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The Karnataka High Court on Friday stayed a government rule which prohibits registration of two-wheelers with engine capacity below 100 cc with pillion seats.
The rule banning pillion seats in two-wheelers below 100 cc has existed since 1989 only in Karnataka but was not enforced. But in early October, the State government decided to enforce the ban.
Justice BV Nagarathna passed the order after the State government informed the court that it was contemplating amending the rule.
The High Court stayed the operation of Rule 143(3) of Karnataka Motor Vehicles Rules, 1989 and two notifications which prohibited registration below 100 CC two-wheelers with a pillion seat and use of such vehicles.
After the State government prohibited the registration of two-wheelers with engine capacity below 100 cc, sales of these vehicles nosedived with the dealers inundated with huge stocks. According to certain estimates, the sale of two-wheelers below 100 cc accounts for nearly 6 per cent of total vehicle sales in Bengaluru alone.
After the ban came into force, TVS Motor Company and Hero MotoCorp Ltd filed a petition in the court challenging the validity of rule 143(3) of KMV rules and the October 13 and October 23 notifications issued by the government authorities which resulted in the prohibition of fresh registration of below 100 cc two-wheelers with pillion seats.
The petitioners said the power to make any change vests with the Centre. They said section 110 of the Central Motor Vehicle Act, 1988 and Rule 123 of the CMV rules do not prescribe any engine capacity though they specify safety attachments to the two-wheelers with pillion seats.
After the ban was imposed the industry body, Society of Indian Automobile Manufacturers (SIAM) had said that such a ban was unprecedented and wanted the Karnataka government to lift it.
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