Helmets to be Sold Along with 2 Wheelers


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350Z

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A great steps towards the right direction, Read below for complete details:

Two-wheeler manufacturers will now have to sell their vehicles bundled with a helmet as the Supreme Court on Wednesday upheld the Delhi High Court's earlier order. Last year, the Delhi High Court had mandated compulsory purchase of helmet along with new two-wheelers. However, the Society of Indian Automobile Manufacturers (SIAM) had filed a Special Leave Petition (SLP) in the Supreme Court against the High Court order, arguing that the Motor Vehicles Act already stipulates the use of a helmet while riding a two-wheeler and the order amounts to changing the rule from “a helmet for a person” to “a helmet for a vehicle.”

The Supreme Court bench comprising Mr Justice G.S. Singhvi and Mr Justice A.K. Ganguly, however, said it was inclined to dismiss the SLP, after which the petitioner's lawyers told the court that they preferred to withdraw the plea instead. Industry officials said that the new ruling will be a problem for customers buying their second two-wheeler. Those already owning a helmet will still be forced to buy a new one. Moreover, companies may also have to bear the cost of bundling the helmet with the two-wheeler, because the customer may not be willing to pay that much extra.

PTI adds: SIAM also raised questions over the High Court's direction to provide only those helmets conforming to the Bureau of Indian Standards.
“The High Court made a serious error in directing that all purchasers of two-wheelers have to purchase helmet only from the dealer. “This direction curtails the freedom of the purchaser to purchase helmet from the open market and third parties. (Courtesy: Hindubusinessline)

Drive Safe,
350Z
 
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IMO, HC had done a correct ruling. It is a lame argument that the the owner will be forced to buy the helmet again if he is buying a second 2-Wheeler. the solution is very simple, just produce the RC of the first bike to substantiate the claim. I also think that High Court's direction to provide only those helmets conforming to the Bureau of Indian Standards is the one of the best decision. What is the use of buying a helmet for Rs. 50 /- from the road side? What sort of security is that gonna provide?

This direction curtails the freedom of the purchaser to purchase helmet from the open market and third parties.
I think we are enjoying too much freedom. Its time to stop it and make a tough call. If the law enforces the use of helmet, then all the shoroom should have an option to buy any of the helmets conforming to the Bureau of Indian Standards.

The order amounts to changing the rule from “a helmet for a person” to “a helmet for a vehicle
I simply don't understand what is wrong in that! the helmet should be per vehicle. The rear rider's head is not made of steel, right? There is nothing wrong in this decision.


I think rather than messing around with the laws, we should try to follow it. After all its for our own safety. Think about your parents, wife and kids! That is a good enough reason to wear the helmet [thumbsup]
 
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In most states, and cities, there is no implementation of the rule for wearing helmets.
Unless that becomes mandatory, it would just be a wasted effort. And once that becomes mandatory, then this will be an unnecessary ruling.
My two bits.
 
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Its just going to benefit the helmet companies, thats it. How much you sell the product if law can't be enforced to wear it, the real issue is lost.

I think we are enjoying too much freedom. Its time to stop it and make a tough call. If the law enforces the use of helmet, then all the shoroom should have an option to buy any of the helmets conforming to the Bureau of Indian Standards.
If somebody is not mis-using it, why shouldn't we enjoy the freedom, This is our basic right.
Yes the law should be enforced and helmet should be made compulsory, but why you have to buy when you already have one?
 
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Its just going to benefit the helmet companies, thats it. How much you sell the product if law can't be enforced to wear it, the real issue is lost.
Yes, this is going to help only those companies which produces BSI helmet with BSI standards. IMO, that is completely acceptable unless govt. can supply the same. Some one need to produce the helmets as per the guide lines. According to me this is a WIN -WIN situation for helmet companies and 2-wheeler owners. and by this ruling, HC is expecting the existing laws to be enforced per vehicle, which is good as the definition covers the rear rider too.

If somebody is not mis-using it, why shouldn't we enjoy the freedom, This is our basic right.
Its a open fact that majority violates the rule and those who stick to the rules, simply gets affected by the majority exploiting it. We should have all kind of freedom and I completely agree to that. However, I am against those freedom, which help the citizen to argue against a stipulated law with lame excuses. Classic example is wearing the helmet. Recently there was an attempt in Kerala to enforce helmet. Police took strict action against those riding with out helmet. People started racing on the street as soon as they are in sight with police; but never bothered to wear helmet!!! Ultimately couple of guys got killed in accidents as part of this 'escape race'. Newspaper held police responsible for the accidents and accused the govt. to be in tie up with helmet manufacturers. Activist groups /action counsels were formed against the move to make helmet mandatory [frustration] The result, DGP of police asked police officers not to take any action against /chase those who doesn't have a helmet!! Who is the winner here? I see this as an exploitation of law, which ensures the so called basic rights.

Yes the law should be enforced and helmet should be made compulsory, but why you have to buy when you already have one?
Yes, no one should be pushed to buy one if they already own a BSI standard helmet. There should be some mechanism to ensure this.
 

Akash

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Good move.
@RSM- Rightly said. Helmet rule has not been implemented well in many states till now.
 

AMG

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Now people will buy bike according to helmet.
Hero Honda gives better helmet than Bajaj, so I bought Xtreme instead of Pulsar:lol!:
 

Arun

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Now people will buy bike according to helmet.
Hero Honda gives better helmet than Bajaj, so I bought Xtreme instead of Pulsar:lol!:

It amuses me how you find humor in almost everything! Finally! People I can behave like a retard on the forum with. [clap]


About the issue:
It is a good move. I agree with Shynish, the pillion isn't Iron man for god damn sake. It is weird how Indians love, I mean L-O-V-E taking stuff for granted. I have seen everything from construction helmets to a cap used as a 'helmet' just to save themselves from the cops. Majority of the people wear helmets only to save their behinds from the extortionist cops.
 
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In most states, and cities, there is no implementation of the rule for wearing helmets.
Unless that becomes mandatory, it would just be a wasted effort. And once that becomes mandatory, then this will be an unnecessary ruling.
My two bits.
Fully agree with your two cents :agree: nothing is gonna happen until govt makes cumpolsory to wear helmets. rather they could have done that people will have to cumpolsory buy helmet seperately if they have a purchase first bike/2 wheeler.
 
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In Chennai it is mandatory to wear helmet for rider but not compulsory for pillion. Earlier it was even compulsory even for the pillion but after some protests the rule was taken off. But these stupid cops here hardly care for the rule and only catch hold of a biker when he is in need of some money. I wear my helmet always but most of the bikers wear it only in certain areas where they fear they will get caught and the rest of the times the helmet will be lying on the tank or in the helmet lock or the hands of the pillion rider!


IMO a very good move and should be implemented but something needs to be done about the problem pointed out by RSM.
 
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