Carrying a child on a two-wheeler in India: the harness, the helmet and the 40kph limit

If you carry a toddler on your scooter, the law already has a specific answer for you, and most riders have never read it. Rule 138(7) of the Central Motor Vehicles Rules, added by the Central Motor Vehicles (Second Amendment) Rules, 2022, says a child between nine months and four years carried as a pillion must wear a crash helmet and must be attached to the rider with a safety harness. The same rule caps the speed of that motorcycle or scooter at 40kph. The Ministry of Road Transport and Highways notified it on 15 February 2022, and it was to come into force one year after publication.

What the harness actually is

This is not a seat belt and it is not a child seat. The notification describes an adjustable vest worn by the child, which attaches to the shoulder loops of the rider so that the child's upper torso is held against the rider's back. Two large loops pass between the child's legs. The vest has to be lightweight, waterproof and made of heavy or multi filament nylon with high density foam, and it must be able to hold up to 30kg. In other words, a cloth strap bought off a pavement stall is not what the rule describes.

Which helmet counts for a child that small

An adult ISI helmet will not fit a two-year-old, and the rule accounts for that. Until Bureau of Indian Standards specifications are in place for this size, the notification points to international standards: ASTM 1447, or the European BS EN 1080 and BS EN 1078. Those are cycling and skating helmet standards, so a properly certified toddler cycle helmet is what the rule is describing, not a scaled down motorcycle lid.

For everyone older, the ordinary helmet law applies. Section 129 of the Motor Vehicles Act requires protective headgear conforming to Bureau of Indian Standards, which means IS 4151. On a genuine helmet the ISI mark on the shell carries the standard number and the manufacturer's licence number in the CM/L format, and BIS itself tells buyers to check that mark before paying, because an uncertified helmet is both illegal and a risk. You can verify a licence number on the BIS Care app.

Why Bengaluru parents will feel this first

Enforcement has been thin everywhere, and a court has said so. On 19 November 2025, a division bench of the Karnataka High Court, Chief Justice Vibhu Bakhru and Justice C M Poonacha, hearing a 2023 PIL by Dr Archana Bhat K, directed the state to take immediate steps to implement Rule 138(7) and to comply preferably within six months. The state told the court that manufacturers needed five to six months to develop and test the equipment. Days later, on 26 November 2025, Bengaluru's Joint Commissioner of Police (Traffic) Karthik Reddy said the city police had begun preparing to enforce it, and police officials put child helmets at around ₹1,000 in the market.

The underlying maths is not complicated. The World Health Organization's fact sheet on road traffic injuries says correct helmet use can reduce the risk of death in a crash by more than six times and the risk of brain injury by up to 74 per cent. Roughly 1.16 million people die on the world's roads every year. A ₹1,000 helmet and a harness for the child on the back of your Activa is the cheapest safety equipment you will ever buy.

Sources

• Helmets must for children under 4 on two-wheelers, Autocar India
• Karnataka High Court directs state to implement rule on speed limit, helmet and safety harness for children riding pillion, LiveLaw
• Helmet rule tightened: Mandatory for children aged 9 months to 4 years, The Hans India
• Ensure helmets have ISI mark before purchase, Bureau of Indian Standards
• Helmets, Transport Department, Chandigarh Administration
• Road traffic injuries fact sheet, World Health Organization