Introduction

Following road safety regulations and traffic rules is a must. This is because each rule and regulation has been designed to protect your well-being, as well as that of pedestrians. Among these rules is the requirement that two-wheeler drivers (and riders) wear helmets at all times while on the road. The value of a helmet lies in the fact that it protects you from sustaining serious injuries to your head in the event you are involved in an accident while astride a two-wheeler. If you are not wearing a helmet, a fine will be issued to you. Additionally, this holds for pillion riders without helmets, as challans are issued to them as well. It is important to understand that if you do not wear a helmet you are risking your life. Continue reading.

Fines and Penalties Imposed for Not Wearing Helmets

Not wearing a helmet when riding a motorcycle is extremely risky, and can put your life in jeopardy. This is proven by the fact that as of 2019, more than 37 percent of vehicular accidents involved two-wheelers. Further, a majority of the casualties involved in such accidents sustained head injuries. This is indicative of the extent to which bike riders neglect to wear helmets.

 

A survey conducted revealed that 16 percent of the bike riders surveyed believed that the use of helmets wasn’t mandated by law. 29 per cent of the bike riders surveyed felt that their comfort was more important than their safety, thus abstaining from the use of helmets. It is important to understand that comfort cannot be placed above your safety or above the law.

 

In order to discourage helmet disuse, a fine for riding a bike without a helmet has been imposed. Section 194D of the Motor Vehicles Amendment Act of 2019 requires bikers to pay a fine of INR 1000 if they are caught riding without a helmet. Additionally, this traffic offence can result in your licence being suspended for a period of 3 months.

 

Other popular traffic fines are as follows.

 

  • Failure to hold a valid driving licence while driving results in a fine amounting to INR 5000.

  • In the event of over-speeding in a light motor vehicle (or LMV) you are imposed with a fine amounting to INR 1000.

  • In the event of over-speeding in a medium passenger vehicle, you are imposed with a fine amounting to INR 2000.

  • If you are caught driving without motor insurance, you must pay a fine of INR 2000.

  • Drunk driving results in an INR 2000 fine.

Which Kinds of Helmets are Not Accepted

There exists a wide range of helmets in the market today. While you may be eager to buy one to abide by the traffic rules and regulations, it is important to ensure your helmet is deemed appropriate by law.

 

Section 129 of the Motor Vehicles Amendment Act of 2019 outlines the requirement for all individuals over the age of 4 to wear protective headgear while astride a two-wheeler in a public space. This holds true for the driver as well as the pillion rider.

 

Helmets are to be made as per the specific standards outlined under the law. These specifications are as follows.

 

  • Section 129 (a) outlines the need for protective headgear to be made with materials in a shape that provides maximum protection in the event of an accident. Therefore, full-face helmets are permitted and half helmets aren’t.

  • Section 129 (b) requires helmets to be held securely on a person’s head with the aid of fasteners such as straps that help hold it in place. These fasteners help ensure that the headgear doesn’t slip off in the event of an accident.

 

Listed below are the characteristics that helmets ought to have. If they lack these, they aren’t accepted on the road.

 

  • Helmets have a weight limitation that has been reduced from 1.5 kilograms to 1.2 kilograms.

  • A minimum thickness of 20-25 mm consisting of high-quality foam is needed for all helmets.

  • All helmets must have the ISI mark as stipulated by the Ministry of Road Transport and Highways (or MoRTH). Helmets sold without such a mark are illegally being sold and must be stopped.

  • The eye-covering that helmets feature must be made with a transparent material such that the rider’s vision isn’t obstructed in any capacity.

  • Prescribed BIS tests must be undergone by all helmets and should pass the same to be permissible. Among these tests is an impact absorption test that is conducted under varied wear conditions and at different speeds.

 

If you are caught using a motorcycle helmet that is not as per the prescribed standard or fails to meet any of the aforementioned requirements, your headgear will be seized and destroyed by the authorities. Apart from the users of this kind of headgear facing repercussions, the vendors of such headgear can face legal action.

What Happens After You are Caught Without a Helmet

If you are caught driving (or riding pillion) on a two-wheeler without wearing a helmet, the traffic police are well within their right to stop your vehicle. They can ask you to furnish documents such as your driver’s licence and the registration certificate of your vehicle. Once these documents have been verified by the traffic police, they may issue a challan in your name. You will be required to then pay this fine within the stipulated grace period. You have the choice to make this fine payment offline at your local traffic police station, else online via the transport website specific to the state you live in and have been fined in.

 

If you wish to understand how to make a payment for a fine incurred for not wearing a helmet, online, follow the steps mentioned below.

 

Step 1. Visit the Transport Department website that is specific to your state.

 

Step 2. Select the challan or traffic violation payment option that you will see on your screen.

 

Step 3. You must now enter your vehicle number or your challan number.

 

Step 4. Scroll through all the details on the challan imposed.

 

Step 5. Select a mode of payment that works best for you.

 

Step 6. Submit your payment online.

 

Step 7. Download your receipt to keep for reference in the future.

 

To understand the steps for offline fine payments for not wearing a helmet, examine the steps mentioned below.

 

Step 1. Visit the nearest traffic police station.

 

Step 2. Ask an officer to outline the details of your challan.

 

Step 3. Go over this information and pay the fine imposed.

 

Step 4. Keep the receipt you are given carefully for future reference.

Fines for Not Wearing a Helmet in Different States

Although the penalty imposed for driving a two-wheeler without wearing a helmet amounts to INR 1000, several states have imposed temporary provisions in lieu of the rules specified under the Motor Vehicles Amendment Act. Examine the table below to understand the fines pertaining to helmets not being worn by motorcyclists in different states.

State

Action Taken and Fine Imposed

Assam, Bihar, Haryana, Tripura

Penalties outlined under the new Motor Vehicle Act apply to two-wheeler riders who don’t obey the law.

Gujarat

The INR 1000 penalty imposed for not wearing a helmet has been reduced by the state government to INR 500.

Uttar Pradesh

The state government has reduced the INR 1000 penalty imposed for not wearing a helmet to INR 600.

Uttarakhand

Driving without a helmet can result in a fine of INR 1000.

Kerala

The state government has reduced the INR 1000 penalty imposed for not wearing a helmet to INR 500 which is 50 percent less than the figure imposed in the Motor Vehicles Amendment Act.

Maharashtra

If caught astride a two-wheeler without a helmet, you will be required to pay a fine of INR 1000 and can have your licence suspended for up to 3 months.

Karnataka

The state government has imposed an INR 500 applicable to those that fail to wear helmets.

Odisha

If caught astride a two-wheeler without a helmet, you will be required to pay a fine of INR 1000 and can have your licence disqualified. You may also be required to participate in community service for 90 days.

Chhattisgarh, Madhya Pradesh, Punjab, Telangana, West Bengal

A fine of INR 1000 is imposed on those who don’t wear helmets while astride two-wheelers.

Conclusion

The challan for not wearing a helmet has been designed to encourage two-wheeler drivers and pillion riders to wear helmets. Apart from wearing a helmet, it is essential for individuals who own two-wheelers to be in possession of valid insurance for their vehicle. This insurance is important as it helps provide financial security in the event of an accident involving your vehicle. Vehicular insurance is a requirement mandated under Indian law. If you haven’t availed of an insurance policy for your vehicle or would like to look at other options available in the market, visit the Finserv MARKETS website to learn more. 

Frequently Asked Questions

Can I be fined more than once for not wearing a helmet while astride my two-wheeler?

Yes, you can be fined more than once for not wearing a helmet while astride your two-wheeler. In the event that you are caught repeating the same offence more than once, you are liable to pay greater fines the second time around.

What is the fine imposed in Jharkhand for not wearing a helmet in 2022?

As of 2022, the fine imposed in Jharkhand for not wearing a helmet amounts to INR 1000.

Can I be sent to jail for not wearing a helmet while driving a motorbike?

If you happen to drive a motorbike without wearing a helmet, you can be charged with a fine of INR 1000 and can face 3 months of imprisonment or can have your licence suspended. This depends upon the state in which you have been caught driving without a helmet. 

When was the last time helmet laws were revised?

Helmet laws were most recently revised in 2019 under the Motor Vehicles Amendment Act. Fines relating to the non-use of a helmet rose from INR 100 to INR 1000.

Are there any states where helmet laws aren’t applicable?

There is no state in India that doesn’t enforce this law. That being said, Gujarat made it optional for riders to wear a helmet in 2019. 

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