Fear of being unfairly fined for wearing a "fake" helmet

(Baonghean) -From March 15 to April 15, the National Traffic Safety Committee will conduct public awareness campaigns on helmet quality and usage. After April 15, the interdisciplinary force will launch a campaign to punish those who wear fake and poor quality helmets. The information was given by Mr. Truong Quang Hoai Nam, Director of the Market Management Department, Ministry of Industry and Trade, at the online meeting of March work organized by the Ministry of Industry and Trade on March 4, which is receiving a lot of public attention.

Walking along many streets in Vinh City, it is not difficult to come across shops selling stylized helmets with the same "3 no" standard: no conformity mark (CR stamp), no impact-dissipating foam layer, no manufacturer's address, being sold openly. These types of helmets are registered by manufacturers as fashion helmets for pedestrians, cyclists and sportsmen to circumvent the law... Some are covered with a thin layer of aluminum, some are cut out at the back to prevent women's hair from falling flat... Each helmet weighs about a few ounces; the average selling price is from 25,000 - 50,000 VND/helmet. With the naked eye, it is possible to see that these types of helmets do not ensure safety for users, however, this is still the choice of many consumers because of its cheap price and the mentality of... coping. In addition, some types of helmets have CR conformity stamps but do not state the place of manufacture, material, size... then it can be confirmed that they are fake helmets, counterfeit goods that do not meet standards.

Fake, substandard helmets are widely sold in Vinh City market.

Stopping by to buy a helmet on the sidewalk of Le Duan Street (Vinh City), the owner of the shop told us: "Young people now really like this type of helmet because it is stylish, has a variety of colors to match with clothes, and importantly, it is light and cheap. Every day I also sell about 20 fashionable helmets. Since selling this type of product, I have not seen any unit come to check the quality of the product, I am only afraid that the ward's order management team will confiscate the goods because they are displayed on the sidewalk, destroying the urban landscape"... When asked if he knew that there would be a regulation banning low-quality helmets from circulating on the road in the near future, he said: "I have heard the information but there are still many unsold products, now there are customers who offer lower prices than the listed price, so I also sell them to clear the inventory".

Not only on Le Duan Street, many sidewalks of streets such as Le Hong Phong, Nguyen Sy Sach... are places where many types of helmets are freely sold, rarely inspected by authorities. From many traffic accidents that have occurred, it shows that victims suffer from traumatic brain injuries or death due to wearing unsafe helmets. There are cases where even a slight collision can cause the helmet to shatter and become embedded in the body, which is very dangerous. Since Resolution 32 of the Prime Minister regulating the wearing of helmets when participating in traffic was implemented, people have been more aware of wearing helmets to minimize risks. Regulations on the import, production and circulation of helmets are also complete, but the punishment of violators is still taken lightly, so fake helmets and poor quality goods have existed throughout the past time.

In order to prevent people from wearing poor quality helmets, imitation helmets with the aim of dealing with the authorities as well as the market domination by fake helmet manufacturers, fashion helmets imitating the helmet style, on February 28, 2013, the Ministry of Industry and Trade, the Ministry of Science and Technology, the Ministry of Transport and the Ministry of Public Security jointly signed a Joint Circular on "Regulations on production, import, trading and use of helmets for people riding motorbikes, mopeds and bicycles". This Circular creates a legal corridor for the authorities to have enough basis and sanctions to handle violations in the production, trading and use of helmets. It is noteworthy that it will not only assign responsibility to the production and trading establishments but also to the users. And this penalty can be applied from April 15, 2013, people using substandard helmets to "cope" will be administratively punished for the same violation as not using helmets...

Information about the regulation on penalizing fake helmet manufacturers and users is attracting special attention from the public. Most people support the "suppression" of fake helmets by imposing heavy fines on manufacturers so that there is no more supply, but penalizing consumers makes many people worried. Mr. Nguyen Duc Toan (in hamlet 16 - Hung Loc commune) expressed: "We want to own helmets that ensure quality, according to the standards of the authorities. However, fake helmets are made more and more sophisticatedly, deceiving consumers, so many people have lost money and still have to use poor quality products. Suppose that on April 15, when the authorities simultaneously launch a campaign to penalize traffic participants for wearing helmets that do not meet technical standards, but these types of helmets are still openly sold on the market, who should be punished? The helmet wearer, the helmet seller or the manufacturer of fake helmets should be punished?". Mr. Hoang Le Minh, a sales employee of Cua Lo Telecommunications, said: "Not only the sidewalk sales points, but also the big stores have MBH. If you only base on the sticker on the helmet, it is easy to buy the wrong one, because the "fake" goods also have the CR sticker. I think there should be a common type of helmet with specific regulations so that people can equip themselves properly and when going out, they will not worry about being unfairly fined."

From a legal perspective, Lawyer Nguyen Hong Quang (Nghe An Bar Association) stated his opinion: If we punish people who wear fake helmets, in my opinion, there are many things that are not right. Because consumers themselves are just victims of fake goods, just like when they buy fake gas, medicine or milk... Obviously, the "fault" of fake helmets lies first with the manufacturers and traders, then with the management agencies! Although in reality, many young men and women prefer to choose "fake" but fashionable helmets rather than wearing genuine helmets with simple designs, many people still buy them because they are cheap.

To prevent the current widespread situation of poor quality helmets, it is necessary to focus on strong handling at the production and business stages, that is the only way to thoroughly handle the problem from the root. And it cannot be said that the penalty is immediate, but there must be a certain roadmap; first of all, there must be a communication campaign, recall of fake helmets, exchange of fake helmets for real helmets with additional fees; clearly define the responsibilities of the Transport sector, Industry and Trade, Police and traffic participants to have a specific basis for punishment."

According to Mr. Nguyen Minh Tho - Deputy Head of Nghe An Market Management Department, the task of Market Management is to punish counterfeit goods, fake goods... and there must be a specific location to punish. As for the current situation of widespread sale of fake MBH without an address, there needs to be a coordinated participation of the ward, commune, and urban order authorities... After this force catches a sale, the market management can come and make a record of the sale of counterfeit goods, goods that do not meet the prescribed quality standards.

To clarify the draft inter-ministerial circular regulating helmets, talking to us, Mr. Nguyen Viet Hung, Head of the Department of Standards, Metrology and Quality - Vice President of the Nghe An Association for Standards and Consumer Protection, said: "The main subjects for punishment are manufacturers and traders, and punishing consumers is only a small aspect of this Circular. The Circular includes consumers in the subject of punishment to raise their awareness of using quality products, especially helmets, to protect their safety when participating in traffic". The worrying thing is that currently, a part of consumers when buying helmets are gradually forgetting the criteria to ensure quality standards according to QCVN 02: 2008/BKHCN. If in the past, helmet quality was the top priority for many consumers when buying, now the types of stamps attached to helmets such as CR are also less noticed. They buy and wear helmets just to protect themselves from the rain and sun, to avoid being ticketed by the traffic police, but they don't really put product quality first.

To distinguish between real and fake helmets, consumers can base on the CR stamp and the certificate of conformity of each type of helmet. The certificate of conformity will be provided by the manufacturer to authorized dealers, so when buying, consumers can ask the seller to show the certificate to compare the design and sample. If a business prints a CR stamp but is not certified for quality, it is an act of counterfeiting the certificate. A qualified helmet must have all 3 parts: the helmet shell; the shock-absorbing pad inside the helmet shell (protective pad) and the strap. In addition, qualified helmets for domestically produced goods must be labeled in Vietnamese, the product name must include the phrase "Helmets for motorcyclists"; name and address of the manufacturing facility or name and address of the organization or individual importing and distributing; origin of goods (for imported goods), helmet size, month and year of manufacture...

With this new regulation, will poor quality helmets have no more room to survive? Will traffic participants create a movement to boycott fake helmets like the mass movement to wear helmets in 2008? In order for the regulation to come into effect soon, we should first apply a pilot penalty for people wearing substandard helmets in some major provinces and cities before expanding. The most important issue is still people's awareness when driving motorbikes and scooters on the road. When consumers say no to poor quality helmets and boycott fake helmets from the root, then safety for users can be ensured.

According to the National Traffic Safety Committee, after 5 years of implementing the Prime Minister's decision on wearing helmets when driving motorbikes and scooters, the number of people complying has reached 90%. However, only 30% of people wear quality helmets, while 70% are fake or poor quality helmets...

Article and photos: Ngoc Anh