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Helmet minus ISI mark? Be prepared to pay a fine

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  • Helmet minus ISI mark? Be prepared to pay a fine

    Helmet minus ISI mark? Be prepared to pay a fine, News - City - Mumbai Mirror

    ---

    Section 129 is silent on what happens to people who own imported helmets with DOT/Snell certifications (Check here for reference: Section 129- Motor Vehicles Act 1988 ).

    Technically, even if you're wearing a Rs. 10,000 SHOEI helmet, the cops can still stop you and fine you since it does not have an ISI mark.
    It's only a matter of time before police realise that people with such helmets are financially capable of paying them the bribes needed to get out of this little loophole.

    However, the same section also allows State Governments to make exceptions to this rule. Perhaps we should write to the authorities and ask about this? What do you guys think?

  • #2
    News approved
    Happiness is finding you have another Gear left....

    Join xBhp On

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    • #3
      They need to first start fining people in Pune for not wearing helmets, checking about the helmets safety standard is a later thing.
      Life should not be a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, in a cloud of smoke, thoroughly used up, totally worn out, and loudly proclaiming, 'Wow! What a Ride!' -Hunter S. Thompson

      Comment


      • #4
        Originally posted by Samarth_M View Post
        Helmet minus ISI mark? Be prepared to pay a fine, News - City - Mumbai Mirror

        ---

        Section 129 is silent on what happens to people who own imported helmets with DOT/Snell certifications (Check here for reference: Section 129- Motor Vehicles Act 1988 ).

        Technically, even if you're wearing a Rs. 10,000 SHOEI helmet, the cops can still stop you and fine you since it does not have an ISI mark.
        It's only a matter of time before police realise that people with such helmets are financially capable of paying them the bribes needed to get out of this little loophole.

        However, the same section also allows State Governments to make exceptions to this rule. Perhaps we should write to the authorities and ask about this? What do you guys think?
        I absolutely agree to the point mentioned above. As I have 2 helmet with me & neither are ISI certified. One is ECE & other is DOT certified helmet.
        Perhaps the best option is to write to the authorities about the know hows & betterness of ECE & DOT/SNELL standards of safety in terms of riding gears
        Member & Administrator of Goan Biking Group named GEARS - Goan Enthusiasts And RiderS
        Became a biker by xBhp, for xBhp & will always be an xBhpian

        GEARS Goa: http://www.facebook.com/GEARS.Goa

        2007-2017 Bajaj Pulsar 180 UG3, 2014 KTM Duke 390, 2017 Suzuki Gixxer

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        • #5
          hmmm, dont know how to tackle such situation. dont know why this authority people implement such rules even the cant differentiate between ISI/DOT/ECE mark. they need to catch those people who make duplicate or fraud helmets. its a one big business case.
          you can save fine by those roadside helmets but not your Head. we, people of India should be aware of this Helmets then only such non-sense rules can be avoided. and anyone can get isi sticker from roadside helmet seller for just 20 Rs, but then is it the solution for problem? we at xbhp always promote safety and awareness about it, we should not support this movement, we must tell Police about it. motto of ISI marked helmet is good but then bribing under its enforcement doesn't do justice to people.
          satya
          got bhp?? oh yeah..its Xbhp

          Comment


          • #6
            Originally posted by akshayhonda View Post
            I absolutely agree to the point mentioned above. As I have 2 helmet with me & neither are ISI certified. One is ECE & other is DOT certified helmet.
            Perhaps the best option is to write to the authorities about the know hows & betterness of ECE & DOT/SNELL standards of safety in terms of riding gears
            same here - I am using my DOT helmet for long ride

            Comment


            • #7
              Originally posted by Samarth_M View Post
              Technically, even if you're wearing a Rs. 10,000 SHOEI helmet, the cops can still stop you and fine you since it does not have an ISI mark.[/B]...Perhaps we should write to the authorities and ask about this? What do you guys think?
              This is a moronic frog in the well attitude from the Govt!!! If I buy a SNELL approved one, I wouldn't hesitate to make a ISI sticker similar to the one on my Studds & Vega in addition to SNELL !!!

              Imagine a BELL, Shoei or RJAY's helmet with ISI mark on it; if you happen to see one such (call it moron) do not hesitate for a friendly wave lol
              Skill is what keeps you on a Motorcycle
              Awareness + Skill is what keeps you out of harm's way
              ATGATT + Awareness + Skill means you might Live To Ride another day

              Comment


              • #8
                It is just a matter of time. I have Rjays & LS2. I'm not going to pay the fine, whatever happens. Unless someone take stand against it for good reason, the authorities will not be educated. Communities like Xbhp should take the initiative & educate both the riders & the lawmen.
                Tomorrow is the helmet awareness rally in Mumbai & many of the riders will be riding with non ISI but helmets with higher safety standards & it will be a good opportunity to educate the cops with these standards since many senior officials may be present. Share a whitepaper or document to all explaining the different standards.
                EDIT: LS2s now have ISI mark..
                Last edited by abhijitkn; 12-03-2011, 09:19 PM.
                Regards,
                Abhijit

                2018 Suzuki VStrom 650 Review | Champion of Middleweight Adventure Touring!
                2018 Harley-Davidson Softail Deluxe | Classy, Chrome Laden Ride!
                2018 Harley Davidson Fatbob Review: Deimos is back!
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                • #9
                  They keep finding new ways to earn money...
                  2000 - Hero Honda Splendor
                  2010 - Pulsar 220
                  2012 - Ninja 250R or CBR 250R
                  (coming Up)

                  Comment


                  • #10
                    I just have one question. Why on earth do these expensive helmets do not have ISI certification. If it is selling in India there should be a proper certification procedure. I am going to say that these helmets companies are no better than 100rs helmet if they cannot even get a standard ISI certification (I know they are better but they themselves do not care about Indian law). Secondly, in my opinion and as my experience of seeing accidents happening to my friends and accidents seen on highway....I would say all kind of helmets save your life actually.....What matters more is the small strap on your neck fastened tight enough so that your helmet does not come off. As I have seen 75% of helmet wearers do it to avoid traffic policemen and never fasten it. But still ISI standards are good and one should buy ISI standard helmets. And for these Videsi companies....SHAME on you....You cant even apply for ISI standards.....What are you afraid of.....Do you think Indians test their helmets by sledgehammering them like in that DOORDARSHAN video....I know about Impact testing and I guess its the same....may be they are intimidated....Just joking guys...I found a good article sorta thing for introspection....Posting it in 15.

                    Comment


                    • #11
                      Why Wear A Safety Helmet?

                      A safety helmet is one of the most important items of personal protective equipment used by motorcycle riders primarily to protect the head against impact. In year 2003 there were 72 deaths of two-wheeler drivers/pillion riders due to road accidents in U.T. Chandigarh. The number of those injured would be at least ten times this figure. If these individuals had been wearing helmets, many of these deaths and disabling injuries would not have happened. Helmets won't prevent accidents, but they clearly will cut down on deaths and injuries when collisions occur.


                      Components of the Helmet and Their Roles

                      Typically, a helmet has the following components:



                      The Shell: the shell of a helmet is an injection molded thermoplastic or a pressure molded thermo set that is reinforced with glass fibers or made of fiber glass.

                      It absorbs energy in an impact: the shell bends when the helmet is impacted and the underlying foam deforms. At moderate speeds the shell can take one-third of the impact energy.
                      It distributes local forces from an impact: rigid objects like stone or a projecting beam can cause a skull fracture at low forces, the shell acts to distribute the force of such impact eliminating the risk of penetration.
                      It allows sliding on road surfaces: the shell being rigid and having a convex shape allows the helmet to slide along a road surface without there being an excessive force.
                      It protects the face and temples: full-face helmet is beneficial in protecting the face and jaw. The chin bar of such helmets contain rigid foam to absorb energy for direct blows on the chin, prevent facial bone fractures and prevent the lower part of the forehead and temple being struck.


                      The Protective Padding: this is a molding of polystyrene beads or polyurethane foam. It provides a stopping distance for the head. The foam can compress by 90% during an impact, although it recovers partially afterwards. But this helps increase the stopping distance thus reducing the peak deceleration of the head. It also protects as much as possible of the head. In addition to this there is a layer of comfort padding to provide comfort to the wearer.


                      Proper Strapping System: It is essential to wear a well-fitting helmet for the effective working of chinstrap system. To test if the helmet fits your head properly, tightly fasten the chinstrap and then pull helmet off forward by gripping the rear and then pulling. The strap must be threaded correctly so that the buckle locks the strap when it is pulled from the chin side. The strap must be pulled as tight as is bearable under the chin.



                      What Does the Law Say?

                      Section 129 Motor Vehicles Act '88


                      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 motorcycle, 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.

                      I would like to say...I always opposed sikh people not wearing helmets....How is turban going to save live.....Point to be noted....Bachelor young sikh dont even wear a turben....They strap a JUDA i guess....As I have read in an article that UK designed a 1.6million helmet for its sikh traffic police(One only)....India should do the same.
                      Explanation: 'protective headgear' means a helmet which-

                      By virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motorcycle a degree of protection from injury in the event of an accident; and
                      Is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.

                      if it says it should be fastened....why no challans then on fastening it then...sad people and sad Indian traffic police
                      Rule 193 Chandigarh Motor Vehicle Rules'90
                      Use Of Protective Headgear: Every person driving or riding a motor cycle of any class or description shall wear a protective headgear approved by the bureau of Indian standards from time to time provided that in addition to the persons exempted under the provisions of section 129 (MVA'88), persons who are medically advised by P.M.O. not to wear such a headgear in case exempted by the District Magistrate or a woman shall not be required to wear a headgear.

                      WTF is this....If the person is medically unfit to wear unfit then he/she should not be allowed to ride any two wheelers.....Woman not required to wear helmets...This is preposterous....My friend's mom died because she was not wearing a helmet

                      Explanatory Notes:

                      The BIS & the ISI mark: The provisions of section 129 MVA'88 and rule 193 Chandigarh Motor Vehicle Rules '90 require the protective headgear to conform to the standards of Bureau of Indian Standards. The law thus requires that all protective helmets for motorcycle riders should meet or exceed the minimum performance requirements specified in the corresponding Indian Standard (IS: 4151 in case of protective helmets). These requirements include minimum impact and penetration capabilities; chin strap retention qualities, and a prescribed minimum field of view. To certify that their helmets meet all the requirements of IS: 4151, the manufacturers place the standard mark on the back of each helmet. This mark is often referred to as the "ISI mark". The standard mark comprises the single coloured symbol of the type shown below having a width-to-height ratio of 4:3.

                      I aleady knew that in CHANDIGARH they checked for ISI mark....cmon traffic police enforce it everywhere in india.

                      The number of the corresponding Indian Standard with part/section, if any, which is unique for each product, is written on top. This number in case of protective helmets for motorcycle riders is IS: 4151. The standard mark for all protective helmets would thus appear as follows-



                      The licence number (a seven digit number, represented as cm/l-_________) is also given with the standard mark. This helps in identifying the particular manufacturer/licensee, which has manufactured the product. E.g., Studds Accessories Ltd. one of the licensees for manufacturing protective helmets has been allotted the licence no. Cm/l-9169691. This number is displayed along with the standard mark on all helmets manufactured by it. Thus a Studds helmet would bear the mark-

                      Woooow.....what is this....I have to check that I have this thingy or not.....Yo....I have it.

                      The Bureau of Indian Standards has hosted the complete BIS directory of licensees on its website BIS Home Page from which any consumer can directly download the list of licensees for the manufacture of protective helmets for motorcycle riders.


                      Chin Strap: The clause (b) of the explanation to section 129 MVA'88 stipulates that the protective headgear should be securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear. The wearer of an improperly fastened helmet can be punished for driving/pillion-riding without helmet. This provision of law can be used by enforcement agencies to check the practice of drivers of two-wheelers (especially teenaged ones) to leave their helmets unstrapped or loosely strapped.

                      Enforce enforce enforce


                      Turban: The proviso to section 129 MVA'88 stipulates that the requirement for wearing protective headgear protective headgear shall not apply to a person who is a sikh, if he is, while driving or riding on the motorcycle, in a public place, wearing a turban. Thus sikh drivers/riders (male) are exempted from wearing safety helmets only when wearing a proper turban and not when wearing parna, patka etc.

                      Sikh bachelors.....I m on you....
                      Women drivers/pillion riders: Total exemption is given by rule 193 Chandigarh Motor Vehicle Rules '90 to all women from the requirement of wearing protective headgear while driving/riding two-wheelers.

                      India...jeetega....India...jeetega....sarcasm

                      Judicial Pronouncements On The Issue Of Exemptions
                      The Hon'ble Punjab & Haryana High Court had restricted the exemption only to 'sikhs wearing turban while driving' in its order dated 9-7-98 in CWP No. 7639 of 1995 titled Namit Kumar Versus UT Chandigarh & others. The Hon'ble Supreme Court of India in its recent order dated 27-9-2004 in civil appeal no. 3700 of 1999 (arising out of CWP 7639 of 1995) has, however, directed that 'if any exemption is granted to any person including sikh women from any of the motor vehicles rules relating to different states or areas under any statutory rule the same shall operate notwithstanding the directions of the high court that all persons including women shall wear helmets.'

                      Man state laws and central laws.
                      Pillion rider: section 129 MVA'88/ rule 193 Chandigarh Motor Vehicle Rules '90 stipulate that the driver as well as the pillion rider shall wear protective helmets while driving/riding a motorcycle.


                      Motor cycle: sub-section 2 of section 27, MVA'88a defines 'motor-cycle' as a two-wheeled motor vehicle, inclusive of any detachable sidecar having an extra wheel, attached to the motor vehicle.



                      Penal Provisions:
                      The violation of any of the provisions of section 129 MVA'88/ Rule 193 Chandigarh Motor Vehicle Rules '90 would constitute an offence punishable under s.177 MVA'88.

                      Section 177, Motor Vehicles Act '88
                      General Provision For Punishment Of Offences - whoever contravenes any provision of this act (i.e. MVA'88) or of any rule, regulation or notification made there under shall, if no penalty is provided for the offence be punishable for the first offence, with fine which may extend to one hundred rupees and any second or subsequent offence with fine which may extend to three hundred rupees.

                      Sorry if i have hurt any1s emotions or religious sentiments..Pardon me.

                      Comment


                      • #12
                        Originally posted by Angelic_Rider View Post
                        I just have one question. Why on earth do these expensive helmets do not have ISI certification. If it is selling in India there should be a proper certification procedure. I am going to say that these helmets companies are no better than 100rs helmet if they cannot even get a standard ISI certification (I know they are better but they themselves do not care about Indian law). Secondly, in my opinion and as my experience of seeing accidents happening to my friends and accidents seen on highway....I would say all kind of helmets save your life actually.....What matters more is the small strap on your neck fastened tight enough so that your helmet does not come off. As I have seen 75% of helmet wearers do it to avoid traffic policemen and never fasten it. But still ISI standards are good and one should buy ISI standard helmets. And for these Videsi companies....SHAME on you....You cant even apply for ISI standards.....What are you afraid of.....Do you think Indians test their helmets by sledgehammering them like in that DOORDARSHAN video....I know about Impact testing and I guess its the same....may be they are intimidated....Just joking guys...I found a good article sorta thing for introspection....Posting it in 15.
                        If you read S.129(b), it specifically mentions that helmets should be properly fastened. Unfortunately, this is another thing police ignore.

                        "(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear."

                        Comment


                        • #13
                          ...and again govt throws a law to us without even thinking what would happen to DOT and ECE certified helmets. Its good that govt has taken this step, but not good enough for bikers who prefer safety rather top notch safety.
                          Fare thee well xBhp, All the best for being the biggest name in corporate world

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                          • #14
                            ^^^ Read the news in the morning and was wondering when it would show up over here. There is slight misunderstanding in the way Section 129 Motor Vehicles Act '88 is being read (my personal view).

                            Section 129 says quote "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 1[protective headgear conforming to the standards of Bureau of Indian Standards]:"

                            (Meaning of 'conform' as per Black's Law Dictionary: Abide, Perform, Execute)

                            Which means (again my view) that every helmet must at least conform (abide, perform) to the standards laid out by Bureau of Indian Standards. However, it certainly does not say that every helmet must have the ISI mark. Meaning, my helmet must (at the very least) conform (abide, perform) to the standards laid down by the Bureau of Indian Standards (which my ACU certified helmet will exceed).

                            However, who is going to explain and argue with traffic constable
                            Last edited by abhimanyu31; 12-03-2011, 09:14 PM.
                            Only a biker knows why a dog sticks his head out of a car window.

                            Multum in Parvo - Much in Little

                            "Yes, it is FAST! No, you CAN'T ride it!" - http://www.xbhp.com/talkies/general-...a-300-san.html

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                            • #15
                              it would be nice to bring this up in tomorrows helmet awareness drive . most people ethere too wouldnt have the isi mark im sure and the sicrepancies can be explained .

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