Section 129 of the Motor vehicles Act stands amended by the Motor Vehicles (Amendment) Act 2019, dated 09.08.2019. The second proviso in the section is – “Provided Further that the Central Government may by rules provide for the measures for the safety of children below four years of age riding or being carried on a motor cycle”.
Ministry has made draft rules vide GSR 758(E) dated 21 Oct 2021, recommending –
- For children below four years, Safety harness shall be used for attaching the child to the driver of the motorcycle.
- The driver shall ensure that the child pillion passenger aged between 09 months and 4 years must wear his/her own crash helmet which fits his/her 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.
- The speed of the motorcycle with the child upto age 4 years being carried as a pillion, shall not be more than 40 kmph.