First the confusion over the sale of BS-III compliant two-wheelers earlier this year and now another bizarre ruling has come into effect in Karnataka that disallows the commute of pillion riders on commuter segment motorcycles or sub-100cc two-wheelers. While this law was finding a way around through by obtaining a ‘type approval certificate’, fresh issues rose up at the Karnataka High Court between an accident victim (pillion rider) and an insurance company. The Karnataka High Court questioned the transport department on why the Act wasn’t being followed. In response, HM Revanna, Minister of Transport informed Bangalore Mirror “Responding to the HC’s direction, we filed an affidavit that we will comply with the Motor Vehicles Act, which does not allow pillion riding on bikes up to 100cc.”
Motor Vehicle Act, 1989 has a provision that disallows pillion riders on motorcycles below 100cc. But, till now the transport government issued the ‘type approval certificate’ obtaining it from agencies like ARAI that allowed 1+1 seating on two-wheelers. Going forward, the Transport Department of Karnataka will not be issuing any such certificate. This poorly charted legislation will not apply to existing two-wheelers on the road, but only to new vehicles sold.
Most of the commuter segments two-wheelers right now cater to 110cc and 125cc category. However, India’s largest two-wheeler manufacturer Hero Motorcorp might lose out on sale of its Hero HF Deluxe, Hero Splendor+ and Hero Passion Pro whose displacement is 97.2 cc. TVS Motor Co too sells its TVS Scooty Pep scooter and the TVS XC100 moped whose engine displacement is below 100 cc. However, it is not difficult to retune these engines and make it just above the 100 cc mark, for instance the infamous diesel ban in Delhi/NCR on over 2L diesel engines saw Mahindra and Mahindra quickly introducing its retuned 1.99L diesel engine. But re-tuning the engine and placing single seat just for one state is difficult and would require some investment and hard work.
Two-wheeler industry is currently evaluating the legal status of this ruling and might appeal for a stay order. Authorities have also proposed a reduction from 100cc to 50cc.
The motive of Karnataka Government to reduce the number of accidents in the state is right and there is nothing against the thought but such bizarre ruling is not the right way, instead enforcement of rules like mandatory helmets, strict penalty on under age riding and rash riding, improving road quality might further help the cause rather than such ruling that’s just going to create confusion and chaos all around.
