senior advocate K Arun Kumar, appearing for Ola, submitted that while the single-bench order was in agreement on registration of motorcycles as transport vehicles, it had declined to intervene, saying the state has refused to allow bike taxis as a policy decision. He said the state's authority to implement a policy decision against bike taxis violates the petitioners’ right under Article 19(1)(g) of the Constitution. 

The appeals have been filed by aggregators such as Uber India Systems, ANI Technologies Private Limited (OLA), Roppen Transportation Services Pvt Ltd (Rapido) and certain others, including a motorcycle owner and a woman traveller. 

The division bench has tentatively adjourned the hearing until Friday.