Manufacturers to provide helmet with bikes from tomorrow

New Delhi, Mar 15 (UNI) The Delhi High Court has refused to stay the Government's decision, making it compulsory from tomorrow for the two-wheeler manufacturers to provide helmet at the time of the sale of the vehicles.

While hearing a petition of the All India Helmet Manufacturers' Association (AIHMA), a division bench of Justice Mukul Mudgal and Justice B N Chaturvedi said there was no need to stay the notification, which was in the better interest and safety of the public.

The court adjourned the matter for further hearing on March 29 after hearing the arguments of Senior Counsel Rajiv Nayar, who represented the association.

The Government Counsel, representing the Ministry of Surface Transport, submitted that the two-wheeler manufacturers would be compelled to provide a helmet with the vehicle.

The Association had challenged the Central government's decision directing the manufacturers to provide helmets along with the two-wheelers to its customers.

The Union government, through the Department of Roads, Transport and Highways, had on September 16, last year amended the Central Motor Vehicles (Fifth Amendment) Rules, 2005. The amendment will come into effect from tomorrow.

According to the notification, the manufacturer at the time of the sale of the two-wheeler ''shall supply a protective headgear conforming to specification prescribed by the Bureau of Indian Standards (BIS) under the BIS Act, 1986 (63 of 1986).'' The Association had challenged the constitutional validity of Clause 41 of the Central Motor Vehicles (Fifth Amendment) Rules, 2005 amending Rule 138 of the Central Motor Vehicles Rules, 1989 on the ground that it violated the helmet manufacturers' fundamental right to undertake the business of manufacturing and selling of protective headgear.

While seeking quashing of the impugned amendment, the association, representing 22 helmet manufacturers across the country, alleged that it restricted their right to choose vocation of their choice and had the effect of ''wiping them out.'' The government, under the guise of securing compliance with Section 129 of the Motor Vehicles Act, which aimed at effective implementation to protect lives of the riders, imposed 100 per cent restriction on the petitioner members to supply helmets, it said.

The amendment would completely choke and finish entire supply chain of helmet manufacturers and monopolise the industry heavily in favour of two-wheeler manufacturers by vesting in them the sole and exclusive right to sell without giving choice to consumers to purchase without any restriction, it stated.

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