corporate law

New Airbag Regulations: Enhancing Vehicle Safety Standards in India

Introduction

To enhance safety for occupants in motor vehicles designed to transport up to eight passengers, Shri Nitin Gadkari, the Minister of Road Transport and Highways, has approved a Draft GSR Notification that mandates a minimum of six airbags in such vehicles.

Background of the Airbag Mandate

The Ministry previously mandated the installation of a driver’s airbag effective from July 1, 2019, and a front co-passenger airbag from January 1, 2022. To further mitigate the effects of frontal and lateral collisions on both front and rear seat occupants, the airbag requirements have now expanded.

New Airbag Requirements

Under the updated regulations, vehicles classified in the M1 category must be equipped with:

  • Two side/side torso airbags for the front row outboard seats.
  • Two side curtain/tube airbags for all outboard passengers.

This initiative aims to enhance the safety of motor vehicles across all price tiers in India.

Important Notification

As of September 2023, the government clarified that the six-airbag requirement will not be mandated for all vehicles. The draft notification lapsed in April 2023 without a conclusive directive.

The government has now shifted its focus to voluntary safety ratings under the Bharat NCAP program, which encourages, but does not require, the installation of six airbags.

Bharat NCAP (New Car Assessment Programme):
Vehicles receive star safety ratings based on crash tests adhering to the AIS 197 standard, which evaluates side impacts and head protection, although six airbags remain non-mandatory. Consumers are urged to opt for cars with higher safety ratings, leading many manufacturers to offer six airbags as a standard feature in more models.

Official Notification

Ministry of Road Transport and Highways

New Delhi, Dated: January 14, 2022

Notification

G.S.R. 16(E).—The following draft rules amend the Central Motor Vehicles Rules, 1989. These changes are proposed under Section 110 of the Motor Vehicles Act, 1988 (59 of 1988). This notification is published as mandated by sub-section (1) of Section 212 of the Act to inform all affected parties. The draft rules will be evaluated after thirty days from when copies of this notification are made publicly accessible.

Draft Rules

  1. Short Title and Commencement

    • (1) These rules may be cited as the Central Motor Vehicles (Amendment) Rules, 2022.
    • (2) These rules shall come into force upon publication in the Official Gazette.
  2. Amendments to Central Motor Vehicles Rules, 1989

    • A new sub-rule (9B) will be added to Rule 125:
    • “(9B) Notwithstanding the provisions in sub-rules (9) and (9A), the following definitions and provisions apply:
      • Vehicles under category M1 manufactured after October 1, 2023, must include:
        • Two side/side torso airbags for front row outboard seating positions,
        • Two side curtain/tube airbags for all outboard seating positions.
      • Verification of compliance for these airbags will adhere to AIS-099 as amended, until the establishment of specifications by the Bureau of Indian Standards (BIS) under the Bureau of Indian Standards Act, 2016 (11 of 2016).

    Definitions:

    • i) “Side/side torso airbag” is defined as an inflatable restraint device positioned in the seats or side structure of the vehicle, deployed during a side impact, targeting torso injuries and preventing occupant ejection for front row outboard passengers. Deployment may also occur in other crash scenarios as per the manufacturer's discretion.

    • ii) “Side curtain/tube airbag” refers to an inflatable restraint device incorporated into the vehicle's side structure, designed for deployment in side impacts or rollovers. Its primary function is to reduce head injuries and prevent occupant ejection for outboard seating. Like side torso airbags, these airbags can also deploy in various crash modes as designated by the manufacturer.