Earlier in the day, the Delhi High Court ordered stopping e-rickshaws from plying in the national capital "as of now" and observed that in the present situation "plying of e- rickshaws is illegal".
"We had prepared a draft Cabinet note and circulated it to different ministries 15 days back... Once we get their views, we will incorporate their views and take a decision and send it to the Cabinet Secretariat," a Road Transport and Highways Ministry official said.
"We took a decision that an advisory will be sent to state governments (that e-rickshaws should be regulated) under the local bodies Act, Municipal Corporation Act and the local police Act which provides for registration of non-motorised vehicles and also traffic regulations. Decision should be left to local authorities," he said.
The official said Road Transport and Highways Minister Nitin Gadkari after hearing the plight of e-rickshaw owners last month had instructed "us that e-rickshaws with a power of 650 Watts and below should be taken out of the ambit of Motor Vehicles Act and accordingly a Cabinet note was circulated a fortnight back".
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As per the advisory being sent to states, "The definition of 'motor vehicle' ... In Motor Vehicles Act, 1988 has been amended inter alia to exempt three-wheeled electric motor propelled vehicles with engine capacity less than or equal to 650W from the purview of Central Motor Vehicle Act, 1988.
"As a consequence, three-wheeled electric motor propelled vehicles with engine capacity less than or equal to 650 W... Are now covered under entry 8 of List II state list, on which state governments have powers to make law."
"Only the owners should be permitted to drive such vehicles...Not more than four passengers and a maximum of 50 kg of passengers' luggage should be allowed in a vehicle," it said.
Besides it has prescribed a uniform colour code - sky-blue, yellow or purple for such vehicles and directed that the name, address and phone number of the driver should be displayed prominently on the vehicle.