Delhi High Court upholds ban on two-wheelers on Expressways

Delhi High Court declines petitions to allow two-wheelers on Expressways, citing safety concerns and existing regulations.

The Delhi High Court has declined to entertain two petitions seeking a direction to the Centre and the National Highway Authority of India (NHAI) to permit two-wheelers on all Expressways.

The Court reminded the petitioners that the regulatory framework includes clear provisions prohibiting slow-moving vehicles on designated Expressways.

For instance, the Delhi-Meerut Expressway and Eastern Peripheral Expressway were developed as high-speed corridors. The movement of high-speed vehicles poses a risk to the safety of certain vehicles; thus, two-wheelers, three-wheelers, and other slow-moving vehicles, such as tractors, are prohibited as per the Gazette Notifications dated June 14, 2018, and January 15, 2021.

The two petitions — one a Public Interest Litigation and the other a writ petition filed by motorcycle enthusiasts — challenged these notifications. They also opposed the imposition of a hefty penalty of ₹20,000 on two-wheelers, three-wheelers, and others for purported violations of the rules on Expressways.

The plea argued that there is no rationale or nexus in restricting certain types of vehicles from plying on Expressways. It sought a direction for the government to frame guidelines for the use of two-wheelers on National Highways and Expressways.

A Bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela noted that the rationale behind the ban on two-wheelers on Expressways was discussed by another Bench of the Court on October 17 last year.

In its October 2023 judgment, the Court highlighted “the inherent vulnerability of slow-moving vehicles, notably two-wheelers, three-wheelers, tractors, and similar vehicles, when juxtaposed against high-speed vehicles.”