Delhi High Court has sought the response of the Centre and Delhi government on a PIL that two-wheeler manufacturers were not adhering to a rule that makes it mandatory for them to sell ISI-marked helmets along with their vehicles, Harish V Nair reports.delhi Updated: Apr 08, 2009 00:37 IST
Delhi High Court has sought the response of the Centre and Delhi government on a PIL that two-wheeler manufacturers were not adhering to a rule that makes it mandatory for them to sell ISI-marked helmets along with their vehicles.
Petitioner Society For Awareness and Development contended that under Section 129 of the Motor Vehicles Act, 1988 every person driving or riding on a motorcycle shall wear protective headgear confirming to the standards of the Bureau of Indian Standards. The NGO, referred to a 2005 notification whereby the Central Motor Vehicles Rule was amended asking two-wheeler manufacturers to sell ISI-marked protective headgear with the vehicle.
“At the time of purchase of the two-wheeler, the manufacturer of the two-wheeler shall supply a protective headgear confirming to Bureau of Indian Standards”, the notification had said. “It is a case of total non-compliance. None of the two-wheeler manufactures like Hero Honda, TVS, Yamaha, Bajaj provide ISI-marked helmets to the purchasers of two-wheelers. In fact some of them make their customers sign a form which states that they are already in possession of a helmet and do not require it,” the NGO’s counsel told a Bench of Chief Justice AP Shah and Justice Sanjiv Khanna.
The Centre, and Rajiv Nanda, counsel for Delhi government and Delhi Police, have been asked to file replies by April 22. The court also allowed the NGO to make two-wheeler manufacturers a party in the case.
A separate PIL filed by All India Helmet Manufacturers, challenging the 2005 notification, is already pending in the court. They contend that if the rule comes into force, about 5,000 helmet manufacturers in the Capital would have to wind up business.