Life of a two-wheeler rider just got more complicated! Section 129 under the newly passed Motor Vehicle Amendment Bill dealing with helmets adds more fuel to the already burning fire!
It sure is going to confuse the living daylights out of the riders!
Let us first look at the various laws that govern the wearing of helmets and what they say
- Newly amended Section 129 of the Motor Vehicles Act
This amendment states that: “every person above 4 years of age who is driving, riding or being carried on a motorcycle shall wear protective headgear (helmet).”
- Newly introduced Section 194 (D) of the Motor Vehicles Act
Section 194 (D) defines the penalty for not wearing a helmet as per the requirements of Section 129.
According to the newly introduced section, punishment for this offence is a fine of ? 1,000 in addition to the disqualification of the rider’s license for 3 months.
- Section 128 of the Motor Vehicles Act
A motorcycle rider shall carry no more than one person in addition to himself while riding.
- Newly introduced Section 194 (C) of the Motor Vehicles Act
This section takes forward the rules laid down in Section 128.
It says that having a third or additional person on the two-wheeler would attract a punishment of ? 1,000 in addition to the disqualification of the rider’s license for 3 months.
- Newly introduced Section 204 (6) of the Motor Vehicles Act
This section empowers the police officer to seize the licence of the rider and give him/her a temporary acknowledgement. Once penalised, the rider cannot ride or drive any other vehicle until the license has been returned.
Interpretation of Section 129
The interpretation of this section would be that a 4 years old child wearing a helmet, or less than 4 years old without a helmet can travel on a motorcycle as a second person.
However, he/she would not be allowed as a third person as a two-wheeler rider can take only one pillion rider.
A four year old or even younger is allowed to be a lone pillion rider on a motorcycle? Seriously?! Defies all logic, for sure!
Agreed, we want to encourage parents to be mindful of their young kids’ safety, and wearing a helmet helps in that. However, the rule under Section 129 is mind-boggling and open to misuse, to say the least!
Folks, it’s not over yet! If the above sections and sub-sections and clause were not enough, here’s another law governing wearing of helmets
Interestingly the same offence (of not wearing a helmet) has also been covered in Regulation 4(9) of the Motor Vehicles (Driving) Regulations 2017.
According to the newly introduced Section 177A (Clause 59) of this regulation, the punishment for not wearing a helmet is ? 500, which can be extended to ? 1,000. However, the disqualification of the license is not prescribed as per this section.
In such cases, police will have the power to decide on the penalty and the public will have the option to negotiate discretion, which is nothing short of promoting corruption.
So, not only is there a disparity between sections (Sections 194 (C) and 177A) of two different motor vehicle laws governing the Indian roads.
Additionally, the rules laid out for wearing helmets in Motor Vehicle Act itself contradict each other and are open to being misinterpreted and misused grossly!
Out of the estimated 250 million motor vehicles in the country, more than 72% are two-wheelers.
Imagine the kind of harassment, chaos and unnecessary hassle these laws can cause the public!
So, what’s the solution?
Dr Rohit Baluja, President IRTE (Institute of Road Traffic Education), a seasoned expert in the field of road safety is of the following view:
- Sections 128/129 should not be further defined in the current scenario.
- They should be amended to the extent that the state governments should not be given the option to change or modify these sections.
- One country, one law, should be the focus to streamline and centralise the traffic laws governing helmets.
- Sections 194 (C) & (D) should be removed as they give sweeping powers to the law enforcers.
The ultimate choice lies with us. Do we want to voice our opinion? Do we want to bring a change to the system? If yes, then share your views. Tweet, talk, post, create momentum and be a part of the change!
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