Motorcycle Passengers Not Wearing Helmets Can Be Punished Under Article 291 Paragraph 2
Article 291 paragraph 2 is a regulation that refers to the discipline of every motorcyclist in using safety equipment while riding. If there are passengers who violate this rule, they can certainly be fined or even prosecuted according to the applicable articles.
This has been stated in Law No. 22 on Traffic and Road Transportation, which mentions that riders who do not comply with the rules or violate them can be fined or imprisoned. Article 291 paragraph 2 reads as follows.
"Every driver who allows their passenger not to wear a helmet as referred to in Article 106 paragraph (8) shall be punished with a maximum imprisonment of 1 (one) month or a fine of up to Rp250 thousand."
From this regulation, it is clear that not only the driver is required to wear a helmet while riding. It is also important for the passenger.
Considering the vital function of a helmet as a safety device in motorcycling, there are still reasons for drivers who disregard this rule. Some common reasons are short distances, forgetfulness, or even fear of flat hair.
These trivial reasons can actually lead both the motorcyclist and the passenger to face multiple charges. As a result, fines and sanctions can become double. How can that be? Let's look at the details of the articles.
In article 291 paragraph 2 it is written "As referred to in Article 106 paragraph (8)". This article mentions that both the rider and the passenger are required to wear helmets that meet SNI standards.
It should be noted that the wording of article 106 paragraph 8 is "Every person riding a motorcycle and the passenger of a motorcycle must wear a helmet that meets the national standard of Indonesia."
For the calculation of sanctions in article 106 paragraph 8, this falls under article 291 paragraph 1 which states,
"Every person riding a motorcycle not wearing a national standard helmet as referred to in Article 106 paragraph 8 shall be punished with a maximum imprisonment of 1 (one) month or a fine of up to Rp250 thousand.
For example, if a motorcyclist with a passenger is fined by the police because the passenger is not wearing a helmet, they could be fined up to Rp250 thousand. This violation does not yet include the calculation of sanctions if the driver's helmet does not meet SNI standards.
The total fine for violating two articles at once can amount to a maximum of Rp250 thousand plus Rp250 thousand, totaling Rp500 thousand. Do you still want to ride with a passenger if the fine is this much?
It's better not to take risks and not just remember the fines if you want to comply with riding regulations. Also consider the use of helmets that function as safety equipment in motorcycling.
Beware of fake SNI helmets, Here are the characteristics of SNI standard helmets
In Indonesia, the use of SNI standard helmets is a requirement for two-wheeled motor vehicles. Considering the SNI standards, it is better not to rely solely on the SNI logo on the helmet, as there are many counterfeit SNI helmets circulating freely without strict government supervision.
SNI certified helmets usually undergo strict testing such as g-shock tests, chin strap tests, and extreme tests like penetration. As a motorcyclist, you should know the characteristics of genuine SNI standard helmets.
To prove whether a helmet is genuine SNI or fake, it is not enough to just look at the physical observation. Because there are now many counterfeit SNI helmets that even use embossed SNI logos, making them look similar to the genuine ones.
However, there are some easy ways to identify genuine SNI helmets, which include checking the material. The build quality or material quality of SNI helmets certainly has a certain thickness level.
1. The helmet must consist of a hard shell with a smooth surface, an impact-absorbing layer, and a chin strap.
2. The height of the helmet must be at least 114 millimeters measured from the top of the helmet to the main plane, which is the horizontal plane passing through the ear holes and the bottom of the eye socket.
3. It must have protective components such as impact absorbers with a thickness of at least 10 mm, helmet mesh construction, chin straps, ear protectors, chin protectors, nape covers, ventilation holes, and nothing should protrude more than 2 mm from the helmet surface.
4. The width of the peripheral vision must be at least 105 degrees on each side and the vertical field of vision must be at least 30 degrees above and 45 degrees below the main plane.
These are some characteristics of genuine SNI helmets that are recommended. When riding, always obey traffic signs and applicable regulations. The habit of ignoring them can endanger your safety and that of others.
Author: Dinno Baskoro
