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:-
1. 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.
2. 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.