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This is an archive article published on February 16, 2024

Centre tells states to allow motorcycles to ply as bike taxis; Rapido calls it ‘pivotal moment’

The Karnataka High Court had granted interim protection to Rapido in 2021 against any coercive action by the state government after the transport department cracked down on the operations of the bike taxi app.

rapido orderThe ban on bike taxi apps has been a long-standing demand of autorickshaw drivers in Bengaluru. (File Photo)

In what comes as a huge relief for Rapido and other bike taxi operating apps such as Uber, Ola and Wicked Ride, the central government in an advisory to state governments and Union Territories and transport departments has directed to accept and process contract carriage permits for motorcycles in line with the provisions of Motor Vehicle Act.

This comes amidst bike taxi apps such as Rapido and state governments, including Karnataka government, locking horns over the legality of the apps.

The Karnataka High Court had granted interim protection to Rapido in 2021 against any coercive action by the state government after the transport department cracked down on the operations of the bike taxi app.

S K Geeva, under secretary, Ministry of Road Transport and Highways, in an advisory dated January 22, stated that, “I am directed to say that it has been brought to the notice of this Ministry that certain States/ UTs are, while processing applications for grant of permit, taking a view that ‘motor cycle’ is not eligible to ply under contract carriage or operate as a transport vehicle.”

The advisory stated that based on the definition of contract carriage provided in Section 2(7) of the Motor Vehicles Act, 1988 (“the MV Act”), ‘motorcycles’ shall fall within the ambit of Section 2(7) of the Motor Vehicles Act 3.

“It may be noted that the above position is also evident from sub-section (3) of section 178 of the MV Act which imposes a fine up to fifty rupees on the holder of a contract carriage permit for a two-wheeled contract carriage or the driver thereof, for refusal to ply the same or to carry the passengers. Accordingly, all the States/ UTs are advised to accept and process applications for contract carriage permits for motorcycles in accordance with the provisions of the MV Act and the rules thereunder,” the advisory stated.

The ban on bike taxi apps has been a long-standing demand of autorickshaw drivers in Bengaluru. The autorickshaw drivers alleged that operating bike taxis with a white board is ‘illegal’ and is destroying the livelihoods of lakhs of auto drivers in the city.

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The Federation of Private Transport Operators Association had demanded Transport Minister Ramalinga Reddy to ban bike taxi apps, as part of their 36 demands submitted to the transport department.

Describing the Centre’s intervention as a pivotal moment for the industry, a Rapido spokesperson said, “We commend the Centre’s proactive stance in clarifying the regulatory landscape for bike taxis. We find the recent advisory from the Centre to be incredibly encouraging, as it clarifies the legal standing of bike taxis opening up new avenues for transportation and income generation. Now, more than ever, we urge the state governments to support us by aligning their procedures and guidelines with this advisory, facilitating the issuance of contract carriage permits to motorcycles.”

Rapido called for support from the government to revolutionize transportation in India.

Mobility expert Abhishek Awasthi, who is a senior partner of AZB & Partners, said that the Centre has cleared the regulatory dilemma with the advisory. “It is clear from the advisory that two wheelers are covered under the definition Motor Vehicles. The state governments should follow the advisory and register and issue contract carriage permits to two wheelers.”

Sanath Prasad is a senior sub-editor and reporter with the Bengaluru bureau of Indian Express. He covers education, transport, infrastructure and trends and issues integral to Bengaluru. He holds more than two years of reporting experience in Karnataka. His major works include the impact of Hijab ban on Muslim girls in Karnataka, tracing the lives of the victims of Kerala cannibalism, exploring the trends in dairy market of Karnataka in the aftermath of Amul-Nandini controversy, and Karnataka State Elections among others. If he is not writing, he keeps himself engaged with badminton, swimming, and loves exploring. ... Read More

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