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Helmet Laws in India: Helmet Wearing Rules & Regulations

Written by Amit Jain
Updated On Sep 26, 20232 min read
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Helmet Laws In India: All You Need To Know

In India, it is compulsory to wear a helmet while riding two-wheelers. By following this rule, you can save yourself from any serious head injury that can happen due to an accident. However, if anyone is found riding a two-wheeler without a helmet, then he or she may have to pay a huge fine for breaking traffic laws. Moreover, there are some types of helmets that are not acceptable. Read on to learn all about helmet laws in India. 

Helmet Laws in India: Helmet Wearing Rules & Regulations

Why Is Wearing a Helmet Mandatory In India? 

In India, major accidents happen due to two-wheelers. And, in most cases, accidents result in serious head injuries. Therefore, it was mandated for all bike riders to wear a helmet because of the high rate of accidents in India. According to the Motor Vehicles Act, of 1988, if anyone is found riding a two-wheeler without wearing a helmet, they may have to pay a fine of up to Rs. 1000 or be imprisoned for a certain period of time. 

When you’re wearing a helmet, your chances of suffering a serious head injury may decrease. Moreover, it will ensure that your parents and other family members live in peace knowing that you’re taking all the necessary safety precautions while riding a bike. 

Traffic Laws For Helmet In India 

Though wearing a helmet was mandated in the Motor Vehicles Act of 1988, considering the rise in cases of two-wheeler accidents, the law was amended. The Motor Vehicles Act of 2013 adds new provisions that specify severe fines and penalties.  

  • According to Section 129 of the principal act, every individual over the age of 4 years must wear protective headgear while riding a bike in India. The specific laws introduced under this section are as follows: 
  1. Under Section 129(a) of the Motor Vehicles Act, a helmet should be made of materials that provide maximum protection from injury during an accident.
  2. Under Section 129(b) of the Motor Vehicles Act, both a driver and a pillion rider should wear a helmet with a strap attached to ensure that in case of an accident, the headgear does not fall from their head. 
  • According to Section 194D of the Motor Vehicles Act, if anyone is found riding a two-wheeler without a helmet, he or she may have to pay a fine of Rs. 1000. Moreover, your driving license may be suspended for a period of 3 months. 
  • Anyone who belongs to a Sikh family and wears a turban on their head can avoid wearing a helmet while riding a two-wheeler in India.
  • According to Section 138 (4) (f) of the Central Motor Vehicles Rules (CMVR), many RTO rules have been introduced to help bike riders follow these rules and regulations. 
  • It is mandatory for all two-wheeler manufacturers to sell two helmets, one for a driver and another for a pillion rider at the time of the purchase of a vehicle. If anyone fails to submit the proof of helmet to the RTO at the time of registration, your request may get denied. 
  • It is necessary to buy a helmet of an appropriate size and quality to minimize the risk of head injury during an accident.

Types Of Helmets Not Acceptable In India 

The majority of people wear a half-helmet to avoid paying a fine or penalty. A half-helmet is a piece of headgear that only covers a portion of the head and does not actually protect your head. Though wearing a half-helmet has long been a tradition, it is no longer acceptable in India. 

According to Section 129(a) of the Motor Vehicles Act, certain rules and regulations are made for the type of helmet you have to wear while riding a bike. The government of India, in association with the Bureau of Indian Standards (BIS), has issued a notice for helmet producers to follow the norms to manufacture helmets. Some of the key features that a helmet must have are discussed below. 

  1. The weight of the helmet must be upto 1.2 kg. 
  2. The helmet must be 20-25 mm thick and should be prepared with high-quality foam. 
  3. The Ministry of Road Transport and Highways has made it mandatory for helmets to get an ISI stamp. If any helmet is found selling without an ISI mark will be considered a violation of the law. 
  4. The eye cover of the helmets must be transparent so that the rider can see riding a two-wheeler without any disturbance. 
  5. The helmets must also pass the BIS tests before selling in the market. These examinations include absorption tests to check how the helmet works in different weather conditions. 

State-Wise Helmet-Related Laws And Penalties

Many states have created temporary rules in place of the strict regulations outlined in the updated Motor Vehicle Act due to the protest of the passengers. Here is a table of the laws and penalties in specific states for not wearing helmets. 

State

Law and Penalty

Bihar, Haryana, Tripura, Assam

Riders of motorcycles will be subject to all penalties outlined in the new Motor Vehicle Act.

Gujarat

The state government changed the laws to lower the fine for failing to wear a helmet from Rs. 1000 to Rs. 500.

Uttar Pradesh

You could be fined up to Rs. 600 for riding a two-wheeler without a helmet.

Uttarakhand

The new rules have also been modified by this state to charge a less fine in the event of a violation.

Kerala

Although this state had previously put the most recent standards into effect, it was forced to withdraw them due to opposition from the population and trade unions.

Karnataka

Although the state administration looks to Gujarat for implementation inspiration, no final decisions will be made until the central government has completed its deliberations. 

Odisha

The state has delayed implementation for three months due to arguments between drivers and traffic cops.

West Bengal, Punjab, Chattisgarh, Telangana, Madhya Pradesh

Two-wheelers may be fined on the basis of the old traffic rules and regulations for not wearing a helmet. 

Conclusion 

In conclusion, wearing a helmet is a preventive measure against road accidents in India. The government of India has come up with certain rules and regulations to decrease the number of deaths due to accidental injuries. 

Also Read: 

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Disclaimer

This article is issued in the general public interest and meant for general information purposes only. Readers are advised not to rely on the contents of the article as conclusive in nature and should research further or consult an expert in this regard.
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Written by Amit Jain
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 Amit is an upcoming name in the motor industry be it new cars/ bikes or used ones. Amit in his last stint worked as a consultant for major Fortune 500 companies across the globe. In his free time, Amit likes to play cricket.

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