MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI I.D.SWAMI)
(a) & (b): Section 129 of `The Motor Vehicles Act, 1988` provides that every person driving or riding, otherwise than in a side car, on a motor cycle of any class or description shall, while in a public place, wear a protective headgear conforming to the standards of Bureau of Indian Standards. The provisions of this section, however, do not apply to a Sikh if he is, while driving or riding on the motorcycle in a public place, wearing turban or to a class or group of people specifically exempted under the Rules framed by the State Governments. The Government of National Capital Territory of Delhi have amended Rule 115 of the `Delhi Motor Vehicles Rules, 1993` to make it optional for women, driving or riding on a motorcycle to wear a protective head gear.
(c): The number of persons challaned in Delhi for not wearing helmets while driving or riding a motorcycle/scooter was 2,54,672 in the year 2002 and 31,303 in the year 2003 (upto 15th February, 2003).
(d) & (e): The provisions of `The Motor Vehicles Act, 1998` regarding wearing headgear while driving or riding a motor cycle are equally applicable to the police personnel and in case they are found to be violating these provisions, they are prosecuted like any other citizen. Delhi Police have not, however, maintained any separate data of the police officials prosecuted for not wearing protective headgears.