Under the Motor Vehicle Act, 1989, there exists a provision that doesn’t allow pillion riders on motorcycles below 100cc, and until now, this was being circumvented using a ‘type approval certificate’.
Now, however, a High Court case between an accident victim, who was a pillion rider, and an insurance company has led to the court asking why the law wasn’t adhered to. The Transport Minister HM Revanna stated, “Responding to the HC’s direction, we filed an affidavit that we will comply with the Motor Vehicles Act, which does not allow pillion riding on bikes up to 100cc.”
The Transport Department issues ‘type approval certificate’ to manufacturing companies, after approval from agencies like ARAI and CIRI for 1+1 to the two-wheelers attached pillion rider seat, but after this ruling, these type certificates won’t be issued any longer. These will only apply to vehicles sold henceforth.
Hero is the biggest loser here, its HF Deluxe, Splendor +, Splendor Pro and Passion Pro all displace 97.2cc. Most scooters are safely above the limit, but the TVS Scooty Pep and the Comfort variant of the highly popular XL100 will be affected by this ban.
Some manufacturers are currently evaluating the legal status of this ruling and are contemplating appealing for a stay order.
