Residents who wear turbans also have to wear a helmet when they take the moped in Amsterdam on the road. That is the opinion of the court of Amsterdam. A turbaned resident filed a lawsuit for not wanting to wear a helmet because of his faith, but he is proven wrong.
–
Since April last year, light-moped riders have been banned from the cycle path to the road in large parts of the city. Because they now drive between the cars, the municipality introduced a helmet obligation at the same time.
Religious freedom
But this resident did not like that. According to him, he had good reasons to get an exemption from that helmet obligation. For example, he does not want to take off the turban because of his belief in Sikhism. And no helmet fit over his turban, he says. Mandatory wearing a helmet would therefore be a restriction on his religious freedom.
In addition, the turban, which is made with 5 to 7 meters of cloth, is so thick that it already offers protection.
Not cooperating
But the municipality does not want to cooperate with his request. According to the municipality, an exemption would only be possible if there are specific personal circumstances. And they are not there now, says the municipality. After all, this resident is not solely dependent on the moped to go from a to b. He can also travel by car, bicycle or public transport.
The court now rules that the municipality is right. His religious freedom is not restricted because the municipality does not oblige road users to take off the turban. The municipality only sets conditions for participation in traffic, according to the court.
–
