KOCHI: Kerala high court has clarified that the State government won’t be able to change the Central government’s Motor Vehicle rule that two-wheeler riders and pillion riders should wear helmets.
The division bench including the chief justice observed this, pointing out that “the amendment brought about by the Central government in the Motor Vehicle act, has been in effect all over India since August”.
“As per the amendment, all persons above four years of age should wear helmet. As per the 129th section of the old Motor Vehicle Act, the State government had the right to give concessions in the case of helmet rule. This power stands nullified with the amendment of the act this year,” the court said.
The court pointed out the October 16 stay placed on the provision of concession incorporated in the Kerala Motor Vehicle Act through including 347 A, in accordance with the old law.
The court was considering the petition filed by one George John against this section of the Kerala Motor Vehicle Act and the government’s appeal against the stay.
The petition and appeal will be considered again on November 19.