The State is mandated to effectively implement safety regulations for child pillion riders under the Central Motor Vehicles Rules, and cannot use the absence of market-available equipment as a permanent excuse for non-compliance once statutory deadlines have passed.

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018, PRAYING TO ISSUE APPROPRIATE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO STRICTLY IMPLEMENT RULE 138(7) OF THE CENTRAL MOTOR VEHICLES (SECOND AMENDMENT) RULES, 2022 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

and

HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioner has filed the present writ petition, inter alia, praying that directions be issued to the respondents to strictly implement Rule 138(7) of the Central Motor Vehicles (Second Amendment) Rules, 2022.

2. The said rule is set out below:

"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 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.

(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."

3. In view of the above, this Court had directed the Government of Karnataka to file a response furnishing the relevant details pertaining to the subject matter and to take a stand in respect to the prayers made in the present petition.

4. The State Government has filed the statement of objections. It states that till the aforesaid rule – Rule 138(7) of the Central

Motor Vehicles (Second Amendment) Rules, 2022 – was brought into force, the public was unaware of the safety measures that were to be taken when children are riding as a pillion rider on motor cycles and other two wheelers. Therefore, the State had taken steps to launch awareness programmes to create awareness regarding children's safety and the wearing of safety harness system and crash helmets.

5. It is stated that the relevant authorities had also conducted a meeting under the Chairmanship of the Additional Commissioner for Transport (Enforcement) (South), together with the two wheeler dealers in the State and their representatives for implementing the said rule. It is stated that it was found that safety harness equipment was not readily available off the shelf in the market. Thus, it was necessary to create awareness and also to ensure that the equipment is available