Wearing motor bike helmets
270 Wearing motor bike helmets
The rider of a motor bike, or quad bike, that is moving, or is stationary but not parked, must – wear an approved motor bike helmet securely fitted and fastened on the rider’s head; and not ride with a passenger unless the passenger complies with subrule (2). Fine not exceeding 5 penalty units.Motor bike, park and quad bike are defined in the dictionary. This rule has been amended to include quad bikes and is no longer uniform with the model road rules of Australia.
However, the rider of a motor bike, or quad bike, that is moving, or is stationary but not parked, is exempt from wearing an approved motor bike helmet if – the bike's engine is not on; and the rider is pushing the bike; and in the circumstances, it is safe for the rider not to wear the helmet.
A passenger on a motor bike, or quad 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. Fine not exceeding 5 penalty units.
In this rule – approved motor bike helmet means a helmet – made in compliance with – AS 1698; or AS/NZS 1698; or the United Nations Economic Commission for Europe standard 22.05; or the United Nations Economic Commission for Europe standard 22.06; and that bears a label, or similar mark, indicating the helmet was made in compliance with a standard mentioned in paragraph (a); and that is in good repair and proper working order and condition.
| Examples of a helmet that is in good repair or 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. |
| 3 | A helmet that has a device affixed to it that – |
| (a) the helmet’s manufacturer has recommended may be affixed to the helmet; and | |
| (b) is securely affixed to the helmet in the way intended by the helmet’s manufacturer. |
passenger, of a motor bike or quad bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.
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