FRONT PAGE | Tuesday, November 18, 2008 | Email | Print | 
Court bans registration of bikes in MP
Nidhi Sharma | New Delhi
You can no longer buy a motorcycle in Madhya Pradesh. A recent high court directive in a public interest litigation (PIL) has debarred the Madhya Pradesh Government from registering any motorcycle in the State if it does not have necessary "safety features".
Following the court's order, the State Government has stopped registration of motorcycles since November 1. Speaking to The Pioneer, Madhya Pradesh Transport Commissioner NK Tripathi confirmed this and said: "We have stopped registering motorcycles since November 1 and have asked the dealers also not to sell motorcycles in the State if they do not have safety features."
The interim order was given on a PIL filed by a Jabalpur resident, Gyan Prakash, who had raised the question of safety gear on motorcycles in the wake of several fatal road accidents. He had furnished some photographs and news clippings to show that motorcycles in Madhya Pradesh flouted safety rules laid down in the Motor Vehicles Act.
Rule 123 of the Motor Vehicles Act says: "No motorcycle (which has a provision for pillion rider) shall be constructed without provision for a permanent hand grip on the side or behind the driver's seat and a foot rest and a protective device covering not less than half of the rear wheel so as to prevent the clothes of the person sitting on the pillion from being entangled in the wheel."
The division bench appointed registrar (vigilance) in Madhya Pradesh High Court to personally inspect motorcycles and submit a report. He inspected 146 motorcycles and gave his report that none of the motorcycles conformed to standards laid down in Rule 123 of MV Act. The bench endorsed the report and directed the Transport Commissioner not to register motorcycles if they failed to comply with Rule 123.
Tripathi said: "This is an interim order but so far we have not registered a single motorcycle. We have put our views before the court. It is for the aggrieved dealers and manufacturers to go in for a revision of this order." The MP transport department has said that it based the registration after approval of motorcycle models by Automotive Research Association of India (ARAI).
Before the high court directive, Madhya Pradesh registered about 200-300 two-wheelers, mostly motorcycles, daily. After the interim order, none of the regional transport offices (RTOs) have registered motorcycles. This has led to a loss of revenue for the Government in terms of tax on two-wheelers. The manufacturers have been the worst hit.
On the last date of hearing on November 10, the Society of Indian Automobile Manufacturers (SIAM) and ARAI have filed affidavits asking the court to vacate this stay on registration as the safety features are present in all models of motorcycles. The division bench, which comprises of Chief Justice AK Patnaik also, has reserved its order now.
The order has tied the Centre and the State Governments in knots.
A senior official of the Ministry said: "We have now decided to ask ARAI to intervene and assure the court that the motorcycles are safe." According to Ministry sources, there could be a change in models of motorcycle - which is the only way out of the present mess. A senior official said: "The dealers and manufacturers are suffering a big loss. So they might offer to add a few safety features in motorcycles to get some relief from court."
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