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Triple Riding on a Two-Wheeler? Here's What Section 128/194C Says
Detailed information about Triple Riding on a Two-Wheeler? Here’s What Section 128/194C Says
Triple-riding — carrying two pillion riders on a two-wheeler — is a common but illegal practice in India. The Motor Vehicles Act addresses this directly. This post explains the legal position under Section 128, the penalty provision in Section 194C, how enforcement and state fine schedules work in practice, and what you can do if you get challaned.
Short summary
Section 128 prohibits carrying more than one person in addition to the driver on a two-wheeler (i.e., no triple riding). Section 194C creates a penalty for violating safety measures under Section 128, including fines and a possible short period of licence disqualification; however, states often publish local fine schedules that list amounts and administrative steps. :contentReference[oaicite:0]{index=0}
What Section 128 says
Section 128 of the Motor Vehicles Act deals with safety measures for drivers and pillion riders. The most relevant provision for riders is straightforward: no driver of a two-wheeled motorcycle shall carry more than one person in addition to himself, and any pillion must sit on a proper seat secured to the vehicle and use appropriate safety measures. In short — driver + one pillion only; carrying two pillions (triple riding) is unlawful. :contentReference[oaicite:1]{index=1}
Why the law exists
The restriction is safety-driven: too many riders compromise balance, braking, and visibility, increasing the likelihood and severity of accidents. The seating and safety-equipment rules help ensure pillion riders are not placed at unnecessary risk.
What Section 194C prescribes
Section 194C of the Motor Vehicles Act prescribes punishment for violating safety measures for motorcycle drivers and pillion riders (i.e., contravening Section 128 or rules thereunder). The central text provides a penal framework; commonly reported consequences include a monetary fine and a temporary disqualification from holding a driving licence. Please note: the central provision establishes the offence — the exact penalty amounts and procedural handling often appear in state e-challan or fine schedules. :contentReference[oaicite:2]{index=2}
How police enforce this rule
Traffic police enforce the triple-riding prohibition during routine patrols, checkpoints, and while clearing congested areas. Enforcement may be by way of:
- On-the-spot challans issued by a uniformed officer;
- Inclusion in e-challan systems where states map central sections to local fine amounts; or
- Combined action (fine + instruction to remove extra passengers or impound in extreme cases where safety is at immediate risk).
Officers usually record the vehicle number, driver details and issue a receipt or e-challan with instructions to pay or contest. Always ask for the officer’s name, badge number and collect a proper receipt. Cooperation and collected evidence help in later disputes. :contentReference[oaicite:3]{index=3}
Fines, disqualification & state schedules
The central statute creates the offence; states commonly publish a schedule of fines tied to sections like 128 / 194C. In practice you will see variations in amounts — some state e-challan tables list small fixed fines (e.g., ₹100) while legal commentary and central summaries reference higher fines and licence disqualification provisions. If you receive a challan check the e-challan notice, or the state transport/traffic website, for the exact penalty and payment options. :contentReference[oaicite:4]{index=4}
Because state schedules differ, two practical rules apply: (1) the statute (Sections 128/194C) defines the offence and potential legal consequences; (2) the enforceable fine you actually pay will usually match the state’s posted rates and the e-challan particulars.
How to contest a triple-riding challan
If you believe a challan is erroneous (wrong vehicle, misidentification, or a safety-critical but lawful exception), take these steps:
- Preserve evidence: photos of the scene, witness details, dashcam/GPS logs if available.
- Download or screenshot the e-challan and any photographic evidence on the notice.
- Use the state e-challan portal or the traffic police grievance process to submit a representation — many states allow an online initial representation. See our guide on contesting challans for process and templates. Related: How to Contest a Wrongly Issued Challan.
- If administrative routes fail, consult a lawyer about filing a court petition — keep all receipts and correspondence safe.
Practical safety tips (and why you should avoid triple riding)
- Follow the rule: carry only one pillion on two-wheelers.
- Use proper seats and ensure pillion riders wear helmets that meet BIS standards (if applicable in your state). See helmet rules and penalties for more details. Related: Driving Without a Helmet.
- Avoid overloading — balance and stopping distances degrade markedly with extra passengers.
- If you need to move three people, use a four-wheeler or a second two-wheeler — it’s safer and lawful.
Conclusion
Triple riding on two-wheelers is unlawful under Section 128, and Section 194C provides the penalty framework for violating safety measures. Enforcement varies by state, so always check the e-challan notice and the local traffic portal for exact fines and payment/representation options. Above all, safety should be the driver: avoid triple riding to protect lives and prevent legal consequences.
- Driving Without a Helmet: What Section 129/194D Says
- No Seatbelt in the Car? Understanding Section 194B of the MV Act
- What is Section 183(1)(i) of the Motor Vehicles Act?
- What to Do If You Get a Speeding Challan in India
- Can You Contest an Over speeding Challan?
- How to Contest a Wrongly Issued Challan: Legal Steps & Rights
- Towing & Seizing of Vehicles Under MV Act
- Driving Without RC or Insurance? (Sections 39 & 192)
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Authoritative sources: IndiaCode (Motor Vehicles Act), Ministry of Road Transport & Highways.