(1) No driver of a two-wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver’s seat with appropriate safety measures.
(2) In addition to the safety measures mentioned in sub-section (1), the Central Government may prescribe other safety measures for the drivers of two-wheeled motor cycles and pillion riders thereon.
Simplified Explanation
Section 128 of the Motor Vehicles Act specifically addresses the safety measures that must be observed by drivers and pillion riders (passengers) of two-wheeled motor vehicles. This is crucial for reducing the risk of injuries and fatalities associated with motorcycle accidents. Here’s a detailed explanation:
Section 128 mandates the use of protective gear and compliance with certain behaviors to ensure the safety of individuals on two-wheeled vehicles, such as motorcycles and scooters. The section aims to promote responsible riding practices and the use of safety equipment.
Key Points of Section 128:
- Mandatory Use of Helmets:
- Both the driver and any pillion rider must wear helmets that comply with the standards prescribed by the authorities. This is the primary safety measure enforced under this section.
- Specifications for Helmets:
- Helmets must meet specific safety standards that ensure adequate protection in case of accidents. These standards are typically set by national or international safety organizations.
- Restrictions on Carrying Children:
- Children under a specified age (commonly 4 years) are not allowed to be carried as pillion riders unless additional safety provisions, like child harnesses or special seats, are in place.
- Prohibitions While Riding:
- The section also prohibits carrying objects that could impede the driver’s ability to control the bike or that could cause imbalance. It includes restrictions on the number of pillion riders to just one, unless the vehicle is designed to carry more than one passenger.
- Penalties for Non-Compliance:
- Violation of these safety measures can lead to fines, penalties, or more severe legal consequences, especially if non-compliance leads to an accident.
- Awareness and Education:
- Authorities may also run awareness campaigns about the importance of these safety measures to encourage compliance and reduce the incidence of traffic injuries and deaths.
Importance of Section 128:
- Personal Safety: Reduces the risk of head injuries for riders and passengers, which are common and often severe in motorcycle accidents.
- Legal Compliance: Ensures that riders follow the laws designed to protect them and others on the road.
- Public Health: By enforcing helmet use and safe riding practices, the section helps reduce the healthcare costs associated with treating injuries from motorcycle accidents.
This section of the Motor Vehicles Act plays a vital role in safeguarding riders and their passengers by enforcing the use of helmets and other safety measures. It reflects a commitment to enhancing road safety, particularly for the more vulnerable users like those on two-wheelers.
