According to the latest mandate from the Supreme Court of India, manufacturers will now have to sell helmets along with their two wheelers. Delhi High Court made it a necessity for dealers to sell helmets confirming to BSI norms along with the new two wheelers purchased, as original equipments and curtailed the registration of the vehicle without the same.
This news comes after the earlier decision by Delhi High Court on 30 July 2009 was challenged by SIAM (Society of Indian Automobile Manufacturers) quoting the restriction of people’s freedom to buy a helmet of their choice. SIAM also presented the fact that it would be worthless (and imperative) for a person who already owns a helmet prior to buying a new two wheeler. SIAM also pointed out to the clash of Motor Vehicles Act, which mentions “Helmet for a person” rather than ‘Helmet for a vehicle’.
The apex court was firm on their decision and said “Let there be more helmets. When you are buying a second scooter of Rs.40,000, then you can buy a helmet also, which is of Rs.300 only”. This move makes it mandatory for the makers to sell helmets along with every two wheeler they sell which in turn means extra expenses on the buyer.
Looking at the positive side of it, it would encourage new and less aware (till now) two wheeler owners to wear a helmet since they have paid for it (be it forcefully!). This move is definitely one in the right direction if made into effect with proper care but it also raises a concern about the actual quality of the helmets which would be provided.
BikeAdvice urges all its readers to ride with proper care and WEAR A GOOD QUALITY HELMET……ALWAYS…!
Saad Khan
saad@bikeadvice.in
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{ 11 comments… read them below or add one }
authorities should ensure that heavy vehicles,bus drivers and cars drive safely and avoid injuries to 2 wheelers. in such a case helmet is not at all necessary.
talking of helmets…which one do u guys use…
i use a GPR helmet liked it bcoz of its air circulation pattern…little pricey 2500/- but its a one time investment
This is a SERIOUS ERROR in JUDGEMENT.
Coming Soon – Washing Powder compulsory with Clothes !
Lets be Practical, and NOT DOGMATIC.
Why do you take away the RIGHT of the common man to choose his helmet.
When Judges, Ministers live in AC Houses, Travel Fancy Cars, with Gun Totting Security – do they lose sight of PRACTICALITY of Common Mans Life?
This is ridiculous. First of all, there is no point in buying a helmet if the customer already have one. Second is the customer will not be having the option to choose the right helmet.
true.. helmets have to be made compulsory.I live in Udupi(manipal) which is a city municipality and not a corporation. so the state law doesnt mandate municipality bound riders to wear helmets. Last week (july 1st) I skidded off my honda Dio, trying to avoid an on-coming Truck. When I got up from the accident site, I realised I had bruises all over me left side of the face, and also lost my left incisor tooth. Now i have recovered, and try to rewind the incident and think, what would have happened on that fateful day, if i had worn a helmet(full face) which’s been lying at home for years.
this rule sucks big time….i already have two helmets….i am waiting for my tbts….i have bought one recently for my new ride…i have to spend again on helmet..tat sucks
those judges who travel on the backseat of cars dont know the problems of common man…..
This is just ridiculous. Yes, wearing a helmet is a necessity but asking people to buy a cheap helmet along with the bike is hardly a solution..
One of the major causes of deaths by road accidents is attributed to head injuries, which can be prevented by using helmets and adhering to traffic rules, but If I already have helmet then why we pay again with new bike… I read some on http://www.lawisgreek.com/india-legal-news-selling-helmets-with-two-wheelers-is-mandatory-says-sc/
Like the saying goes: you can take the horse to the water but you cannot force it to drink. You see so many riders who put the helmets, not on the head but on the handlebar or keep it on the tank or chain it to the back seat(to protect their a**???)!!! They will only put it on when they see a trafic police van.
Two days back I saw a terrible accident involving a motorcycle and a truck. I don’t know whose fault it was or if both were responsible. But the fact that the motorcyclist wasn’t wearing a helmet was a giveaway to the fact that he wasnt too concerned about safe driving anyway.
So when I see comments like S.B.s who beleive that the problem is with “everyone else” it is a sad reminder that for most Indian mototrists “safe driving” is something that others should follow, not they themselves.
Hi Guys,
It appears our friend DD has hit the bulls eye.
Our apex court instead of forcing the individuals to buy helmet along with two wheelers it should concetrate more on ways and means of educating the public on the dangers of riding a two wheeler without a helmet .
For this they may come up witha regulation wherein they can ask the manufacturers to contribute certain percentage of the profit towards this activity.
Let them come out with edcative hoardings , tv commerisals etc with the amount collected.
Let the education start at school level so that the childern are also made to learn the importance of wearing helmets at a younger age.
We indinas have the inborn habit of breaking rules.
creating awareness is the only option so that atleast some percentage of people will learn.
JIYO OUR JINE DHO.
I support the move by the Supreme Court but the concerns of the riders are also genuine. So, what I recommend is that the Bike manufacturers should be ordered to provide Free helmets with every new bike purchased at there outlet or else a Voucher which can be exchanged for a Helmet of our choice at select outlets be given. And why not wear a new Helmet with a New Bike. When the customer is spending huge amounts of 50-80k rupees on the bikes can’t the Automobile manufacturers give a little gift in the form of a helmet, don’t we get the seat belts freely installed in the Cars? then why cant the helmets be. This can also be done by a little support from the government by providing little subsidy to the Automobile Manufacturers on the vehicles and Helmets, after all the safety of the citizens should be the primary importance to the Govt.
And particularly the Helmets should be provided free with the low end bikes where the customers buying these bikes are too price concerned and try to save money by not purchasing Helmets.