108. INSPECTION OF HELMET

(1) For the purposes of regulation 107(1)(b)(iii), a member of the Police Force may request a person referred in that regulation to remove a helmet worn by the person and permit it to be inspected, and the person shall comply with such a request.

(2) For the purposes of regulation 107(1)(b)(iii), the protection from injury afforded by a helmet is sub-stantially impaired where a visual inspection of the helmet shows --

(a)
the shell of the helmet is damaged, cracked or holed, or scored to a depth of 1 mm or deeper for a length of 10 mm or longer;
(b)
the polystyrene lining of the helmet is damaged, missing or not intact;
(c)
the liner (other than a comfort liner) is loose;
(d)
the chin strap or buckle of the helmet is not capable of keeping the helmet securely fastened on the head of the user;
(e)
the helmet has been altered or used in a fashion contrary to the manufacturer's recommendations;
(f)
the shell of the helmet is constructed of plastic and the shell has been painted; or
(g)
the helmet is not an approved helmet.
109. FORFEITURE OF HELMET

(1) A helmet used in contravention of regulation 107(1)(b)(ii) or (iii) is, on the offence being proved, forfeited to the Territory.

(2) A helmet forfeited under subregulation (1) may be disposed of as the Registrar thinks fit.

 

Comment

The definition of helmet damage is precise and it is not certain this definition has been included in the dictionary or some other obscure location of the 1999 to 2015 regulations to go with the proscribed offence of damaged helmet.

Whether there is a provision for forfeiture of a helmet in the 1999 to 2015 regulations is also unclear.