Traffic Regulations, Schedule 3 - Australian Road Rules 1999

(1) The rider of a motor bike that is moving, or is stationary but not parked, must:

(a) wear an approved motor bike helmet securely fitted and fastened on the rider's head; and

(b) not ride with a passenger unless the passenger complies with subrule (2).

Offence provision.

Note

Motor bike and park are defined in the dictionary.

(1A) However, the rider of a motor bike that is moving, or is stationary but not parked, is exempt from wearing an approved motor bike helmet if:

(c) in the circumstances, it is safe for the rider not to wear the helmet.

(2) A passenger on a motor bike that is moving, or is stationary but not parked, must wear an approved motor bike helmet securely fitted and fastened on the passenger's head.

Offence provision.

approved motor bike helmet means a helmet:

(iii) the United Nations Economic Commission for Europe standard 22.05; and

(b) that has an identifying mark certifying compliance with a standard mentioned in paragraph (a); and

Examples of a helmet that is in good repair and proper working order and condition

1 A helmet that is scratched or marked but the scratch or mark has not:

(a) penetrated the helmet's outer shell; or

(b) damaged the helmet's retention system; or

(c) damaged the helmet's inner lining.

2 A helmet that is damaged to a degree that might reasonably be expected from the normal use of the helmet.

passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.

Note

The application of this rule is modified by regulation 86B of the Traffic Regulations 1999.