Page 113 - The Motor Vehicles Act, 1988

SECTION 129 THE MOTOR VEHICLES ACT, 1988 99

(3) Where a vehicle is authorised to be removed under sub-section (1) or sub-
section (2) by a police officer, the owner of the vehicle shall be responsible for all towing
costs, besides any other penalty.
128. Safety measures for drivers and pillion riders

(1) No driver of a two-wheeled motor cycle shall carry more than one person in
addition to himself on the motor cycle and no such person shall be carried otherwise
than sitting on a proper seat securely fixed to the motor cycle behind the driver’s seat
with appropriate safety measures.
(2) In addition to the safety measures mentioned in sub-section (1), the Central
Government may prescribe other safety measures for the drivers of two-wheeled motor
cycles and pillion riders thereon.
1 [129. Wearing of protective headgear

Every person, above four years of age, driving or riding or being carried on a
motor-cycle 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
or 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.]

1. Substituted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 15-2-2022
vide SO 691(E), dt. 15-2-2022. Prior to substitution, section 129 read as under:
“129. Wearing of protective headgear
Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or
description) shall, while in a public place, wear protective headgear conforming to the standards
of Bureau of Indian Standards:
PROVIDED that the provisions of this subject shall not apply to a person who is a Sikh, if he is,
while driving or riding on the motor cycle, in a public place, wearing a turban:
PROVIDED FURTHER that the State Government may, by such rules, provide for such exceptions
as it may think fit.
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 motor cycle 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.”