Less than 100 CC bikes get a breather, HC stays ban order

First Published 4, Nov 2017, 3:38 PM IST
Less than 100 CC bikes get a breather HC stays ban order
Highlights
  • The Karnataka High Court has issued an interim stay order to State’s order banning two wheeler vehicles with less than 100 cc capacity having pillion seats.
  • Hence the registration of less than 100 CC two wheelers will continue in the State, until such time as an amendment to Motor Act is issued. 
  • The single judge bench inquired into an application submitted by TVS Motor Company Ltd and Hero Motocorp Ltd appealing to squash the order.
  • The motor companies have taken the required safety measures while fixing the pillion seats according to Central Act, argued the motor companies lawyer.

The Karnataka High Court has issued an interim stay order, on Friday, to State Government’s order banning two wheeler vehicles with less than 100 cc capacity having pillion seats. Hence the registration of less than 100 CC two wheelers will continue in the State, reported Kannada Prabha.

The single judge bench headed by Justice B V Nagarathna inquired into an application submitted by TVS Motor Company Ltd and Hero Motocorp Ltd appealing to squash the order by the State Government. The Court stayed the order of the State Government banning registration of two wheelers of less than 100 CC capacity with pillion seats until such time as the Karnataka Motor Vehicles Act 1989 section 143 (3) is amended.  

Earlier, the lawyers representing the appellant companies argued that the State Government had issued an order, under Karnataka Motor Vehicles Act 1989 section 143 (3),  banning two-wheelers with less than 100 CC capacity with pillion seats to be banned from registration on Oct 13. But the Motor Vehicles Act is a Central Government Act and the State Government has issued the ban without making appropriate amendment to the Act.  Under the Central Government Act, provision is provided to fix a pillion seats in less than 100 CC capacity vehicles with appropriate safety measures. The motor companies have taken the required safety measures while fixing the pillion seats according to Central Act.

In response the consul for State said the State Government will make amendment to the Act.  Hence the court issued an interim stay order to the circular.

 

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