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BENGALURU: In a setback for Rapido, Ola and Uber, Karnataka high court Wednesday directed them to stop operating bike taxi services in six weeks.
Justice BM Shyam Prasad gave the direction while disposing of their petitions filed in 2022-23, seeking direction to the state govt for the issuance of aggregator permits.
The judge issued a direction to the state govt to ensure the petitioners stop their bike taxi services within the time specified in the order. Unless the state govt notifies relevant guidelines under Section 93 of the Motor Vehicles Act and the rules framed thereunder, the petitioners cannot operate bike taxi services, and no directions can be issued to the state govt to consider their applications seeking grant of aggregator permits or licences, the judge said in his order.
However, the judge mentioned that it is always open to the state govt to take measures — framing guidelines for bike taxi services.
The petitioners had sought a direction to the state govt to take action to permit the registration of motorcycles as transport vehicles having yellow registration plates in terms of the Motor Vehicles Act and Rules. Further, a direction was sought to the authorities not to interfere with the bike taxi service business of the petitioner companies.
Opposing the petitions, the state govt argued the petitions are not maintainable as the petitioners were using privately owned motorcycles, which are meant for personal use of their registered owners, to operate bike taxi services. The state govt further contended that the applications sent through email were not received by the transport department and added that the petitioners are at liberty to submit applications to the prescribed authority with regard to a licence to operate an electric bike taxi scheme, which was finalised in 2021.
“The application filed for the grant of a licence under Karnataka On-Demand Transportation Aggregator Rules 2016 cannot be considered as there is no provision to grant a licence for the motorcycle taxi aggregator,” the state govt further argued.
“The petitioners are using non-transport two-wheelers as transport vehicles carrying a pillion rider for hire and reward without converting them into transport vehicles. The ride-sharing model using motorbikes is not permitted under Section 66 of the Motor Vehicles Act. Section 66 disallows the use of any vehicle as a transport vehicle in a public place except in accordance with the permit granted or countersigned by the Regional Transport Authority or the State Transport Authority,” the state govt contended while seeking dismissal of the petitions.