NEW DELHI: In a recent decision, the Delhi High Court declined two petitions requesting permission for two-wheelers to access all national highways and expressways, reinforcing the safety rationale behind restricting these vehicles from high-speed roads. Chief Justice Manmohan and Justice Tushar Rao Gedela upheld a 2018 notification from the National Highway Authority of India (NHAI) that prohibits two-wheelers on access-controlled expressways.
The first petition was a public interest litigation (PIL) filed by Gautam Kumar Laha, who sought to nullify the NHAI’s notification and the `20,000 penalty imposed on motorcyclists who violate the ban. The second petition came from Sidhant Malaiya, a motorcycle enthusiast, who not only challenged the notification but also urged the court to create clear guidelines for two-wheeler usage on highways and expressways.
The court referenced a prior ruling in Yuvraj Francis v. Union of India, which highlighted the safety risks of allowing two-wheelers on expressways where high-speed vehicles are prevalent.
The court stated, “The said judgment in Yuvraj Francis provides sufficient reasons,” adding that “the varying speeds of different types of vehicles make it difficult for drivers to judge distances, increasing the risk of collisions”.
In the Francis judgment, the court observed that the presence of two-wheelers, three-wheelers, and other slower vehicles on expressways inherently increases the danger for all road users. The combination of high-speed cars with slower-moving vehicles creates a significant disparity, making expressways unsuitable for two-wheelers.
However, in a concession to the PIL petitioner Gautam Kumar Laha, the Court allowed him to submit a representation to the NHAI about the penalty amount. The Court directed NHAI to review and decide on his submission within four weeks, though the broader prohibition on two-wheelers remains unchanged.