Helmet rule: Petition filed in Madras HC against TN govt's notice

PTI Chennai | Updated on January 24, 2018

A petition has been filed in the Madras High Court challenging a recent public notice by Tamil Nadu Government that wearing of helmets by two—wheeler riders and pillion riders would be compulsory from July 1 and that bike’s registration document would be impounded in case of violation.

Petitioner D Gopalakrishnan, a clerk of an advocate in the high court, submitted that the notice issued on the basis of the Motor Vehicles Act (MVA), 1988 does not have any provision for impounding vehicle documents in case of violation.

He said the notice was issued on June 18 on the basis of Section 206 of the Motor Vehicles Act (MVA), 1988. The act did not mandate impounding of documents for not wearing headgears and moreover there was no reference to the pillion riders, he contended.

He further said Section 129 of the MVA makes it mandatory to wear helmet by two—wheeler drivers while section 177 speaks about the punishment for offences under the act. But none of the provisions contemplate that documents should be impounded for not wearing helmet.

Hence he prayed the court to grant interim stay on further proceedings of the public notice.

The petition is expected to come up for hearing tomorrow, a day before the helmet rule is set to come into force. PTI COR VS SMN 06300039

Published on June 30, 2015

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