Re: Only BIS-certified helmets to be made, sold in India for two-wheelers There are court rulings to this effect and the Motor Vehicles Act 1988 specifies the fact since decades. It is law of the land, which specifies that only BIS certified helmets be sold and used by two wheeler riders.
If there is such a ISI helmet specific law and the riders who wear thin plastic sheet made helmets that are available for anything between Rs 150-250 escape detection on busy streets, where a posse of policemen are on duty and CCTV traffic cameras are at work, we can only pray to God to save such souls from head injuries. Some of these plastic sheets over our skulls are weaker than our skulls, which God has made to at least withstand injuries up to a specific impact level.
The manufacturers of such thin plastic sheet helmets usually get their wares sold on the footpaths. It's common knowledge that come any law, the thin plastic sheet helmets will outsell the ISI branded helmets, as has been happening since ages despite a law already in place.
The blame lies with the State government enforcement agencies who allow all these illegally made helmet sales flourish. The Road Transport Ministry makes laws but has no enforcement wings to detect whether their laws are being followed at the ground level. The traffic police and the RTO need to ensure that the low quality, humpty dumpty helmets are banned. Quote:
The Motor Vehicles Act, 1988
Section 129. Wearing of protective headgear. - Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear * [protective headgear conforming to the standards of Bureau of Indian Standards:] provided that the provisions of this section shall not apply to a person
who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban : provided further that the State Government may, by such rules, provide
for such exceptions as it may think fit.
Explanation: – “Protective headgear” means a helmet which, -
(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a
degree of protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.
Corresponding Law. – Section 129 corresponds to section 85 – A of the
Motor Vehicles Act, 1939.
Objects and Reasons. – Clause 129 empowers the State Government to prescribe protective headgear to be worn by the drivers or pillion riders of motor cycle other than a person who is a Sikh wearing a turban and to make such exemption as the State Government thinks fit.
{ * Substituted by S. 38, ibid, for " a protective headgear of such descriptions as may be specified by the State Government by rules made by it in this behalf, and different descriptions of headgears may be specified in such rules in relation to different circumstances or different class or description of motor cycles" (w.e.f. 14-11-1994)} |
Last edited by anjan_c2007 : 27th December 2020 at 19:21.
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