[igniteddriver]

Couple of us had asked these questions to Quickride when they setup a kiosk in our office as part of their campaign:
1. Legal implications: Is it legal for private cars to ferry passengers at a fee, even if the fee is credited as cash back points?
2. If there is an accident, isn't it possible that insurance can be denied on the grounds that the private car was used for commercial purpose (ferrying passengers at a fee) ?


They didn't have answers to both these questions. Quickride folks took our emails and told us they will get back to us on this, but they never did.


This is going to be a problem until we have a law that approves car-pooling or a verdict from a court that interprets existing laws to include car-pooling. Difficult times for ride sharers.

[ajmat]

Originally Posted by igniteddriver

Couple of us had asked these questions to Quickride when they setup a kiosk in our office as part of their campaign:
1. Legal implications: Is it legal for private cars to ferry passengers at a fee, even if the fee is credited as cash back points?
2. If there is an accident, isn't it possible that insurance can be denied on the grounds that the private car was used for commercial purpose (ferrying passengers at a fee) ?

.

You should address these questions to your employer who have allowed them to campaign in your campus. They have technically abetted you if you do get caught, Ask them to seek these answers in writing.

[DigitalOne]

Originally Posted by ajmat

I read in today's Bangalore Mirror that the traffic police here will not enforce this as a fully occupied car reduces congestion.

The traffic police was till sometime back actively encouraging Quick Ride. See their FB post here:

https://www.facebook.com/BangaloreTr...9351744797198/

Originally Posted by binand

The joke's on us:

https://www.thehindu.com/news/cities...le24667394.ece

"By using a mobile app, owners of private cars are reaching a contract with other passengers. Only yellow board taxis can ferry passengers by reaching a contract with them, like taxi aggregators do."

Basically, until the judiciary defines the term "hire and reward" clearly, this whole ridesharing/carpooling concept is going to be a problem.

Originally Posted by audioholic

Our lawmakers/bodies are a bunch of ****. Firstly, no common sense and practicality prevails. Then comes enforcement of the deepest clause of some rule which would have gathered dust when some officer has Vitamin M deficiency. And to add to all this, there will be clashes between government bodies. Here in this case, the Bangalore Traffic police endorses such apps since they understand the traffic issue. I am in total appreciation of them. However, the transport department is who is creating this issue. Now they suddenly realize that private vehicles are being misused.

The lawmakers and departments like RTO intentionally keep these archaic laws just to make money at their fancies and whims. Basically, whenever a particular lobby becomes stronger, they go after the rival services. When Ola/Uber came, then the govt acted in support of the local autos. Now Ola/Uber are no longer cheap, they have formed their own lobby and go against car-pooling apps.

[NetfreakBombay]

Originally Posted by igniteddriver

Couple of us had asked these questions to Quickride when they setup a kiosk in our office as part of their campaign:
1. Legal implications: Is it legal for private cars to ferry passengers at a fee, even if the fee is credited as cash back points?
2. If there is an accident, isn't it possible that insurance can be denied on the grounds that the private car was used for commercial purpose (ferrying passengers at a fee) ?

Insurance will be denied. Insurance contract is pretty clear on this.



For example, this incident reported on the forum. Car was stolen/robbed. Insurance claim was denied since driver had accepted paying passengers (800 Rs).



http://www.team-bhp.com/forum/street...on-needed.html



In case of death due to accident, owner can be liable for 50 lakh+ (depending on age and yearly income of deceased).

[MDED]

The worst fears have come to the fore. An owner of Hyundai Elite i20 was arrested, car seized, fine collected and case registered against him at a court in Bangalore for allegedly ferrying passengers every weekend from Bangalore to Hyderabad.
Link- https://www.rushlane.com/hyundai-i20...-12277451.html

IMO BlaBla car is a good option for reducing emission and saving some valuable money. The transport department officials punishing the car owner for being an economical Samaritan is pushing the limits too much. The RTO officials are claiming that white board vehicles are meant for personal use and not for making commercial gains. The need of the hour is a clear government rule governing these type of ride sharing services.

[hserus]

Originally Posted by MDED

IMO BlaBla car is a good option for reducing emission and saving some valuable money. The transport department officials punishing the car owner for being an economical Samaritan is pushing the limits too much. The RTO officials are claiming that white board vehicles are meant for personal use and not for making commercial gains. The need of the hour is a clear government rule governing these type of ride sharing services.

The motor vehicles act and insurance terms and conditions are crystal clear on the subject. Commercial use of the vehicle has some very specific terms and regulations in it, and white board vehicles cannot be let out for "hire or reward"

https://indiankanoon.org/doc/14430771/

Section 149 in The Motor Vehicles Act, 1988

(2) No sum shall be payable by an insurer ...
[...]
(a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:—
(i) a condition excluding the use of the vehicle—
(a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or

[etc]

[avinash_m]

Originally Posted by MDED

The worst fears have come to the fore. An owner of Hyundai Elite i20 was arrested, car seized, fine collected and case registered against him at a court in Bangalore for allegedly ferrying passengers every weekend from Bangalore to Hyderabad.

Law aside, this is quite sad really! Apart from the obvious benefits, it is a good non-digital networking medium as well. I started using the app about 8 months back, was a heavy user back then. Now it is moderate, but only because I know many people have gotten on to it and in fact swear by it, as their daily means of office commute, at least in the area that I live. Yet to hear any such case here but that may just be a matter of time now as this incident has been reported.

[TusharK]

Transport department officials in Karnataka are cracking down on private car owners who ferry passengers using carpooling apps. Vehicle owners using such apps for commercial gains are being booked and their vehicles are being impounded.



Officials impounded a Telangana registered Hyundai i20 for flouting various rules, including using a private car for commercial purpose and lapse of insurance. The owner had posted his vehicle details on a mobile app offering share rides. Transport officials posing as passengers used an app to book a ride on this vehicle for Rs. 1,600 and decided on a pick-up point, where the owner was questioned and booked. The owner was also charged with a fine of Rs. 2,000 by the court. Private cars offering share rides from Bangalore to Chennai and Hassan were also booked.

Transport officials claim that the concept of carpooling is being misused. There is no harm in people travelling in a group and sharing fuel costs, but carpooling for commercial gains is in violation of the rules. They also claim that in the event of an accident, the passengers are not entitled to compensation if they are travelling in a private car as they are not covered by the vehicle's insurance.

Source: The Hindu

Link to Team-BHP News

[girimajiananth]

Has anyone contacted quick ride / blah blah car / S-ride on this issue ? What do car pooling companies have to say on this ? Our sarkari babus are undisputed world champions at disrupting something that is useful for common man. These ride pooling apps have helped a lot us in saving petrol money or finding a ride to office when you miss your company transport or when you do not have your vehicle at your disposal. So should I stop using these apps now ? No more ride pooling ?

[deep_bang]

Why do I sense the Uber/ola lobby to be behind this? As far as I can say quickride works great in Bangalore and the price difference/experience is so stark that it has begun to affect ola/Uber even though quickride is limited to corporate folks only with verification mechanims etc.

[girimajiananth]

Originally Posted by deep_bang

Why do I sense the Uber/ola lobby to be behind this? As far as I can say quickride works great in Bangalore and the price difference/experience is so stark that it has begun to affect ola/Uber even though quickride is limited to corporate folks only with verification mechanims etc.

+1 to that. I am sure they have something do with this. This might be slightly off topic. There were lot of bad incidences with Ola/ Uber, why cant RTO ban Ola / Uber or any other cab aggregator ? How does one define using the car for commercial purposes ?

If I go out on a trip with my friends and split the petrol bill, is it illegal ? makes no sense. Where does one draw a line between ride sharing and commercial use ?

[chakri400]

BTP was actively advocating car pooling and now this? Really interested to know the response from these companies. I use quickride big time both for offering and taking rides. Quickride is a boon when compared to the options: no-lastmile-connect-BMTC or uber-expensive-at-driversmercy uber/olas.
Got to stop using QR until there is a clear direction.

You begin to think something is really working well for a change and then bad omen befalls! Hope better sense prevails and these apps will be legalised!

[alpha1]

Just to clarify, based on what I have read on this thread.
- Car pooling is not illegal
- Car pooling apps are not illegal
- Asking for money on car pooling apps is illegal if you use private registered vehicle

They also claim that in the event of an accident, the passengers are not entitled to compensation if they are travelling in a private car as they are not covered by the vehicle's insurance

Can any lawyer guide us about this.
My understanding is that insurance policy is primarily to guard against the claims from 3rd party. That, people use the insurance policy to repair their own cars is an optional add-on service.

So if I am a co-passenger, I cannot lay a claim on the driver of the vehicle unless it is yellow number plate? Sounds foolish.

[bejoy]

Originally Posted by girimajiananth

Has anyone contacted quick ride / blah blah car / S-ride on this issue ? What do car pooling companies have to say on this ? Our sarkari babus are undisputed world champions at disrupting something that is useful for common man. These ride pooling apps have helped a lot us in saving petrol money or finding a ride to office when you miss your company transport or when you do not have your vehicle at your disposal. So should I stop using these apps now ? No more ride pooling ?

Response from QuickRide shared by @silversteed here.

Request mods to merge the related posts from these threads here:

http://www.team-bhp.com/forum/street...ml#post4442980

http://www.team-bhp.com/forum/street...ml#post4444250

http://www.team-bhp.com/forum/street...ml#post4443165

[V.Narayan]

This is simply a case of technology and tele-communication running ahead of the law. A situation that occurs often especially over the last 25 years. In my mind there isn't a shred of doubt who is behind it - follow the money - Uber and Ola. In time it will become legal. Govt wants more licensed commercial vehicles out there as they yield more tax revenues over the vehicles life. If private vehicles start becoming half yellow it affects tax revenues. And so on. In my view eventually the law will have to change. Lets not curse the cops. Its their job to protect the law. It is the law that needs changing.