Motorcycle owners are calling on the Government to amend the Motor Traffic Act, permitting the registration of locally-assembled high-capacity motorcycles above 450cc without incurring penalties.
They argue that many owners of these motorcycles are young individuals who cannot afford the substantial penalties required for registering their bikes to ride legally on the roads.
High-capacity motorcycles are usually characterised by larger engine displacements, typically exceeding 450cc. These motorcycles are engineered for enhanced performance, offering greater speed and power compared to their smaller counterparts. They encompass various types such as sport bikes, touring bikes, cruisers, and adventure bikes.
Present situation
Speaking to The Sunday Morning, Ceylon Motorcyclists’ Association (CMA) President Chirantha Amarasinghe emphasised that owning a high-capacity motorcycle was a cherished aspiration among the youth.
He highlighted that the promise of facilitating registration for these motorcycles had been made during the election campaign of former President Gotabaya Rajapaksa. However, despite this, many motorcycle enthusiasts continue to yearn for the opportunity to legally ride their registered motorcycles on the road.
“At present, you can register motorcycles up to 1,300cc in this country according to Gazette No.18/85/23 published in 2023. There’s no prohibition against riding a motor bicycle of a certain capacity. If you have a proper driving licence, you can ride any type of motorcycle. Even at this moment, there are motorcycles on the road that were registered around 1998 and are of high capacity,” he said.
He explained that only one or two motorcycles were registered for sports purposes. “If you pay taxes, there is no issue. Most of the motorcycles registered until 2014 and perhaps 2016 are those above 450cc. They were all registered by paying penalties for illegal assembly,” Amarasinghe revealed.
“In 2016, the Cabinet made a decision and nearly 50,000 bikes below 450cc that were registered were assembled in the country. This has been happening periodically.
“The problem is that bikes are a poor man’s vehicle, so when exorbitant taxes are imposed on such items while the latest high-quality bikes in the global market remain expensive, it is the poor teenager trying to get a good bike who is affected,” he said.
According to Amarasinghe, there are around another 200,000 locally-assembled motorcycles. If the Government genuinely wished to do something about this, it should amend the Motor Traffic Act, which was last amended in 2009, he noted.
Motor Traffic Act provisions
According to the amendment to the Motor Traffic Act in 2009, Section 2A states that no person shall knowingly use a motor vehicle under the following conditions: (a) if it has been manufactured, assembled, fabricated, innovated, adapted, modified, or its construction changed illegally or not in conformity with the prototype approved by the Commissioner General; (b) if it has been assembled with non-branded new parts or without the permission of the parts manufacturer; (c) if it is mechanically defective; (d) if it fails to comply with prescribed safety standards; (e) if it is stolen; (f) if it has a false identity; (g) if its chassis number has been tampered with; or (h) if it has been manufactured, assembled, fabricated, adapted, modified, or its construction changed in any manner without the prior written approval of the Commissioner General.
Subsection 2 specifies the penalties for contravening Section 2A. A person found guilty of such an offence shall be liable to a fine ranging from Rs. 50,000-300,000 and may face imprisonment for a term ranging from one to six months, depending on the number of convictions. Additionally, vehicle confiscation may be imposed.
Govt. measures
Recently, upon request from the Spin Riders Motorcycle and Sports Club, Transport Minister Dr. Bandula Gunawardana directed officials to devise a system for the lawful registration and usage of high-capacity motorcycles (exceeding 450cc) brought to Sri Lanka and assembled.
It was disclosed that an estimated 3,000-4,000 high-capacity motorcycles had been imported to Sri Lanka over time without tax payments or formal registration. Motorcycle owners have urged rectification of this situation and requested avenues for registration.
In responding to the request, it was reported that the Minister had tasked officials with gathering necessary information to facilitate the registration of motorcycles with engine capacities up to 1,000cc, previously proposed in the Budget.
This action will be limited to a specific timeframe to avoid setting a precedent, with a proposed surcharge. Additionally, consideration was also given to confining registrations to sports activities on roadways.
Minister Gunawardana highlighted multiple objectives of regulating high-capacity motorcycles, including tax revenue recovery and curbing illegal re-importation. Proper adherence to traffic laws and safe driving practices were also emphasised through the formulation of appropriate regulations.
Addressing the current situation regarding motorcycle registration, Department of Motor Traffic (DMT) Commissioner General Nishantha Weerasinghe highlighted that the registration of high-capacity motorcycles had been prohibited around 2003 during wartime due to the LTTE’s utilisation of these engines to build high-speed motor boats.
The law has remained unchanged since then. However, a Cabinet proposal has been submitted recently to amend the law, allowing the registration of motorcycles up to 1,300cc. At present, motorcycles above 450cc can only be registered for sports purposes and are not permitted for road use.
“We have provided a specific time period during which owners can register their motorcycles by paying a certain penalty,” emphasised Weerasinghe.
Additionally, Transport Ministry Secretary Ranjith Rubasinghe told The Sunday Morning that he had instructed DMT officials to formulate a comprehensive set of policies for the future. These policies will address various aspects such as amending laws accordingly, safety concerns, licensing issues, and security aspects.
“We will consult experts regarding the necessary amendments required with permission given to register high-capacity motorcycles,” Rubasinghe stressed.
Moreover, in response to concerns raised by motorcycle owners regarding the penalty, the Secretary noted that further discussions would be held to address these concerns.