Answer By law4u team
In recent years, India has taken significant steps to improve road safety through stricter traffic laws. One such measure includes the mandatory use of seatbelts for rear seat passengers, which has often been ignored or misunderstood by the public. As per amended traffic regulations and enforcement efforts under the Motor Vehicles (Amendment) Act, 2019, wearing a seatbelt in the rear seat is legally required, and failure to comply can lead to penalties.
Legal Provisions and Requirements
Rear Seatbelt Rule:
According to Rule 138(3) of the Central Motor Vehicles Rules, 1989, and the Motor Vehicles Act, 1988, all passengers in a moving car, including those in the rear seats, must wear seatbelts.
Penalty for Non-Compliance:
As per the Motor Vehicles (Amendment) Act, 2019, not wearing a rear seatbelt can lead to a fine of ₹1,000 for the passenger. In some states, both the driver and the passenger can be penalized.
Responsibility of Driver:
The driver is legally responsible for ensuring all passengers, including rear seat occupants, are wearing seatbelts before driving. Failure to do so can result in additional penalties or points on the driver's license.
Enforcement and Surveillance:
Traffic police, especially in metro cities like Delhi, Mumbai, and Bengaluru, are increasingly using CCTV cameras and random checks to monitor rear seatbelt compliance.
Insurance and Liability Impact:
If a rear seat passenger is injured in an accident while not wearing a seatbelt, insurance companies may reduce compensation, citing contributory negligence.
Safety Awareness and Supreme Court Guidelines:
The Supreme Court Committee on Road Safety has repeatedly emphasized the enforcement of seatbelt usage for all occupants. Road safety campaigns now include awareness about rear seatbelt importance.
Exceptions and Applicability:
The rule applies to all private and commercial vehicles, except certain transport vehicles like auto-rickshaws and buses, where seatbelts are not installed.
Example:
In 2022, following the tragic death of former Tata Sons chairman Cyrus Mistry in a road accident while sitting in the rear seat without a seatbelt, the Maharashtra police and other state authorities began strict enforcement of rear seatbelt rules. In one instance, a car owner in Delhi was fined ₹1,000 after his rear seat passenger was found not wearing a seatbelt during a routine traffic check. The driver was also warned that future violations could result in higher fines or suspension of driving privileges.
