The Delhi High Court has recently dismissed 2 petitions seeking permission for 2-wheelers to operate on all National Highways and Expressways.
One petition was a public interest litigation filed by Gautam Kumar Laha, challenging a 2018 notification by the National Highway Authority of India (NHAI) that prohibits 2-wheelers from entering access-controlled expressways.
Laha’s petition also contested the ₹20,000 fine imposed on motorcyclists violating this rule.
The second petition, filed by motorcycle enthusiast Sidhant Malaiya, not only sought the quashing of the 2018 notification but also requested permission for 2-wheelers to be allowed on all highways and expressways. Additionally, it called for the establishment of guidelines for two-wheeler use on these roads.
A Bench consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela rejected the petitions, citing the earlier judgment in Yuvraj Francis v. Union of India & Ors., which had already addressed similar issues. The court noted that the previous judgment provided sufficient reasoning for restricting two-wheelers on expressways.
In the Yuvraj Francis case, the High Court had ruled that allowing two-wheelers on expressways poses safety risks due to the speed disparity between high-speed vehicles and slower-moving two-wheelers. The court had highlighted the vulnerability of slower vehicles like two-wheelers when traveling alongside faster vehicles, increasing the risk of accidents.
The judgment also emphasized that the difference in speed makes it difficult for drivers to judge distances accurately, which further escalates the danger.
As the Yuvraj Francis ruling was made by a Division Bench, the court found no reason to reconsider it in this case.
However, regarding the ₹20,000 fine, the court allowed Gautam Kumar Laha to submit a representation to NHAI, asking for a review of the penalty. The court directed NHAI to respond to the representation within 4 weeks.
Thus, while the court upheld the restriction on two-wheelers using expressways, it provided a window for reconsideration of the penalty imposed on motorcyclists.
