Helmets mandatory for two wheeler riders from July 1

Else the rider’s documents, including the driving licence would be impounded, which would be released only on production of new ISI-certified helmet with a purchase receipt.

Concerned over the increasing number of human lives lost in road accidents, the Madras High Court has directed the State government to make wearing of helmets mandatory for two wheeler riders from July 1. It also directed officials to install CCTVs in junctions and in roads to monitor the implementation of the order.

Passing orders on a civil miscellaneous appeal, which challenged an order of Motor Accidents Claim Tribunal, Justice N. Kirubakaran directed the Home Secretary and the DGP to inform the public through media that wearing of a helmet was compulsory for two wheeler riders from July 1 under Section 129 of the Motor Vehicles Act 1988 or else the rider’s documents, including the driving licence would be impounded.

Once impounded, the documents would be released only on production of new ISI-certified helmet with a purchase receipt, the judge said. The authorities should suspend the driving licence of the riders and cancel it after enquiry for violation of the Act after registering a case. The State government should inform the Court every two months the number of cases filed against violators.

However, the court expected the police authorities “not to misuse this order to cause unnecessary hardships to the riders and give room for an allegation of corrupt practice.”

The judge also directed the Surface Transport Ministry to go into the details of the design of the helmets to provide visibility on the sides as well as at the front of the wearer of helmet and further directed the Ministry to direct all States to monitor the wearing of helmet compulsory and take actions.

It was “really disheartening” to note that a number of lives were lost due to non-wearing of helmet and the “pathetic position” was in spite of judgments given by the Supreme Court and various High Courts, neither the authorities acted as per the statue nor followed the directions, the judge noted and further said 6,419 persons have lost their lives last year Tamil Nadu due to non-wearing of helmets.

Partially allowing a civil miscellaneous appeal by petitioners, who challenged the judgment made by Motor Accident Claims Tribunal, which had awarded a compensation of Rs. 12 lakh for a building demolition work contractor in a road accident, the judge enhanced the compensation to Rs. 20 lakh and further posted the matter to June 19.

During the hearing of the case, the DGP had informed the High Court that a total of 41,330 persons have died in accidents due to non wearing of helmets and 42,53,038 cases have been registered for non-wearing of helmets through out the State for the last 10 years. A total of 62,413 cases regarding head injuries were filed in the last 10 years.

When the High Court sought to know why action was not being taken against violators, the DGP had said that action was being taken against the two wheeler riders who are not wearing helmets.

When citizens were being killed in the road accidents, the Court “has to travel beyond its jurisdiction to pass novel and unconventional orders in the interest of the society.”

In the interest of justice, the Court required to exercise power under Article 226 of the Constitution to direct the authorities to ask the two wheeler riders to wear helmets compulsorily.