Answer By law4u team
In India, wearing a helmet is a legal requirement for both the rider and the pillion rider on a two-wheeler under the Motor Vehicles Act, 1988. If the pillion rider is not wearing a helmet, it constitutes a violation of road safety laws. This rule is in place to ensure the safety of passengers, as helmets significantly reduce the risk of injury or death in case of accidents.
Can You Be Fined For Not Wearing A Helmet As A Pillion Rider?
Legal Requirement for Pillion Riders:
According to the Indian Motor Vehicles Act, 1988, it is mandatory for both the rider and the pillion rider to wear a helmet while traveling on a two-wheeler. The law applies to all states and union territories in India.
The rule is designed to protect pillion riders who may otherwise be at a higher risk in the event of an accident, as they are not in control of the vehicle and have less protection.
Penalty for Not Wearing a Helmet as a Pillion Rider:
Traffic Police Fine:
If a pillion rider is found not wearing a helmet, both the rider and the pillion can be fined by the traffic police. As of the latest amendments, the fine for not wearing a helmet can be ₹1000 and may include the possibility of disqualification of the rider's license in some states.
Liability for the Rider:
In most cases, the rider is responsible for ensuring the pillion rider’s safety by making sure they are wearing a helmet. Therefore, the rider may be issued the fine, although in some states, the fine may be levied on both the rider and the pillion rider.
Why is Wearing a Helmet Important for the Pillion Rider?
Safety:
Helmets are designed to protect the head and reduce the impact in case of accidents or falls. The pillion rider, just like the rider, is exposed to serious injury risks if not wearing a helmet.
Legal Compliance:
Wearing a helmet as a pillion rider ensures that both parties are complying with the law and maintaining road safety.
Exceptions to the Helmet Rule for Pillion Riders:
Some states may offer exceptions where pillion riders are not required to wear helmets, such as for women, children below a certain age, or when the two-wheeler is being driven within a limited area like a designated no-helmet zone. However, these exceptions may vary across different states and are subject to local regulations.
Steps to Take If You Are Fined:
Pay the Fine:
If the fine is levied on you, the first step is to pay the fine as per the instructions given by the authorities. Make sure you receive a receipt of the payment.
Appeal the Fine:
If you believe that the fine was wrongly issued, you can challenge the fine by approaching the relevant traffic authority or court. You will need to provide evidence that the helmet requirement was not applicable in your case.
Role of the Rider in Ensuring Helmet Use:
The rider is legally responsible for ensuring that the pillion rider wears a helmet. In case of a violation, the rider may face the penalty even if the pillion rider is at fault.
Riders should make it a habit to carry extra helmets for their passengers, especially if they frequently travel with others. This can prevent any legal complications and ensure compliance with the law.
Legal Implications of Not Wearing a Helmet:
For the Rider:
The rider will be penalized if the pillion rider is not wearing a helmet, as they are responsible for the safety of the passenger.
For the Pillion Rider:
In some cases, especially if the fine is issued specifically to the pillion rider, they could be penalized directly for not wearing a helmet.
Increased Risk of Injury:
If the pillion rider is not wearing a helmet and is injured in an accident, it could lead to severe head injuries. This could have serious consequences both for the rider and the pillion rider in terms of medical expenses and legal liabilities.
Case Law and Precedents:
Court Cases: In cases where fines have been contested, courts have upheld the requirement for helmets as a critical safety measure. Legal precedents highlight the importance of enforcing the helmet law to reduce traffic fatalities and injuries.
Example:
If Amit is riding his motorcycle with his friend Ravi as the pillion rider and the police stop them for a routine check, they notice that Ravi is not wearing a helmet. The police will fine Amit as the rider for not ensuring Ravi’s safety. Amit can pay the fine of ₹1000 or contest it if he believes the penalty was wrongly imposed.
Conclusion:
In India, both the rider and the pillion rider are required to wear a helmet while traveling on a two-wheeler. Failure to wear a helmet as a pillion rider can result in fines, with the rider often being held accountable. This rule is in place to promote road safety and reduce accidents. It is important to always wear a helmet and ensure that your passengers are also wearing one to avoid legal penalties and to protect both the rider and pillion rider from potential injuries.
