August 2, 2014

Taking E-Ricksaw out of Motor Vehicle Act could be another legal blunder - 2 Legal Reasons

High Court has banned E-Ricksaw for lack of policy and statutory laws.

It appears that an attempt is being made to take out E-Ricksaw from moter vehicle Act.

In my view this could be against the law for TWO reasons.

1) Any kind of Vehicle which is run by a motor, is motor vehicle. All 'Juggad' vehicles are also motor vehicle as per Supreme Court Judgement.

2) There has been cases where even "Sugarcane Juice Making Machine" is held to be motor vehicle, run by a motor. I was surprised when I had read this judgement long ago. But law is law.

Conclusion

1) Any attempt to take out E-Rickshaw from operation of Motor Vehicle Act may be challenged in court and court may not approve such attempt.

2) E-Rickshaw is run by a motor. Here, the Public Interest, is at risk. Laws needed to specify

a) Specification of E-Rickshaw,

b) ownership registration,

c) capability of being insured against third party loss of life in accident

d) minimum educational qualification of drivers

e) Registration of drivers.

Nothing short of this may satisfy courtsं. 

Haresh Raichura
2/8/2014