Kerala High Court stays pillion riding sans helmet

Kochi: Helmetless pillion-riding in the state will become a thing of the past soon with the Kerala High Court on Wednesday staying a government notification granting exemption to pillion riders from wearing a headgear.

Justice V. Chitambaresh issued an interim order after T. U. Ravindran of Kochi moved the court seeking a directive for making helmet mandatory for the pillion riders of two-wheelers.

The court observed that rule 347 A of the Kerala Motor Vehicle Rules is in direct conflict with section 129 of the MVA enacted by the central government. “The government by notification has acted in contravention by inserting rule 347 A in the rules. The notification amending the rules to the effect is prima facie bad in law. Hence, the operation of notification by which rule 347 A was introduced in Kerala Motor Vehicles Rules is stayed until further orders,” the court held.

As per section 129 of the Motor Vehicles Act 1988, a two-wheeler rider as well as pillion rider should compulsorily wear a helmet. Rule 347 of the Kerala Motor Vehicles Rules also mandates that a pillion rider should wear a headgear. The state government on October 13, 2003 amended 347 A of Kerala Motor Vehicles Rules and issued a notification excluding the pillion riders from wearing a helmet.

The state also issued a notification stating that “any person riding on a motor cycle other than the driver thereof need not wear a protective headgear.”

Ravindran argued that the government order excluding pillion riders had resulted in accidents and loss of life.

“The provision of the sections shall not apply to a person who is a Sikh wearing a turban,” the court said and pointed out that the state government as early as in 2003 had undertaken to enforce section 129 of the Act with all vigour. The full bench of the High Court had also directed to enforce the provisions in the Act.

“We haven't got the High Court order yet. We will consider it and make a decision as soon as possible,” sources close to Transport Minister Thiruvanchoor Radhakrishnan said.

“The court stayed the amendment brought to the KMV Act by the state and so we are waiting for the government to take a policy decision,” a top Motor Vehicles Department official said.

At present, the authorities can slap a fine of Rs 100 if a rider is not wearing a helmet.