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Notification issued for safety measures for children below four years of age, riding or being carried on a motor cycle.
By PIB Delhi
The Ministry of Road Transport and Highways, vide notification dated 15th February, 2022 has amended Rule 138 of CMVR, 1989 and has prescribed norms related to safety measures for children below four years of age, riding or being carried on a motor cycle. This has been notified under Section 129 of the Motor Vehicles Act, which mandates that the Central Government may, by rules, provide for measures for the safety of children below four years of age, riding or being carried on a motor cycle. Further, it specifies use of a safety harness and crash helmet. It also restricts speed of such motor cycles to 40 kmph.
These rules will come into force after one year from the date of publication of the Central Motor Vehicles (Second Amendment) Rules, 2022.
Click the link below for the Gazette Notification
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 15th February, 2022
G.S.R. 126(E).—Whereas, the draft rules further to amend the Central Motor Vehicles Rules,1989
were published, as required under sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of
1988), vide notification of the Government of India in the Ministry of Road Transport and Highways,
number G.S.R. 758(E), dated the 21st October, 2021, in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby before
the expiry of the period of thirty days from the date on which copies of the Gazette notification containing
the draft rules were made available to the public;
And whereas, copies of the said Gazette notification were made available to the public on the
25th October, 2021;
AND whereas, the objections and suggestions received from the public in respect of the said draft
rules were considered by the Central Government;
Now, therefore, in exercise of the powers conferred by clause (aa) of section 137 of the Motor
Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules further to
amend the Central Motor Vehicles Rules, 1989, namely:-
- Short title and commencement. – (1) These rules may be called the Central Motor Vehicles (Second
Amendment) Rules, 2022.
(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication
in the Official Gazette. - In the Central Motor Vehicles Rules, 1989, in rule 138, after sub-rule (6), the following sub-rule shall be
inserted, namely: –
“(7) 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.
Explanation.- Safety harness is a vest to be worn by the child, which shall be adjustable, with a pair of
straps attached to the vest and forming shoulder loops to be worn by the driver. This way, the upper torso of
the child is securely attached to the driver. A feature by which this is achieved is by attaching the straps to
the back of the vest and crossing the straps over the vest so that two large crossing-over loops are formed
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
that pass between the legs of the passenger and child sits on the seat of the two-wheeler. The protective
gear including Safety harness shall meet the following requirements till such time the specifications are
prescribed by the Bureau of Indian Standards under the Bureau of Indian Standards Act, 2016 (11 of
2016):-
Specifications of Safety harness
(a) Light weight, adjustable, waterproof and durable;
(b) Heavy nylon/ multi-filament nylon material with high density foam with sufficient cushioning;
(c) Shall be designed to hold weight upto 30 kg.
The figures are for illustration
(ii) Crash helmet: The driver shall ensure that the child pillion passenger aged between nine months and
four years must wear his own crash helmet which fits his head or wear bicycle helmet complying with
[ASTM 1447]/ [European (CEN)BS EN 1080/BS EN 1078] till such time that the specifications are
prescribed by the Bureau of Indian Standards under the Bureau of Indian Standards Act, 2016 (11 of 2016).
(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.”.
[F. No. RT-11028/01/2021-MVL]
AMIT VARADAN, Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Subsection (i), vide notification number G.S.R. 590(E), dated the 2nd June, 1989 and last amended
vide notification number G.S.R. 48(E), dated the 27th January, 2022.
