The High Court of Kerala on Wednesday ordered that both the driver and pillion riders have to wear helmets in the state.
The court was deciding on the appeal given by state government against the petition of an activist Basil Attippetty seeking the rule for making helmet mandatory for pillion riders as per Section 129 of the Motor Vehicles Act 1988 which mandates two-wheeler rider as well as the pillion driver has to compulsorily wear helmet.
Earlier state government had amended the rule by issuing a notification in 2003 excluding the pillion riders from wearing helmets which states “any person riding on a motorcycle other than the driver thereof need not wear a protective headgear.”
According to The New Indian Express report the petitioner said the government order excluding the pillion riders resulted in many lives being lost in accidents and the High Court, which had earlier confirmed the validity of Sec 129 of the Act, had also directed the state government to implement it across the state.
“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 Vehicle Rules is stayed,’’ HC said as per the report.
