ISLAMABAD: A three-judge Supreme Court bench has issued notices to a number of respondents in a case regarding permission to ride heavy bikes on the motorway, as the federal government believes the presence of such vehicles in high speed lanes is a danger to public safety.

The bench, headed by Justice Mushir Alam, issued notices on Monday to a number of respondents to explain their points of view. The case will be fixed for regular hearing later.

The controversy revolves around a joint appeal filed by the government through the Ministry of Communications and the inspector general of the National Highways and Motorway Police (NHMP) against a Dec 10, 2018 Islamabad High Court (IHC) decision in which the court ordered for the standard operating procedure (SOP) to ride motorcycles on the motorway to be improved.

Additional Attorney General Chaudhry Amir Rehman, representing the government, requested the SC to overturn the IHC judgement because it renders the relevant road safety laws redundant, allowing even Qingqi motorcycles on the motorway.

Federal govt, NHMP have filed appeal against IHC decision that ordered better SOPs for motorcycles on motorway

After the Islamabad-Lahore Motorway (M-2) was constructed, the Motorway Police (now the NHMP) was empowered under the National Highway Safety Ordinance 2000 (NHSO) to regulate and control traffic and maintain order on national highways.

Motorcycles were banned from entering M-2 from day one.

The policy was reflected in rule 202 of the Highways and Motorway Code, a government document containing road rules prepared in line with the Vienna Convention on Road Traffic 1968.

The only exception to the ban was 500cc motorcycles used by the Motorway Police for patrols, but this exception was also discontinued for safety reasons and the bikes were replaced by patrol cars.

On Dec 19, 2009, the Prime Minister Secretariat forwarded a request from the Lahore Bikers Club president Bhurhan M. Khan seeking permission to ride his motorcycle on the motorway. This request was denied by the NHMP on Feb 15, 2010.

But in a letter dated April 6, 2010, the NHMP decided in principle to allow 500cc and above motorcycles to run on motorways for three years, on the condition that the National Highway Authority (NHA) put in place necessary facilities such as a separate track for motorcycles with road markings and signboards. But the bikes would be allowed on motorways only on national days for which a limited number of cards with a validity period would be issued.

This conditional permission was withdrawn due to safety reasons in view of public complaints and the lack of adherence to mutually agreed upon SOPs by motorcyclists, particularly regarding speeding – even beyond 230 kilometres per hour – driving zigzag, sharp cuts and violating lane discipline, according to the appeal.

On April 28, 2013, two motorcyclists were issued tickets for driving at 232 to 236 km per hour, it added.

The withdrawal of this permission was challenged in the IHC on the grounds that no restrictions could be imposed because bikers possesses valid driver’s licences and their motorcycles were registered.

In addition, the concerned rules did not contain prohibitions to driving on the motorways and bikers spent a lot of money on their vehicles and paid import taxes.

The appeal before the SC has argued that conditional permission was granted at the request of the Lahore Bikers Club for trial purposes with directions to adhere to the SOP devised by the NHMP and the law. But it was observed that in addition to violating the SOP, motorcyclists also posed traffic hazards to other forms of traffic on the motorways.

The appeal argued that the volume of traffic on motorways has increased significantly, and there were only three lanes on each carriageway and no motorcycle track.

The appeal said mixing motorcycles with other vehicular traffic on a high speed road increases the risk of fatalities in case of accidents involving motorcycles.

It said even a slight tumble on the motorway would lead to low chances of survival for the motorcyclist because of the speed.

Motorcyclists would fall onto the road and would not be visible to oncoming traffic, the appeal said, which could result in the motorcyclist being run down by a vehicle. And if a vehicle brakes suddenly to save the fallen motorcyclist, there would be a high risk of a chain accident.

It said in the absence of a motorcycle track, it was neither safe nor feasible to mix motorcycles with other traffic, especially due to the creation of air pockets by heavy vehicles that may drag the motorcyclist.

Published in Dawn, January 7th, 2020