Karnataka High Court Directs State To Implement Rule On Speed Limit, Helmet And Safety Harness For Children Riding Pillion

The Karnataka High Court on Wednesday directed the State to take immediate steps for implementation of Rule 138 (7) of Central Motor Vehicle (Second Amendment) Rules 2022, which prescribes maximum speed limit for two-wheelers when children ride pillion. The Rule also mandates helmet and safety harness for kids.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha observed,“Though state authorities have taken some steps towards implementation of the Central Motor Vehicle Rules, in effect the said rule is not implemented yet. It is apparent that there is no cavil that the said rule is required to be implemented. Therefore, the state is now required to take effective steps to ensure that the rule is implemented. We accordingly dispose of the petition by directing the state to take immediate steps to ensure that the said rule is implemented." The direction was given in a petition filed by Dr Archana Bhat K, seeking directions for adequate availability of child safety helmets and child safety harness starting from the age of 9 months. For context, Rule 138 specifies “Signals and additional safety measures for motor vehicle”. Sub-clause (7) inserted vide the Amendment Rules prescribe: “After one year from the date of publication of the Central Motor Vehicles (Second Amendment) Rules, 2022, the driver of a motorcycle shall ensure the following safety measures while carrying a child between the age of nine months and four years, on the vehicle as a pillion, namely: – (i) For children below four years, Safety harness shall be used for attaching the child to the driver of the motorcycle. (ii) Crash helmet. (iii) The speed of the motorcycle with the child upto age four years being carried as a pillion, shall not be more than 40 kmph."The State government submitted that it has taken steps to launch awareness programmes regarding children safety, wearing harness systems and crash helmets. It conceded that safety harness equipment was not readily available however, a meeting was held under the chairmanship of Additional Director General of Police and Commissioner Traffic and Road Safety, where certain motorcycle manufacturers and helmet manufacturers were present. "It is affirmed that the manufacturers have stated that safety harness systems and crash helmet systems, were under research and development stage and developing and testing of the same would take an estimated five to six months," the State submitted. To which the court said, “In substance it is stated that the equipment is not available and is under research and not developed. We consider it haphazard to direct the state to take steps in regards as expeditious as possible and preferably within six months.” Case Title: DR ARCHANA BHAT K AND State of Karnataka & ANR Case No: WP 27135/2023 Citation No: 2025 LiveLaw (Kar) 389 Appearance: Advocate Nitin Ramesh for Petitioner.

Karnataka High Court Directs State To Implement Rule On Speed Limit, Helmet And Safety Harness For Children Riding Pillion

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