Marks, Labels Helmets Part 3

More “worked examples” of labels on helmets – with supporting documents

For each of these helmets, in which States or Territories do the road rules allow you use each helmet whilst on their roads?

There are four (4) different time periods in which we have had different processes for certification.

i.e.

To 1990, up to issue of Consumer Protection Notice No.9 on 10 December 1990 http://www.comlaw.gov.au/Details/F2008C00606

1990 - 2003, up to sale of QAS into SAI Global in December 2003

2003 -2006, in a competitive environment, with multiple private Conformance Assessment Bodies. In 2006 the voluntary Standard AS/NZS 1698:2006 was published by Standards Australia

2006 -

(A) to 1990

We will ignore the period prior to 1990. There was only one mark (CTM 238042) and two Commonwealth Inquiries found problems.

(B) 1990 - 2003

This is additional to the Vemar shown in MLH Part 2.

(1) Arai Quantum II

Here’s an Arai purchased in Sydney in 2001 – from the same shop that sold the Vemar !

We may observe the following

The “sticker” displays the words “Label evidences certification”, however it does not say “Certified to AS 1698”, the vagueness over what is certified, as with the Vemar sticker, remains.

The internal label, required at Section 8 of voluntary standard AS 1698-1988 shows a number of defects

The helmet exterior is labelled with the model name “Quantum II”, yet the internal “Section 8” label says its model name is “Arai Astro/8”

The Section 8 label fails to include manufacturing date or manufacturers name – we have to assume this helmet was made by Arai. It’s a given that Arai are well known for quality, but not so the Certification quality.

The helmet is not in compliance with AS 1698-1988 due to defects at Section 8 of this voluntary standard

The helmet is not in compliance with the Commonwealth mandatory Standard

It has similar problems as the Vemar, but additionally, the Sec 8 label is present, but non-compliant.

Ideally, helmets would have been marked “complies with Australian mandatory standard CPN No.9”.

However, that is a national regulation and we must look (in a separate briefing) at the distinction between a Standard and a national regulation and how these interact with Trade Treaties, the MOU between Standards Australia and the Commonwealth – AND road rules.

(2) Shoei RF 900

Purchased in Sydney, in 2001

We may observe the following:

External “sticker” is worn with age, the “five ticks” mark has worn away completely and words “Void” now appear

“sticker” is the same as on the above Arai

Internal label a bit manky with sweat & grime, some printing now obscured (manufacturing date, model, perhaps), but appears to comply with AS 1698-1988

Of interest is the internal Section 8 label Trademark with the words “Australian Standard” below the “five ticks” CTM

The words “Australian Standard” are subject of Trademark 353777, still owned by Standards Australia and NOT purchased by SAI Global

For those with an interest in correct use of Trademarks, I refer you to the Rules Governing Use of CTM 591344 and the changes made to this combination at the time of Assignment from Standards Australia to SAI Global Ltd.

(available from the website of IP Australia http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/types-of-trade-marks/certification-trade-mark/ )

(A) 2003 - 2006 - After privatisation of certification services and sale of QAS into SAI Global Ltd, Period 1

(3) Suomy SPEC 1R, Troy Bayliss replica

Purchased in Sydney in 2005.

In this time period, certification was completely privatised, with QAS sold to private buyers as SAI Global Ltd in December 2003.

All “five ticks” marks of Standards Australia that were not transferred to SAI Global Ltd, were allowed to lapse.

i.e. after 2003, there is no association of the “five ticks” with Standards Australia. (except in some minds)

The photos are ordinary, the labels are faded, but examine the external “sticker” carefully.

The red area on the left hand side with the “five ticks”, now includes the words “Certified Product”

The “Section 8” internal label is too worn to draw any conclusion but it appears to comply with Section 8 of AS 1698-1988

At issue, is the external “sticker”

On 11 August 2004, some 8 months after privatisation, SAI Global Ltd, applied for new variants of the “five ticks” Trademarks.

It appears these were to enable SAI Global to distinguish between management systems certification and product certification.

An ordinary Trademark with specific Goods and Services, TM 1015512

Trademark 1015512

Plus, a Certification Trade Mark, CTM 1015544

Certification Trade Mark 1015544

Observing the external sticker on the Suomy SPEC 1R, we may note the association of these “Certified Product” marks with the words “Made under a quality scheme certified by Standards Australia”

In an effort to be charitable, we may find it acceptable to excuse the use of “leftover labels” in the process of change of ownership of QAS from Standards Australia into the new private company SAI Global Ltd.

A Certificate of Conformity may have a life of five years.

The “Certified Product” marks did not come into existence until after the sale from Standards Australia. There never was and is no continuing “historical” association of Standards Australia with these marks.

The “sticker” on the Suomy SPEC 1R has a false statement, leading the buyer to believe that Standards Australia certified this helmet.

The name of the Conformance Assessment Body that Certified this helmet does not appear all.

The buyer is not going to know the Registered Owner of the “five ticks” mark, except by past reputation of Standards Australia and relies upon the statement “Label evidences certification” and “....certified by Standards Australia”

(4) HJC – unidentified model,

This HJC helmet was purchased in Sydney in 2005.

Observations:

Adjacent Section 8 label is a sticker with the “five ticks Certified Product” mark, words “Australian Standard”, and “AS 1698 Lic No 1110”

Statement “Lic 1110” may be linked to SAI Global Certificate of Conformity SMH1110 – copy attached

We cannot identify which helmet model this is, but are assured buy an inner sticker it’s one of those listed on the SAI Global Certificate that are Certified to AS/NZS 1698:2006

External sticker uses SAI Global “Certified Product” version of the “five ticks”, “AS 1698” and the statement “Made under a quality scheme certified by Standards Australia”

Helmet also carries label claiming compliance to USA national standard and Snell private standard

Helmet not in compliance with mandatory Standard, nor compliant with AS 1698-1988 or AS/NZS 1698:2006 due to label defects alone

The ability to connect the SAI Global License to this helmet gives us assurance that this helmet was Certified to AS 1698 by SAI Global Ltd, but the name of SAI Global does not appear on the helmet at all. Hence, to locate the Certificate, one must first perform a Trademark search to identify the Trademark used, then establish the owner of that Trademark before seeking further information from that company. Yet, the helmet directs us to Standards Australia.

Internal label non compliant, external sticker displays what appears to be a false statement, but is misleading, claiming an endorsement from Standards Australia.

To the ordinary consumer, it appears that it is “business as usual” for Standards Australia in helmet certification, with simple re-branding of Standards Australia, from the old “kite” mark to the “five ticks” mark.

New Conformance Assessment Bodies entered the privatised certification services market for motorcycle helmets and other products after December 2003.

In 2006, Standards Australia published a revised version of the voluntary helmet standard as AS/NZS 1698:2006. The changes were mostly minor, but one is significant, changing a fundamental test method and specifying a different shape headform, moving away from that specified in the US standard from which AS 1698 was copied.

This had the effect of making the Australian Standard unique, requiring that test laboratories wishing to provide testing to this new standard, to purchase new equipment to test to this unique Standard.

In the world marketplace, the Australian market is very low volume and few laboratories have bothered, limiting choices.

The new voluntary standard has never been independently evaluated.

However, the Commonwealth has not taken up this unique new voluntary standard and at June 2012, Consumer Protection Notice No.9 remains as it was in December 1990, requiring AS 1698-1988, with Variations.

CPN No.9 http://www.comlaw.gov.au/Details/F2005B01097

In Part 4 we look at labels in the current market place as new Conformance Assessment Bodies have entered the competitive market for certification services.

The problem is with consumer protection regulation, not a problem that can be solved by road rules.

Guy Stanford AMC

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6 attachments — Download all attachments

1015544_SAIG.pdf 70K View Download

1015512 SAIG_Certified Product.pdf

60K View Download

1015544 History.pdf 19K View Download

1015512 History.pdf

19K View Download

353777.pdf 30K View Download

QAS01.Q881957.SMK1110.4.pdf

256K View Download