‘Rules on insurance, helmets apply to electric two-wheelers’: Delhi HC
The PIL also sought the court’s direction to the authorities for mandatory wearing of helmet on all types of electric motorcycles and scooters.
NEW DELHI: The High Court, on Thursday, said that existing rules on mandatory insurance cover, wearing helmet on two-wheelers and penal action for non-compliance are already applicable to electric vehicles. The court’s order came while dismissing a PIL seeking directions to the authorities to make insurance cover compulsory for electric two-wheelers in accordance with the provisions of the Motor Vehicle Act.
The PIL also sought the court’s direction to the authorities for mandatory wearing of helmet on all types of electric motorcycles and scooters. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the PIL was filed solely on the basis of two news reports and the issues raised by the petitioner largely remain unsubstantiated. Such “frivolous PILs”, instead of enabling access to justice, actually hinder it by “wasting precious judicial time,” the bench said.
Petitioner Rajat Kapoor, submitted in his plea that under Section 146 of the MV Act, it is compulsory to obtain an insurance policy against third party risk caused by the use of a motor vehicle. He contended that the provision does not cover EVs and that the Delhi Electric Vehicles Policy, 2020 covers a variety of issues pertaining to EVs but not the issue of insurance policy to be obtained in respect of EVs.
“As relevant provisions of the MV Act and Central Motor Vehicles (CMV) Rules are already applicable to EVs, specifically pertaining to mandatory insurance cover, wearing of headgear on two-wheelers and penal provisions for non-compliance of the provisions, this court is of the opinion that no orders or directions are required to be passed in this respect,” the bench said.
The court also held that the Union of India has already prescribed standards to be followed by manufacturers for batteries to be used in battery operated vehicles/ EVs. Thus there is no need for any orders or directions to be passed by this court, said the bench.