Children's bicycle saddle heights are also penalized. Based on the consideration of children's cycling safety, China implements a compulsory certification system for the admission of children's bicycles on the market. Children's bicycles have strict safety production technical specifications in terms of the accuracy of wheel rotation, the strength of the assembly, and the height of the saddle. . Children's bicycles must meet these safety specifications before they can enter the market.
However, while some children's bicycles are suitable for children, they can also be used by adult women. Do these “less length and long” bicycles also need to meet the safety production standards of baby carriages? The reporter was informed on the 8th that a certain kind of children's bicycle produced by a well-known domestic children's bicycle manufacturer, Beijing Youbei Baiqi Children's Products Co., Ltd., was fined 100,000 yuan for exceeding the high saddle height. It should also be designed in accordance with the range of saddle height prescribed for children's bicycles to support administrative penalties.
Beijing Youbei Baiqi Children's Products Co., Ltd. is a manufacturer of "Youbei" children's bicycles. On March 18, 2014, the staff of the Municipal Quality Supervision Bureau conducted a sampling inspection of the "You Bei" children's bicycles at the Wujiaochang branch of Wal-Mart East China and commissioned the Shanghai Institute of Quality Supervision and Inspection Technology to carry out inspections. After inspection, the maximum height of an 18-inch bicycle saddle exceeds the company's explicit implementation standards and has not been compulsory certified. On January 5, 2015, the Municipal Quality Supervision Bureau imposed administrative penalties in accordance with law, ordered corrections and imposed a fine of 100,000 yuan, and confiscated 113.77 yuan of illegal income.
After paying part of the fines, Youbei filed an administrative lawsuit with the court of first instance, demanding that the decision to be punished be revoked. The court of first instance held that whether the bicycle involved in the case was sold at Wal-Mart East China's Wujiaochang branch in Shanghai, the contents of the product display area, the product packaging, or the sales contract, sales invoice, and sales target, were actually sold as children's bicycles. of. According to the interpretation of relevant provisions in the "Implementation Rules for Compulsory Certification of Toy Products (Children's Bicycle Products)" issued by the State Certification and Accreditation Administration in 2010, the maximum saddle height of children's bicycles should be within the range of 435mm-635mm, but produced by Ube The maximum saddle height of the bicycle in question is 711mm, which does not meet the mandatory standards for children's bicycle safety. The children's bicycle involved in the case was sold without compulsory product certification, in violation of Article 28 of the Regulations of the People's Republic of China on Certification and Accreditation. The Municipal Quality Supervision Bureau made clear the decision to be sued and punished Wal-Mart East China. The procedures are legal and the applicable laws and regulations are correct. Therefore, the court ruled to dismiss the lawsuit of Youbei.
Youbei appealed to Shanghai No. 3 Intermediate People's Court, and the maximum saddle height of the children's bicycle involved in the case has exceeded the maximum saddle height of children's bicycles that require compulsory certification. No mandatory certification is required; The saddle height of the bicycle involved in the case is set at 711mm, which is in line with market demand. The bicycle is not entirely a children's bicycle. It can also be used by adult women, taking into consideration the personal safety of children.
The Third Intermediate People's Court found that the 18-inch “Yubei” children's bicycle involved in the case had the product name labeled “Children ’s Bicycle” and the execution standard was GB-14746-2006, which is a safety requirement for children ’s bicycles. The bicycles involved in the case are placed in the stroller sales area of the Wal-Mart mall for sale. The name of the product manual is Ube stroller, and the applicable age is 5-8 years. And its production packaging and sales indicate that it is a bicycle provided for children, and claims to implement GB-14746-2006 standards, so the children's bicycle involved in the case should fall into the scope of compulsory product certification. The appellant Youbei Company, on the grounds that the maximum saddle height of the bicycle involved exceeds the standard upper limit, believes that the bicycle involved can be excluded from the scope of compulsory certification, does not meet the relevant requirements of compulsory product certification, and violates children's bicycles. The original intention of the legislation requiring compulsory certification of products was not adopted by the court. Therefore, the appeal was rejected and the original judgment was upheld.
Children are the future flowers of the motherland and deserve the protection and care of society and the law. Children's bicycles are designed or intended for children to ride and play. The implementation of compulsory product certification for such products is to protect the health and safety of this special group of children. Manufacturers of children's bicycles should strictly implement the relevant production standards, while meeting the needs and interests of children at different developmental stages, pay more attention to the safety of the products, and eliminate potential safety hazards that may occur due to substandard bicycles.