The Bombay High Court on Wednesday sought the response of the Central government and the State of Maharashtra to a petition raising concerns about passenger safety in vehicles operated by cab/ auto aggregators like Uber and Ola. .The petition was filed highlighting the risks passengers face despite the 2020 Motor Vehicle Aggregator Guidelines.The petitioner, squash coah Amitoj Inder Singh, moved the Court after being attacked by a driver operating under one of these ride-hailing platforms in April 2018.The petitioner said there should be stronger safety measures to prevent such attacks.Singh, a frequent user of Uber and Ola, called for aggregators to be held accountable for criminal acts committed by their drivers and for enhanced safety protocols.During the hearing, a bench consisting of Chief Justice DK Upadhyaya and Justice Amit Borkar questioned the petitioner's request for directions to legislate, with the Chief Justice asking, “How can it be done? Three of your prayers seek to frame rules.” However, after clarification from the petitioner's counsel that the request was not for new legislation but for the enforcement of existing guidelines, the Court issued notice to the Union and the Maharashtra governments and directed them to respond within three weeks. .In his petition, Singh argued that the Motor Vehicle Aggregator Guidelines, 2020 issued by the Ministry of Road Transport & Highways, are insufficient to ensure passenger safety. While the guidelines include some provisions for safety, they lack binding compliance measures. According to the plea, there are no laws or regulations that make aggregators criminally or civilly liable for the actions of their drivers. Hence, there should be more effective implementation of regulatory mechanisms to improve safety, including mandatory driver background checks, the installation of 360-degree CCTV cameras in vehicles, real-time GPS tracking, incident reporting portals and upfront risk disclaimers for passengers using the services, the plea said..Additionally, he prayed that ride-hailing platforms like Uber and Ola should be made liable for any criminal acts committed by their drivers during rides since the companies control every aspect of the ride from fares to routes but remain largely unaccountable for incidents like assaults. .According to the plea, services like Uber and Ola are functioning in a legal vacuum with no regulatory framework in place to ensure the safety of passengers or hold aggregators accountable for the actions of their drivers..In an earlier order passed on March 7, 2022, the High Court had required all cab aggregators to apply for licenses under the Motor Vehicles (Amendment) Act and the 2020 Aggregators Guidelines. It had further directed the Maharashtra government to file an affidavit detailing the steps taken to comply with the March 2022 directive, which included finalizing the draft rules, issuing licenses and establishing an appellate authority. .During today's hearing, the State counsel apprised the Court that the licensing system is being implemented as per its earlier order. The Court asked the State to file a compliance affidavit in this regard and posted the case for further hearing on January 29, 2025..Advocate Wesley Menezes along with advocate Ayaan Bhattacharyya and Steven Anthony instructed by Saamya Partners appeared for petitioner.Government Pleader PH Kantharia with Additional Government Pleader Jyoti Chavan appeared for State.
