Compulsory helmet resurfaces as pillion rider’s headache

Kathmandu, Mar. 10: To buy or not to buy?  Once again, motorcycle riders in the country face a dilemma whether to buy a new helmet as the Road and Transportation Management Bill-2081 proposes to make it mandatory for the pillion rider.

The draft of the Road and Transportation Management Bill includes a provision that both the rider as well as the pillion must wear helmets. 

Over the past decade, this issue has been raised at least five times. The Traffic Management Act does have this provision, but it has not been effectively enforced. Hence the hue and cry.  

Some people have raised objections, claiming that the ongoing discussions are influenced by the commercial interests of helmet manufacturers or sellers.

Following the publication of the draft Bill, the debate has heated the public discourse. The Ministry and the Traffic Police, responsible for law enforcement, have welcomed the provision, emphasising that citizen safety should take precedence over commercial interests.

Helmet business owners also support this provision in the draft. However, consumer protection advocates criticize it, alleging that the move has been made to serve business interests.

As per Section 130, Subsection 2 of the Road and Transport Management Act-2049 both the motorcycle rider and passenger should wear helmets for safety. But despite repeated attempts, implementation has been unsuccessful.

While safety concerns make this provision important, repeated efforts to make new laws without enforcing existing ones raises suspicions of potential conflicts of interest.

The draft of the 2081 Bill reiterates this requirement in Section 42 of the Subsection 3, which states that both the driver and passenger of motorcycles and similar two-wheelers must wear helmets.

With the increasing popularity of ride-sharing services in Nepal, stakeholders argue that helmets are necessary for passenger safety.

According to the Kathmandu Valley Traffic Police, a large number of recent fatalities in motorcycle accidents involve passengers sitting behind. 

Superintendent of Police (SP) and Spokesperson for the Valley Traffic Police Office, Sanjay Bahadur Raut, said that helmets save lives and that this regulation is essential.

He also noted that the police have been training both riders and passengers about helmet use in their traffic awareness classes.

While some critics viewed this as a business-driven move, SP Raut emphasisd that the primary concern is the safety of citizens. He urged people to understand that the regulation is for their own protection.

Helmet retailer, Harish Sharma of Madan Auto in Teku, acknowledged that the new regulation will likely increase business but stressed that safety should be the primary concern. He stated, "While the provision may slightly boost sales, most households already have two or three helmets, so we don't expect a huge increase in sales."

Meanwhile, Nirajan Thapa, owner of Subhashree Helmet House, Teku, highlighted the importance of helmet quality over quantity. "The helmets provided for free with motorcycles are often of poor quality, and wearing such helmets won't ensure passenger safety. It's crucial for people to wear helmets that meet government standards," he added.

Helmet business had already been decreasing compared to last four-five years because of online business and as there are already three to four helmets in one house. Normal and very low-quality helmets cost Rs. 1,200 and medium quality ones range from 3,500 to Rs. 6,500. He said that there are some youngsters in Valley who use helmets that cost over Rs. 150,000 to Rs. 200,000.  

But consumer protection advocate Bishnu Timilsina criticised the draft, suggesting that it reflects the commercial interests of helmet companies rather than public safety, as no proper study was conducted before proposing this law. 

He also raised concerns about the necessity of helmets on roads with speed limits, like the Ring Road, questioning whether such a law is needed in areas with low-speed limits (50 km/hour).

The World Health Organization (WHO) has repeatedly expressed concern about motorcycle accidents and has stated that wearing quality helmets is an effective way to reduce fatalities and serious injuries. 

WHO has also emphasized that the government must ensure the availability of quality helmets, as part of the United Nations' "Decade of Action for Road Safety 2021–2030," which Nepal has ratified.

According to Nepal Police record, the country witnessed at least 75 road accidents daily on average with around seven people losing their lives in them. The police recorded 2,276 accidents in the month between mid-December to mid-January, 2025 that killed 197 people. 

The report showed that motorcycles meet with the highest numbers of accidents. Of 3,374 that crashed in a span of a month, 2,076 -- around 70 per cent -- were motorcycles.