Page 41 - The Motor Vehicles Act, 1988

THE MOTOR VEHICLES (AMENDMENT) ACT, 2019 (xli)

“PROVIDED that the State Government or the authorised authority shall,
give primacy to the safety of road users and the free flow of traffic in determining
such places:
PROVIDED FURTHER that for the purpose of this section the National
Highways Authority of India, constituted under the National Highways
Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the
Central Government, may also determine such places.”.
1 44. Substitution of new section for section 129
For section 129 of the principal Act, the following section shall be substituted,
namely:—
‘129. Wearing of protective headgear
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.’.
2 45. Insertion of new section 134A
After section 134 of the principal Act, the following section shall be inserted,
namely:—
“134A. Protection of Good Samaritans
(1) A Good Samaritan shall not be liable for any civil or criminal action for
any injury to or death of the victim of an accident involving a motor vehicle,
where such injury or death resulted from the Good Samaritan’s negligence in
acting or failing to act while rendering emergency medical or non-medical care
or assistance.
(2) The Central Government may by rules provide for the procedure for
questioning or examination of the Good Samaritan, disclosure of personal
information of the Good Samaritan and such other related matters.
Explanation : For the purposes of this section, “Good Samaritan” means a
person, who in good faith, voluntarily and without expectation of any reward
or compensation renders emergency medical or non-medical care or assistance
at the scene of an accident to the victim or transports such victim to the
hospital.”.

1. Enforced w.e.f. 15-2-2022 vide SO 691(E), dt. 15-2-2022
2. Enforced w.e.f. 1-10-2020 vide SO 3311(E), dt. 25-9-2020.