If you ride a motorcycle that is not factory equipped with safety belts, can you carry a passenger without a helmet?
Show the correct answer
Correct answer
C. No.
Explanation
In the photo there is a classic single-track motorcycle with a two-person seat, without a sidecar and without seat belts. When riding such a motorcycle, you are not allowed to carry a passenger without a safety helmet - answer C.
The Road Traffic Act states that the rider of a motorcycle, quadricycle or moped and a person carried on such vehicles must wear, while riding, safety helmets that meet the relevant technical conditions; the only exception is motorcycles factory-fitted with seat belts. So the obligation covers every passenger - both on the back seat (answer A) and in a sidecar (answer B), because a sidecar has no seat belts and does not protect the head if the vehicle overturns. The Act also forbids the rider to carry a passenger in a way that breaks this provision, so you are also responsible if the passenger has no helmet. Before anyone gets on, you check that their helmet is type-approved, fits well and is fastened - a loose or unfastened helmet falls off at the first impact.
Legal basis: Art. 40 para. 1 and 2 and Art. 45 para. 2 point 3 of the Road Traffic Act (Prawo o ruchu drogowym)