Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear 2[protective headgear conforming to the standards of Bureau of Indian Standards]:
Provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban:
Provided further that the State Government may, by such rules, provide for such exceptions as it may think fit.
Explanation.— “Protective headgear” means a helmet which,—
(a) by virtue of its shape, material, and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.
Simplified Explanation
Section 129 of the Motor Vehicles Act mandates the wearing of protective headgear, commonly known as helmets, for riders of two-wheeled motor vehicles. This requirement is a critical safety measure aimed at reducing the risk of head injuries in the event of accidents. Here’s a detailed breakdown of this section:
Section 129 stipulates that every person driving or riding on a motorcycle of any displacement must wear a helmet that complies with the prescribed safety standards. This section is designed to enforce the use of helmets as a compulsory safety measure for both drivers and pillion riders on two-wheelers.
Key Points of Section 129:
- Mandatory Helmet Use:
- Helmets must be worn by all persons driving or riding on two-wheeled motor vehicles, without any exceptions based on religion, gender, or age, except for those covered by specific exemptions (like turban-wearing Sikh individuals).
- Standards for Helmets:
- The helmets must meet safety standards as prescribed by the Bureau of Indian Standards (BIS) or any recognized international standards. These standards ensure that helmets are capable of providing adequate protection against head injuries.
- Enforcement and Compliance:
- Traffic police and other relevant authorities are responsible for enforcing helmet usage. Checks are routinely conducted, and failure to wear a helmet while on a motorcycle can lead to penalties such as fines or citations.
- Exemptions:
- There are exemptions for certain groups based on religious beliefs. For example, followers of the Sikh religion who wear turbans are exempt from wearing helmets.
- Penalties for Non-Compliance:
- Non-compliance with this rule can result in fines and penalties. The exact nature of these penalties can vary depending on local laws and regulations.
- Awareness Campaigns:
- Government and non-governmental organizations often run awareness campaigns highlighting the importance of wearing helmets and the legal requirements of Section 129 to increase compliance and reduce road traffic injuries.
Importance of Section 129:
- Safety: Wearing helmets significantly reduces the risk of fatal and severe injuries in accidents involving two-wheelers.
- Legal Enforcement: Encourages adherence to safety norms and enhances the effectiveness of road safety laws.
- Public Health: Reduces the public health burden by lowering the incidence and severity of head injuries, which are among the most common outcomes of two-wheeler accidents.
This section reflects the commitment of the Motor Vehicles Act to enhance road safety, specifically targeting the vulnerability of two-wheeler riders to head injuries, which are preventable with the proper use of helmets.
