GOVERNMENT OF TAMIL NADU

ABSTRACT

Motor Vehicles – Compulsory wearing of helmet to two wheeler drivers and pillion riders in the State of Tamil Nadu – Schedule for implementation – Orders – Issued.

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Home (Tr.V) Department

G.O.Ms.No.292 
Dated: 22.2.2007

Read:

1) G.O.Ms.No.567, Home (Transport) Department dated: 8.3.1985.

2) G.O.Ms.No.1119, Home (Transport) Department dated: 26.6.1989.

3) From the Special Commissioner and Transport Commissioner letter No.5837/E1/2007,
dated: 6.2.2007.

4) From the Special Commissioner & Transport Commissioner D.O.letter R.No.4498/E1/2007,
dated: 13.2.2007.

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ORDER:

In the G.O. first read above, a rule provision was inserted in the repealed Tamil Nadu Motor Vehicles Rules, 1940 according to which (rule 449-A) every person driving or riding a motorcycle shall compulsorily wear helmet. However, subsequently in the G.O. second read above, the Government informed that wearing of helmet need not be made compulsory pending amendment to the above rule. Consequent on the repeal of Motor Vehicles Act, 1939 (Central Act) and the Tamil Nadu Motor Vehicles Rules, 1940 and enactment of new Motor Vehicles Act, 1988 (Central Act 59 of 1988) and framing of new Central Motor Vehicles Rules, 1989 with effect from 1.7.1989, the Government orders first and second read above have become redundant.

2. In the reference third read above, the Transport Commissioner has stated that eventhough second proviso to section 129 of Motor Vehicles Act, 1988 (Central Act 59 of 1988) enables the State Government to make rules providing for exceptions in its discretion, if considered necessary, so far no rule provision has been made for such an exemption in the Tamil Nadu Motor Vehicles rules, 1989. The Transport Commissioner has further requested that the Government may issue orders withdrawing the G.O.Ms.No.1119, Home (Tr.V) Department dated: 26.6.1989, with a view to ensure total compliance to the provisions of section 129 of the Motor Vehicles Act, 1988(Central Act 59 of 1988) and the Rule 138(4)(f) of Central Motor Vehicles Rules, 1989 and suggested that helmet wearing may be made compulsory for all the two wheeler riders (driver and Pillion), since compulsory wearing of helmet is welcomed by most of the sections of the public. He has further requested that the Government may implement, compulsory wearing of helmet in a phased manner, in view of the fact that the two wheeler population, as on January 2007, in Tamil Nadu stands at 71,81,084, out of which, 15, 19,357 are in Chennai City alone and as such adequate time has to be provided to ensure availability of sufficient number of helmets of the required quality. Keeping this in view, he has requested that three months time may be provided to implement compulsory wearing of helmet.

3. The Government have examined the proposal in the light of the aforesaid provisions of the Motor Vehicles Act, 1988 (Central Act 59 0f 1988) and Central Motor Vehicles Rules, 1989 and taking into account the fact that helmet wearing will prevent severe head injuries during road accidents and ensure the overall safety of the two wheeler drivers and pillion riders, pass the following orders:

i) Cancel the G.O. second read above,

ii) All Two wheeler drivers and pillion riders shall compulsorily wear helmets,

iii) That the helmets shall be as per the requirements of the Bureau of Indian Standards as laid down in the above

mentioned Act and Rules.

iv) That the schedule as below will be followed in implementing the wearing of helmets by both drivers and pillion riders in the State of Tamil Nadu:-

(a) 1.6.2007 – Implementation of compulsory wearing of helmets in Chennai City and other 5 Municipal Corporations (Madurai, Coimbatore, Trichy, Salem, Tirunelveli); and

(b) 1.7.2007- Implementation of compulsory wearing of helmets in the remaining areas in the State of Tamil Nadu,

(V) Penal provision under section 177 of the Motor Vehicles Act, 1988 will apply for the violation of non–wearing of helmets by two wheeler drivers and pillion riders i.e. for the first offence with fine which may extend upto one hundred rupees, and for any second or subsequent offences with fine which may extend upto three hundred rupees.

4. The Government also direct that the Transport Commissioner, Commissioners of Police, Superintendents of Police and Regional Transport Authority of the districts shall take necessary action to ensure easy availability of helmets of the required standards and also take all necessary steps to create awareness among the two wheeler drivers regarding the need to wear helmets to ensure safe travel.

(BY ORDER OF THE GOVERNOR)

S.Malathi
Secretary to Government

To

The Transport Commissioner, Chennai.5

The Commissioners of Police, Chennai.8/

Coimbatore /Madurai/Trichy/Salem and Tirunelveli

The Regional Transport Authorities

All Superintendents of Police.

The Director General of Police, Chennai-4.

// Forwarded by order//

Section Officer