Section128

The Motor Vehicles Act, 1988

Safety measures for drivers and pillion riders

Q: When did Section 128 of the Motor Vehicles Act come into force?

Section 128 of the Motor Vehicles Act, cited as MV Act 128, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.

In force From 01 Jul 1989 Act 59 of 1988 As on 15 Oct 2026

Act 59 of 1988 Ministry Road Transport and Highways Enacted 14 Oct 1988 In force 01 Jul 1989 Cited by 1 provision Instruments 2

Section 128 of the Motor Vehicles Act, 1988 deals with safety measures for drivers and pillion riders. No driver of a two-wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures. The Act came into force on 01 Jul 1989.

(1) No driver of a two-wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures.
(2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motor cycles and pillion riders thereon.
Section 128, The Motor Vehicles Act, 1988 (Act 59 of 1988).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

s. 194C Penalty for violation of safety measures for motor cycle drivers and pillion riders

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

High Court 12 Jul 2022 KAHC010465062018

… riders are also responsible for cause of the accident and accordingly, fastened 15% of the contributory negligence on the part of the pillion riders and also on the rider of the motor cycle and accordingly, awarded 85% of compensation to the claimants by deducting 15% of the compensation. The Tribunal referred to Section 128 of the Motor Vehicles Act which reads as under: > "128. Safety measures for drivers and pillion riders-(1) No driver of a two wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed …

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High Court 24 Nov 2017 KAHC030041752014

… & 201731/2014 assailing the common judgment of the Tribunal submits that as per the complaint lodged by a third party, it was deceased Amarsingh who was riding motorcycle bearing No.AP-26/N-1171 without valid driving licence. He was guilty of triple riding of the motorcycle in violation of provision of Section 128 of Motor Vehicles Act (for brevity 'the Act") therefore the owner and insurer of the motorcycle are necessary parties to the proceedings and not arraying them as respondents in the claim petition has vitiated the proceedings. The compensation amount awarded in both the cases is exorbitant. The claimants had not come …

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Made under this section, and citing it

2 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 128

What does Section 128 of the Motor Vehicles Act deal with?

Section 128 of the Motor Vehicles Act is headed "Safety measures for drivers and pillion riders". No driver of a two-wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures.

How do I find court cases under Section 128 of the Motor Vehicles Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 128, section 128 MV Act, section 128 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 128 of the Motor Vehicles Act, and has it changed?

1 other provision in this corpus refers back to it. 2 instruments name it without being made under it, most recently 11th G.S.R 394(E) dated 07.06.2021 accredited driver training centre (2021), then 17th GSR 575 (E) 11 August 2021 (2021).

When did Section 128 of the Motor Vehicles Act come into force?

Section 128 of the Motor Vehicles Act, cited as MV Act 128, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.