Consider Applications Seeking Permits For Motorcycle Taxis Within 2 Months, Karnataka High Court Directs State

The Karnataka High Court has directed the State government to in two months time consider and decide on the representation made for grant of permits for running a motorcycle taxi service in the state. The petitioners had contended that section 2 of the Motor Vehicle Act, 1988, defines contract carriage, which is an inclusive definition and the power of the Central and State Government to control transport vehicles which also includes a contract carriage and the provisions dealing with application for contract carriage permit namely. Accordingly, permission is being sought for running a motorcycle taxi being a transport vehicle as per Notification dated 05/11/2004 as the appellant is seeking permission to run a motorcycle contract carriage permit. Even as per the Central Government Notification such a motorcycle used for hire would, prima facie, come within the definition of contract carriage as defined under sub-section of Section 2 of the MV Act, 1988." The definition of contract carriage, is an inclusive definition and not an exhaustive one, which would include even a motorcycle taxi which is to be used for hire or reward on which a passenger could be carried on pillion as it is categorized as a transport vehicle by issuance of notification by the Central Government under the provisions of the MV Act, 1988."