Dealers have blamed two-wheeler manufacturers for not providing helmets compulsorily to buyers as per the directions of the Maharashtra High Court.

The Transport Commissioner has now proposed a blanket ban on two-wheeler registrations in the State unless manufacturers ensure the provision of two BIS quality helmets to customers at the time of vehicle sales.

While Bajaj and Yamaha told BusinessLine that they are offering helmets to buyers, most of the other two-wheeler manufacturers did not respond to a query sent by this publication.

The Transport Commissioner of Maharashtra in a letter dated March 5, 2020, addressed to the Society of Indian Automobile Manufacturers (SIAM) that the issue of providing helmets to riders must be complied with. This was subsequent to the order of the Nagpur Bench of the High Court in a public interest litigation (PIL 09/2019).

The court took serious view of the noncompliance to its order of supplying of two helmets to two-wheeler buyers. The letter, seen by BusinessLine , names all leading two-wheeler manufacturers in the country for not toeing the line.

“We are aware of this issue for some time now. It is already in practice in Vidharbha. The helmets are being provided to the customers as mandatory accessories at the dealerships and (this) will continue. These are charged and paid for by the customer,” said Rakesh Sharma, Executive Director, Bajaj Auto.

“As a responsible two wheeler manufacturer, we have always adhered to the government rules and notifications and in this matter as well, we have clearly instructed our dealers to abide by said guidelines,” said Ravinder Singh, Sr. Vice President, Yamaha Motor India Sales, (YMIS).

Suzuki Motorcycle India, Hero MotoCorp, Royal Enfield, TVS Motor Company, Piaggio Vehicles India, Honda Motorcycle and Scooter India, and Triumph Motorcycles did not respond to BusinessLine’s emailed queries on the matter.

The said PIL drew attention to the Rule 138(4)(f) of the Central Motor Vehicles Rules, 1989, which states that at the time of purchase of a two-wheeler, the manufacturer shall supply a protective headgear conforming to specifications prescribed by the Bureau of Indian Standards under the Bureau of Indian Standards Act, 1986. A proof to this effect is also to be included in the documents being submitted for registration in the RTO offices. Section 129 of the Motor Vehicle Act, 1988 makes it mandatory for the use of helmet by the driver and pillion rider of a two-wheeler.

The dealers who have been summoned and made party to the PIL have given an affidavit before the court that eight leading two-wheeler companies are supplying the vehicle without the helmet or headgear and hence, they are not able to provide the same to the buyer. The Court has directed that an intimation of the same be sent to these all eight manufacturers along with SIAM to strictly implement the decision of supply two helmets meeting the BSI standards to the buyer by the manufacturer.

SIAM was not available to comment on the same.

Meanwhile, Sidhartha Bhushan Khurana, Managing Director, STUDDS Accessories Ltd, a leading manufacturer of helmets, said, “We welcome the move by the transport ministry of Maharashtra. The death rate among the pillion riders is as high as the death rate among the riders and by enforcing such law, Maharashtra transport ministry has showcased their proactiveness towards arresting deaths due to road accidents...We believe the steps like this would help in the economic and social well-being of citizens and we appreciate such measures taken by the government.”

More than 3,500 riders and over 1,700 pillion riders without helmets died last year in Maharashtra, the transport commission said in a statement. It is one of the top three states with the highest road deaths in this category, it said. In Mumbai alone, riding without a helmet was a cause of concern in 2016, with 4.24 lakh challans being issued. Similarly, in 2017, 1.45 lakh challans were issued and 1.14 lakh in 2018.

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