Passengers: Safety, Duties and Getting In and Out

Passengers are not just luggage. What they do affects the safety of everyone in the vehicle and on the road: a passenger without a seat belt can kill the person in front in a crash, a door opened without looking can knock down a cyclist, and a passenger who distracts the driver at the wrong moment can cause a collision. Indian law puts most of the duty on the driver, but passengers have their part to play too.

What the law says

• Who is a passenger: the Driving Regulations define a "rider or passenger" as anyone travelling on a motor vehicle other than as its driver, whether they pay or not.
• The driver's duties (Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017): make sure occupants wear seat belts where fitted; seat children up to 12 in a child restraint where one is provided; make sure riders and pillions wear helmets; make sure passengers obey the law on alcohol, drugs and smoking; do not let passengers, animals or loads block your view or hearing; and take care of everyone's safety when people get in or out.
• Seat belts: driving without a seat belt, or carrying passengers not wearing one, can be fined ₹1,000 under Section 194B, and so can carrying a child under 14 who is not secured (Rules 16 and 28).
• Two-wheelers: only one pillion, on a proper seat, wearing a helmet (Sections 128, 129, 194C and 194D; Rule 15).
• Too many passengers: carrying more passengers than permitted is fined ₹200 per extra passenger (Section 194A).
• Goods vehicles and tractors: people may not be carried on tractors, may not be carried for hire or reward in goods vehicles, and only the number shown on the registration certificate may ride in a goods vehicle's cabin (Regulation 32).

Getting in and out safely

• get in and out on the kerb side, away from traffic, wherever possible;
• before opening any door, check the mirror and look over your shoulder for cyclists, two-wheelers and pedestrians. A good habit is to open the door with the hand furthest from it: this turns your body so you look back naturally;
• open the door slowly and only as far as needed, and close it as soon as you are out;
• never get in or out while the vehicle is moving, or in the middle of a road at a red light;
• drivers should stop only where stopping is allowed, close to the left edge, so passengers do not step into traffic (Regulation 22; Rule 10); and
• help children, older people and anyone with a disability, and use child locks on the rear doors for small children (Rule 16).

During the journey

• wear your seat belt in every seat, including the back. An unbelted rear passenger is thrown forward in a crash with enough force to kill a belted front passenger (Rule 28);
• sit properly: feet on the floor, not on the dashboard, and never lean out of a window or sit on the sill or on the roof (Rule 28);
• do not distract the driver: avoid sudden shouts, arguments, showing them your phone or touching the controls. Help instead: read the navigation, watch for signs and keep children calm (Rule 14);
• never hand the driver a phone or ask them to answer one while driving (Regulation 37); and
• keep heads, hands and objects inside the vehicle. Do not throw anything out of the window.

When the driver is unsafe

• if the driver is speeding, using a phone, very tired or has been drinking, say so calmly and ask them to slow down or stop (Rules 14 and 29);
• never get into a vehicle with a driver who has been drinking. Find another way home; and
• in a taxi, auto or app cab, sit in the back, wear the seat belt, share your trip with a friend if the app allows it, and ask the driver to slow down if you feel unsafe. You can report unsafe driving to the operator or the police.

Buses, autos and shared vehicles

• wait for the bus to stop completely before getting on or off, and use the door on the kerb side (see Bus stops and bus lanes);
• hold on to a rail when standing, and never travel on the footboard, roof or ladder of a bus;
• in an auto-rickshaw or shared jeep, do not sit next to the driver or hang outside the vehicle; and
• once off the bus, do not cross in front of it or behind it where drivers cannot see you. Wait until it has moved off, then cross where you can see and be seen (Rule 26).

Common mistakes

Remember