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ROAD SAFETY ROAD RULES 2017 - REG 270 Wearing motor bike helmets

ROAD SAFETY ROAD RULES 2017 - REG 270

Wearing motor bike helmets

    (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).

Penalty:     10 penalty units.

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—

        (a)     the motor bike's engine is not on; and

        (b)     the rider is pushing the motor bike; and

        (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.

Penalty:     10 penalty units.

    (3)     In this rule—

Rule 270(3) def. of approved motor bike helmet substituted by S.R. No. 87/2018 rule 11.

"approved motor bike helmet" means a helmet—

        (a)     made in compliance with

              (i)     AS 1698; or

              (ii)     AS/NZS 1698; or

              (iii)     UN 22; and

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

        (c)     that is in good repair and proper working order and condition;

Examples

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.