Answer By law4u team
Wearing a seatbelt is one of the most important safety measures for all passengers in a vehicle, whether in the front or back seat. The Motor Vehicles Act, 1989 mandates seatbelt use to protect passengers from serious injury or death in case of an accident. However, the enforcement of this rule can vary, and many people are unaware of the consequences of not wearing a seatbelt as a passenger, especially in a private vehicle.
Can A Passenger In A Private Vehicle Be Penalized For Not Wearing A Seatbelt?
The Legal Requirement for Seatbelt Use:
Under Section 138 of the Motor Vehicles Act, it is mandatory for all passengers in the front seat of a vehicle to wear seatbelts. The driver is responsible for ensuring that all passengers in the front seat are wearing seatbelts. However, there is no legal requirement for passengers in the rear seats to wear seatbelts in India, although it is strongly recommended for safety reasons.
Penalties for Non-Compliance (Front Seat Passengers):
According to the Central Motor Vehicles Rules (CMVR), the front seat passenger who is not wearing a seatbelt is subject to penalties. The fine for not wearing a seatbelt as a passenger in the front seat can be ₹1,000. This applies to any passenger in the front seat of a private vehicle.
Responsibility of the Driver:
The driver can also be penalized if the front seat passengers are not wearing their seatbelts. The driver is legally responsible for ensuring the safety of the passengers, including making sure that all front-seat passengers have fastened their seatbelts.
Rear Seat Passengers and Seatbelt Use:
Currently, there are no penalties for rear seat passengers not wearing seatbelts in private vehicles, though this may change in the future as road safety awareness increases. In other countries, rear seat belt laws are strictly enforced, and there is a growing push for such laws in India as well.
State-Specific Rules:
Some states in India have also initiated stricter enforcement regarding seatbelt use for rear seat passengers, especially in taxis, government vehicles, and other public transport. For example, in cities like Delhi, the police sometimes issue warnings or fines to rear seat passengers not wearing seatbelts, although these rules are not yet nationwide.
Safety and Legal Implications
Reducing Injury Risks:
Wearing a seatbelt reduces the risk of serious injury or death in the event of a sudden stop, collision, or crash. It helps in keeping the passenger securely in place, preventing them from being thrown forward or out of the vehicle. The risk of head injuries, spinal injuries, and even fatalities is significantly reduced when seatbelts are worn.
Promoting Road Safety:
Penalizing passengers who don’t wear seatbelts serves as a deterrent and encourages more people to follow road safety practices. By enforcing this rule, authorities aim to reduce the number of road accidents and fatalities. The more people follow basic safety measures like wearing seatbelts, the safer the roads become for everyone.
Insurance Claims and Legal Consequences:
If a passenger is injured or killed in an accident while not wearing a seatbelt, the vehicle's insurance policy may not fully cover the injuries. In some cases, it may also lead to reduced compensation or legal consequences for the driver, as it might be seen as contributory negligence.
Example
In Bangalore, a driver was stopped by traffic police during a routine check. The driver’s front seat passenger was not wearing a seatbelt. The driver was fined ₹1,000 for failing to ensure that the passenger wore the seatbelt, as required by law. The police officer also explained the importance of wearing seatbelts for the safety of everyone in the vehicle.
