Motor Vehicles Act Section 129 — Wearing of protective headgear

CHAPTER VIII CONTROL OF TRAFFIC

Civil

Summary

Every person above four years of age who is driving, riding, or being carried on a motorcycle of any kind must wear protective headgear while in a public place. The headgear must meet standards that the Central Government prescribes.

There is an exception for Sikhs: the requirement does not apply to a person who is a Sikh if, while driving or riding a motorcycle in a public place, they are wearing a turban.

The Central Government may make rules to provide for the safety of children below four years of age who are riding or being carried on a motorcycle.

The term protective headgear means a helmet that, by its shape, material, and construction, could reasonably be expected to give the driver or rider a degree of protection from injury in an accident, and that is securely fastened to the head of the wearer using straps or other fastenings provided on the headgear.

Official Text

Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government: Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban: Provided further that the Central Government may by rules provide for measures for the safety of children below four years of age riding or being carried on a motorcycle. 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 motorcycle 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.]