Rajat Kapoor v. Union of India & Anr.
Summary
The Delhi High Court has ruled that rules under the Central Motor Cars Rules, 1989 and the Motor Vehicles Act, 1988 apply to electric cars. The court emphasized the need for insurance coverage, helmets, and registration for electric vehicles. Advocate Rajat Kapoor filed a PIL to require insurance coverage for all electric vehicles, but the court dismissed it. The court emphasized that battery criteria for battery-operated vehicles have been established by the Union Government and advised the Delhi Government to ensure proper financial assistance is distributed. The court emphasized the need for specific laws for electric vehicles due to the rise of new businesses and increased demand.
About the case
The Delhi High Court has made it clear that rules under the Central Motor cars Rules, 1989 and the Motor Vehicles Act, 1988 that are pertinent to electric cars also apply to them. Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, sitting on a division bench, declared that e-bikes must have insurance coverage and that riders must wear helmets or other protective gear. They also stated that electric vehicles must be registered and subject to the same legal penalties as other vehicles.
In order to require insurance coverage for all electric vehicles, especially two- and three-wheelers, before they are given to the owner-purchaser and put on the road, Advocate Rajat Kapoor filed a PIL, which the court dismissed.
The court pointed out that criteria for batteries used in battery-operated or electric vehicles have previously been established by the Union Government and must be adhered to by manufacturers. As a result, it gave the Delhi Government instructions to keep making sure that the financial assistance it provides for electric vehicles registered in the nation’s capital is properly and promptly distributed.
The court dismissed the plea, noting that Kapoor’s assertions, charges, and issues were “largely unsubstantiated” and that the PIL had only been filed based on two news reports. The panel gave Kapoor advice and expressed its hope that he would take the appropriate care and caution before bringing such PILs in the future. According to the petition, there are a lot of electric cars on the road, and the absence of regulations governing their insurance is going to lead to a “situation of havoc” in the near future.
In this context, reference was made to Motor Vehicles Act of 1988, Section 146, which mandates insurance for all motor vehicles, including electric vehicles. It went on to say that there is an immediate need for appropriate law “that deals specifically with electric vehicles,” including two-wheelers and four-wheelers, due to the rise of several new businesses that cater only to electric vehicles and the spike in demand.
