The Hindu: Kochi: Saturday, 17 September 2022.
Vehicles with motor power less than 0.25kW, weighing less than 60 kg excluding the battery, and with a maximum speed limit of not exceeding 25 km/hour do not qualify as motor vehicles
What happens when an electric two-wheeler exempted from the Motor Vehicles Act, taxation, insurance and even the need for a driving licence to be ridden gets involved in an accident?
When asked where the injured should approach for securing insurance claim in such an event, the Motor Vehicles department (MVD), in response to a Right to Information (RTI) application, said it did not possess related information since such vehicles do not qualify as motor vehicles and were exempted from the Motor Vehicles Act and related regulations.
To another query by RTI activist Raju Vazhakkala, the State Public Information Officer with the Transport Commissionerate clarified that vehicles with motor power less than 0.25kW, weighing less than 60 kg excluding the battery, and with a maximum speed limit of not exceeding 25 km/hour do not qualify as motor vehicles. They also remain exempted from the Kerala Motor Vehicles Taxation Act and insurance and neither does the rider require a driving licence.
“There is a grey area when it comes to accidents involving such vehicles. I was reminded of this when I got almost knocked down by such an electric two-wheeler. The responsibility is not fixed with regard to payment of compensation. Also, there is the danger of minors recklessly riding them around since no driving licence is required,” said Mr. Vazhakkala.
The MVD sources admitted that better clarity is needed on this aspect. “Theoretically at least, such vehicles cannot cause fatal accidents since a minimum speed of 35 km/hour is needed to generate the kind of impact for such vehicles to cause fatalities. However, if a fatality does take place, relevant sections of the law applicable to reckless and negligent acts become applicable here, just as may be the case if a speeding cyclist causes such an accident,” said a senior MVD official.
He pointed out that incidents of e-vehicle dealers cheating customers by selling them vehicles which can muster speeds well in excess of 25 km/hour by creating the impression that registration and taxation are not applicable are on the rise.
Dijo Kappan, chairman of the Public Transport Conservation Committee, said certain regulations should be made applicable to such vehicles considering that their numbers are likely to surge with the government adopting a public policy to promote electric vehicles. “When even crops are insured, why not insure these vehicles?” he asks.
The police said since such vehicles do not have insurance coverage, the victims or their relatives will have to claim the damages through civil suit.
“We are not stopped from registering a case though. IPC Sections 304 A, 279, 336, 337, and 338 are applicable as the case may warrant as these do not specifically mention about driving but, in general, mention about any rash and negligent act endangering life or personal safety. That is why these sections are also invoked in cases about half-baked road restoration works, dangerously dangling cables or protruding objects,” said S. Sanal, Station House Officer, Palarivattom.
Vehicles with motor power less than 0.25kW, weighing less than 60 kg excluding the battery, and with a maximum speed limit of not exceeding 25 km/hour do not qualify as motor vehicles
What happens when an electric two-wheeler exempted from the Motor Vehicles Act, taxation, insurance and even the need for a driving licence to be ridden gets involved in an accident?
When asked where the injured should approach for securing insurance claim in such an event, the Motor Vehicles department (MVD), in response to a Right to Information (RTI) application, said it did not possess related information since such vehicles do not qualify as motor vehicles and were exempted from the Motor Vehicles Act and related regulations.
To another query by RTI activist Raju Vazhakkala, the State Public Information Officer with the Transport Commissionerate clarified that vehicles with motor power less than 0.25kW, weighing less than 60 kg excluding the battery, and with a maximum speed limit of not exceeding 25 km/hour do not qualify as motor vehicles. They also remain exempted from the Kerala Motor Vehicles Taxation Act and insurance and neither does the rider require a driving licence.
“There is a grey area when it comes to accidents involving such vehicles. I was reminded of this when I got almost knocked down by such an electric two-wheeler. The responsibility is not fixed with regard to payment of compensation. Also, there is the danger of minors recklessly riding them around since no driving licence is required,” said Mr. Vazhakkala.
The MVD sources admitted that better clarity is needed on this aspect. “Theoretically at least, such vehicles cannot cause fatal accidents since a minimum speed of 35 km/hour is needed to generate the kind of impact for such vehicles to cause fatalities. However, if a fatality does take place, relevant sections of the law applicable to reckless and negligent acts become applicable here, just as may be the case if a speeding cyclist causes such an accident,” said a senior MVD official.
He pointed out that incidents of e-vehicle dealers cheating customers by selling them vehicles which can muster speeds well in excess of 25 km/hour by creating the impression that registration and taxation are not applicable are on the rise.
Dijo Kappan, chairman of the Public Transport Conservation Committee, said certain regulations should be made applicable to such vehicles considering that their numbers are likely to surge with the government adopting a public policy to promote electric vehicles. “When even crops are insured, why not insure these vehicles?” he asks.
The police said since such vehicles do not have insurance coverage, the victims or their relatives will have to claim the damages through civil suit.
“We are not stopped from registering a case though. IPC Sections 304 A, 279, 336, 337, and 338 are applicable as the case may warrant as these do not specifically mention about driving but, in general, mention about any rash and negligent act endangering life or personal safety. That is why these sections are also invoked in cases about half-baked road restoration works, dangerously dangling cables or protruding objects,” said S. Sanal, Station House Officer, Palarivattom.
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