Helmet Laws in India: Helmet Wearing Rules & Regulations

Helmets are an important element of road safety in India. In a country where two-wheelers make up a major portion of the overall road traffic, it is crucial to understand the need to wear helmets. The use of helmets while riding two-wheelers goes beyond merely following the rules and regulations - it is a matter of the individual’s safety. Currently, Indian traffic laws have mandated wearing helmets for individuals riding two-wheelers. Similarly, prevailing laws also mandate all two-wheeler owners have a minimum of third-party two wheeler insurance coverage in place. Failure to follow these regulations can lead to fines as well as other stringent or severe actions that can impact you and your permit to ride your vehicle. Hence, having the right insurance policy and being aware of helmet rules and regulations is important. Let’s learn more about the same.

What are the Helmet Laws in India?

As per the Motor Vehicles Act of 1988, it is mandatory for individuals riding two-wheelers to wear a helmet. Over the years, several amendments have been made to the Act. The latest amendment made to it was in 2019, which stated the following regarding helmet safety laws:

1. As per Section 129, all individuals above the age of 4 years are required to wear protective headgear when riding a bike. Both the rider and their passenger are required to wear helmets that have straps securely attached to the wearer.
2. The helmet must be made of such materials and in such shape that the wearers receive maximum protection in case of an accident.
3. If someone is caught riding a two-wheeler without a helmet, Section 194D mandates a fine of ?1000 to the offender. Additionally, their driving license could be suspended for three months.
4. For individuals belonging to Sikh families who wear turbans, there is an exemption from wearing a helmet while operating a two-wheeler in India, if they are wearing a turban while riding.
5. Section 138 (4) (f) of the Central Motor Vehicles Rules (CMVR) has introduced additional RTO rules to help people follow these helmet laws. As per this Section, two-wheeler manufacturers must provide two BIS-compliant helmets – one for the rider and one for the passenger.

Along with wearing helmets the right way, it is also crucial to observe other motor vehicle rules and regulations all the time. This includes following traffic signals, driving in the right lane, not using your cell phone while driving, having a valid vehicle insurance policy and so on. It is important to note that helmet laws and provisions can differ from state to state. Refer to your state’s road and transport authority’s website to be updated with the latest provisions.

What is the Right Type of Helmet to Wear?

As per prevailing laws, wearing any kind of helmet is not enough. Individuals need to wear the right kind of helmet.

1. Many two-wheeler riders tend to wear a half-helmet, where only a part of their head is covered. This is not acceptable as per the law.
2. The Motor Vehicles Act specifies that helmet manufacturers must follow the guidelines of the Bureau of Indian Standards (BIS) for helmet design.
3. All helmets to be sold in the market, must pass BIS tests. These tests are designed to check how well the helmet absorbs impacts in different weather conditions.
4. As per the Ministry of Road Transport and Highways, all helmets are required to have a relevant IS stamp.

Wearing a helmet is important for many reasons, including having a better chance of insurance claim approval than if you were not wearing a helmet.

Which Types of Helmets Are Unacceptable?

When it comes to road safety, wearing a helmet is crucial, but not all helmets offer the required protection. Certain types of helmets are considered unacceptable due to their inability to meet safety standards. Half-face helmets or novelty helmets, which do not provide full coverage to the head, are often unsafe as they lack the necessary padding and structural integrity. Non-ISI (Indian Standards Institute) or non-DOT (Department of Transportation) certified helmets are also unacceptable, as they do not meet the minimum safety requirements needed to withstand impacts. Plastic shell helmets or thinly padded helmets fail to provide adequate protection and can shatter upon impact, increasing the risk of severe head injuries. Additionally, damaged or expired helmets should not be used, as they may have weakened structures that compromise their effectiveness. To ensure safety, always opt for a certified, full-face or modular helmet that meets national and international safety standards.

Can Not Wearing a Helmet Lead to the Rejection of an Insurance Claim?

Whether your bike insurance claim is accepted or rejected depends on multiple factors. Insurance policies have a set of conditions and exclusions, which outline the situations or events the policy does not cover. For instance, it is important to follow traffic rules. If an accident occurs while traffic laws are not being followed by the claimant, the claim may not go ahead. Since wearing a helmet is a legal mandate, the issue of claim rejection may occur if the injured person is not wearing a helmet at the time of the accident. *

How to Avoid Fines While Riding a Motorcycle?

Avoid fines and ensure safe riding by following these essential tips:

1. Wear a Helmet: Always wear a helmet that meets the specifications outlined in the Motor Vehicles Act.
2. Pillion Rider Helmet: Ensure your pillion rider also wears a helmet, as required under Helmet Laws in India.
3. Secure Your Helmet: Keep your helmet locked or stored in your two-wheeler’s inbuilt storage to avoid losing it and facing fines.
4. Check Helmet Fasteners: Regularly inspect the fasteners to ensure they are securely in place before riding.

Tips for Being a Responsible Rider

Riding a motorcycle comes with the responsibility of ensuring your safety and the well-being of others on the road. Follow these steps to be a responsible rider:

1. Understand Traffic Rules: Familiarize yourself with all traffic regulations before riding. This knowledge is essential when applying for a license and for safe driving.
2. Follow Rules Consistently: Adhere to traffic rules at all times, even when roads are empty or enforcement seems minimal.
3. Wear Proper Protective Gear: Always wear a helmet that complies with the Helmet Laws in India for both safety and legal compliance.
4. Maintain Your Vehicle: Regularly service and maintain your motorcycle. A well-maintained bike reduces the risk of accidents caused by mechanical failures, ensuring the safety of both you and others on the road.

By following these practices, you can avoid fines, enhance safety, and contribute to responsible road behavior. However, there are many factors at play during claims. Therefore, it would be ideal to consult with your insurance company. Additionally, one should never skip wearing a helmet for the sake of one’s safety, regardless of how it may affect claim approval chances. Even with a helmet, an accident can severely impact your finances. An accident can cause damage to your bike and other vehicles. In such a situation, having a comprehensive two-wheeler insurance policy is important. It can provide the financial support you need to get back up and get your bike on the road once again. *

Laws in Different States Regarding Helmets

Note: Penalties may vary with amendments to state traffic laws. Always verify local regulations for updated requirements. Claims are subject to terms and conditions set forth under motor insurance policy.

FAQ

Is a helmet compulsory for the second person on a bike?

Yes, in most states of India, wearing a helmet is mandatory for the pillion rider as well. This rule is enforced to ensure the safety of both riders and comply with traffic regulations.

Is a helmet compulsory in local areas?

Yes, helmet laws apply universally, whether you're riding in local areas, residential neighborhoods, or highways. Riding without a helmet can lead to fines and increased risk of injury.

Is it compulsory for both riders to wear helmets?

Yes, many states mandate helmets for both the rider and the pillion. This is a legal requirement under the Motor Vehicles Act and enhances safety for all.

Is a half helmet allowed in India?

Half helmets may not meet BIS (Bureau of Indian Standards) safety guidelines. It is advisable to use ISI-marked full-face helmets for better protection and compliance with safety standards.

What are the guidelines for a bike helmet?

A helmet should have an ISI mark, offer a snug fit, have a robust chin strap, provide good visibility, and meet BIS standards. Proper ventilation and durability are also important.

What is the standard helmet act in India?

The Motor Vehicles Act makes it mandatory for both the rider and pillion to wear helmets to ensure safety. Non-compliance can result in fines and penalties as per state-specific rules. * Standard T&C apply. Insurance is the subject matter of solicitation. For more details on benefits, exclusions, limitations, terms, and conditions, please read the sales brochure/policy wording carefully before concluding a sale.