What Case Could Be Registered If The Second Passenger At The Bike Is Without A Helmet ?

The fine for not wearing the helmet, prior to the amendment of the Motor Vehicles Act in September 2019, was Rs 100, which is not considered much in India, where the riders could be seen driving their two-wheelers without any helmets. After the amendment of the Act in the year 2019, the fine was increased from Rs 100 to Rs 1000. 

In some of the states in the country, the traffic police have been given the authority to seize the two-wheelers as well as the driving license of the driver could also be suspended, in case you face such a situation, it is advised to seek the assistance of Lawyers In Delhi, to help you solve the issue without any unnecessary delay. 

  • Also the amendment made in the year 2019 provides that the thickness of the helmet to be born while driving should be 20-25 mm as well as the foam should be of high quality as per the bureau of Standards, the helmet should also be ISI certified.
  •  As per Section 129 of the MV Act, every rider above the age of 4 years has to wear ‘protective headgears’ while riding a bike. This rule applies to both the drivers and the pillion drivers. 
  • The members of the Sikh community wearing turbans are exempt from the rules related to helmets both while driving a two-wheeler or riding it. 

Procedure after someone is caught without a helmet


In case you are caught by the traffic police while driving or riding a two-wheeler without a helmet, the following procedure is followed-

  • You shall be asked to stop your vehicle on the roadside. 
  • The police official could also take your key out in case they feel it necessary.
  • Afterwards you shall be inquired about your license and other documents such as insurance for the two- wheeler, PUC and RC. These documents are necessary for the driver of the two-wheeler to have with him/her, the absence of which could result in the fine being charged accordingly. 
  • Once the documents have been verified, the challan would be made for the guilty party as per the provisions of the Motors Vehicle Act, 2019,  for riding a two-wheeler without a helmet.
  • In case the traffic police has the technology, an e-challan could also be created which shall be sent to the registered mobile number or the hard copy could be handed to the guilty party. 
  • The penalty could be paid online in case of an e-challan, while the hard copy of the challan could be paid off at the same time. 


Is it mandatory for all the riders to wear a helmet in India?

A common topic of discussion among the drivers and the passengers of the vehicles is whether it is compulsory for all the people on a two wheeler to wear a helmet. For many people the law regarding the helmets for people in the back seat is not clear. 

The person sitting in the back seat could be harmed as much as the person driving the vehicle. Thus, no matter if you are driving the two seater or are sitting in the back seat, you could get seriously injured on the road. It is necessary to wear helmets for the driver as well as the passenger to wear the helmet, failing to do which the guilty party would have to pay hefty penalties. 


Conclusion


Wearing a helmet is not just the compliance of the law, but also ensures the safety and the protection of the riders of a two-wheeler. In addition to helmets, other documents are also necessary to be kept while driving, otherwise a heavy penalty could be charged by the traffic police. In case, you have suffered unnecessary consequences, or were charged wrongly or simply a challan has been made against you or your driving license has been suspended, you could seek the legal assistance of Lawyers In Mumbai or Lawyers In Gurgaon or your city, so as to have an early solution to your vehicle problem. 

Lead India offers you a wide pool of experienced lawyers, who have been successfully handling cases related to accidents, insurance policy, etc. related to the Motor Vehicles Act. Thus, in case you seek legal assistance or advice for the same, you may contact us. 

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