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ACT Motorcycle Helmet Rules and Regulations

The rules are current up to January 2020

The principal Acts are the Road Transport (General) Act 1999 (A1999-77) & the Road Transport (Safety and Traffic Management) Act 1999 (A1999-80). Subordinate Acts are the Road Transport (General) Regulation 2000 (SL2000-13), the Road Transport (Offences) Regulation 2005 (SL2005-11) the Road Transport (Safety and Traffic Management) Regulation 2017 (SL2017-45) & the Road Transport (Road Rules) Regulation 2017 (SL2017-43).

The regulations are formulated and gazetted periodically and plain english versions included in the rider handbook.

 
Road Transport (Safety and Traffic Management) Act 1999
Part 8 Regulations about safety and traffic management
36
Division 8.2 Safety

Regulations about safety generally

A regulation may make provision in relation to the regulation or prohibition of traffic, people and animals on roads and road related areas, including provision about --

(a) the use of safety equipment by drivers, riders, passengers and other people; and

(b) standards of conduct for safety purposes.

 
Road Transport (Road Rules) Regulation 2017
Part 16 - Rules for persons travelling in or on vehicles
270 Wearing motor bike helmet
(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 sub rule (2).

Maximum Penalty: 20 penalty points.

(1A)

However, the rider of a motorbike that is moving, or is stationary but not parked, is exempt from wearing an approved motorbike helmet if--

(a) the motorbike’s engine is not on; and

(b) the rider is pushing the motorbike; 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.

Maximum Penalty: 20 penalty points.

(3)

In this rule:

approved motor bike helmet means a helmet--

(a) made in compliance with a relevant standard for the helmet; and

(b) that has an identifying mark certifying compliance with the standard; and

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

Examples--par (c)

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.

disapplied provision, of a standard, means a provision (if any) of the standard--

(a) relating to external projections, but only to allow attachment of communication and recording equipment
      using frangible mountings; or

(b) relating to flip down internal visors, but only for helmets with an external visor that meets the standard; or

(c) requiring the user of a helmet to carry a brochure or label detailing use and care instructions for the helmet.

relevant standard, for a helmet, means--

(a) if the helmet is manufactured in Australia--either of the following, whether in force at the time the helmet is
      manufactured or at any later time:       (i) AS 1698-1988;         (ii) AS/NZS 1698; or

(b) if the helmet is imported into Australia--either of the following, whether in force at the time the helmet is
      imported or at any later time:        (i) AS 1698-1988;         (ii) AS/NZS 1698; or

(c) in any case--the United Nations Economic Commission for Europe standard 22.05, whether in force at the
      time the helmet is manufactured or at any later time;

but does not include a disapplied provision of a standard mentioned in paragraph (a), (b) or (c).

(4)

The Legislation Act, section 47 (5) and (6) do not apply to a relevant standard.

The rules were current up to June 2019
 

The principal Acts were the Road Transport (General) Act 1999 (A1999-77) & the Road Transport (Safety and Traffic Management) Act 1999 (A1999-80). Subordinate Acts were the Road Transport (General) Regulation 2000 (SL2000-13), the Road Transport (Offences) Regulation 2005 (SL2005-11) the Road Transport (Safety and Traffic Management) Regulation 2017 (SL2017-45) & the Road Transport (Road Rules) Regulation 2017 (SL2017-43).

The ARR versions were updated by amendment during the period 2000 to 2015, helmet rules stayed the same.

The regulations were formulated and gazetted periodically and plain english versions included in the rider handbook.

 
Road Transport (Safety and Traffic Management) Act 1999
Part 8 Regulations about safety and traffic management
36
Division 8.2 Safety

Regulations about safety generally

A regulation may make provision in relation to the regulation or prohibition of traffic, people and animals on roads and road related areas, including provision about --

(a) the use of safety equipment by drivers, riders, passengers and other people; and

(b) standards of conduct for safety purposes.

 
Road Transport (Road Rules) Regulation 2017
Part 16 - Rules for persons travelling in or on vehicles
270 Wearing motor bike helmet
(1)

The rider of a motorbike that is moving, or is stationary but not parked, must:

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

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

Maximum Penalty: 20 penalty points.

(1A)

However, the rider of a motorbike that is moving, or is stationary but not parked, is exempt from wearing an approved motorbike helmet if--

(a) the motorbike’s engine is not on; and

(b) the rider is pushing the motorbike; and

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

(2)

A passenger on a motorbike that is moving, or is stationary but not parked, must wear an approved motor bikehelmet securely fitted and fastened on the passenger's head.

Maximum Penalty: 20 penalty points.

(3)

In this section:

approved motorbike helmet means a protective helmet for motorbike riders that is approved by the road transport authority under the Road Transport (Safety and Traffic Management) Regulation 2017, section 73 (1) (e) (Approval etc by road transport authority).

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

 
See the 2015 and 2016 Gazette overlays below for the motorcycle helmet definitions
The ARR Package 12 was implemented as of July 2019
The rules were current up to Dec 2017

The principal Acts are the Road Transport (General) Act 1999 (A1999-77) and the Road Transport (Safety and Traffic Management) Act 1999 (A1999-80). Subordinate Acts are the Road Transport (General) Regulation 2000 (SL2000-13), the Australian Road Rules and the Road Transport (Safety and Traffic Management) Regulation 2000 (SL2000-10).

The ARR versions were updated by amendment during the period 2000 to 2015, helmet rules stayed the same.

The regulations are formulated and gazetted periodically and plain english versions included in the rider handbook.

 
Road Transport (Safety and Traffic Management) Regulation 2000
Chapter 2 Australian Road Rules
Part 2.1 Incorporation into ACT law
5

Meaning of Australian Road Rules

In this regulation:

Australian Road Rules means that part of the publication known as the Australian Road Rules, ISBN 0 7240 8874 1 published by the National Transport Commission in February 2012 that consists of the rules approved by the Australian Transport Council under the National Transport Commission Act 2003 (Cwlth).

6

Incorporation of Australian Road Rules into ACT law

In this regulation:

(1) The Australian Road Rules (other than rule 2) are to be read with and as if they formed part of this regulation.

(2) Subsection (1) has effect subject to this regulation.

How the Australian Road Rules are incorporated
26

ARR r 270 (3)-wearing motorbike helmets

For the Australian Road Rules, rule 270 (3):

approved motor bike helmet means a protective helmet for motorbike riders that is approved by the road transport authority under section 66 (1) (e) (Approvals etc by road transport authority).

 
Australian Road Rules
Part 16 - Rules for persons travelling in or on vehicles
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 sub rule (2).

Penalty: 3 demerit points.
Note: Motor bike and park are defined in the dictionary.

(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: 3 demerit points.

(3)

In this rule:

approved motor bike helmet means a protective helmet for motor bike riders that is approved, for the Australian Road Rules, under another law of this jurisdiction:

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

Rule 270(3) def. passenger substituted by 4th pkg, Item 84

 
 

The principal Act was the Motor Traffic Act 1936. The road rules and penalties were within in the act. There were two amendments in 1993 Act Nos. 47 and 57, 1993. These updated the language and removed clause 3 (a). A further amendment in 1994 moved to penalty units.

 
MOTOR TRAFFIC ACT 1936
 
PART 12 - EQUIPMENT AND LOADS
190A Motorcyclists to wear safety helmets
(1)
Subject to this section, a person who-

(a) drives on a public street a motor cycle or a motor cycle to which a side-car is attached; or

(b) is carried on a public street on a motor cycle or in a sidecar attached to a motor cycle,

is guilty of an offence if--

(c) he is not wearing a safety helmet;

(d) he is wearing a safety helmet other than a safety helmet of an approved type; or

(e) he is wearing a safety helmet of an approved type that is not appropriately adjusted on his head.

(2)
The penalty for an offence against subsection (1) is a fine not exceeding 1 penalty unit.
(3)
It is a defence to a prosecution for an offence against subsection (1) if--
(a)
Repealed by Notification in ACT Gazette S172: 6 September 1993
(b)
the defendant establishes that he or she was, at the time of the alleged offence, a resident of a State or another Territory of the Commonwealth and he or she was wearing a safety helmet of a type that was, at that time, approved for the purposes of the provisions of the law of that State or Territory that correspond to this section.
(4)
In this section, a reference to a safety helmet of an approved type shall be read as a reference-
(a)
to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955 of the Commonwealth together with the letter and figures E33;
(b)
to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955 of the Commonwealth together with the letter and figures E43;
(ba)
to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955 of the Commonwealth together with the figures 1698;
(c)
to a helmet that has applied to it the letters and figures AS E33 or the letters and figures AS E43; or
(d)
to a helmet that is a helmet to which this paragraph applies.
(5)
A helmet is a helmet to which paragraph (4) (d) applies if--
(a)
the helmet is a helmet of a kind that is specified by the Registrar by notice published in the Gazette as being a kind of helmet that is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (4) (a); or
(b)
the helmet is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (4) (a).
(6)
The Registrar shall cause to be kept at each place referred to in paragraph 14A (8) (a) a copy of each notice referred to in paragraph (5) (a)
 

The principal Act was the Motor Traffic Act 1936. The road rules and penalties were within in the act.

MOTOR TRAFFIC ACT 1936
PART 12 - EQUIPMENT AND LOADS
190A Motorcyclists to wear safety helmets
(1)
Subject to this section, a person who, on or after the expiration of the period of two months after the commencement of this section--

(a) drives on a public street a motor cycle or a motor cycle to which a side-car is attached; or

(b) is carried on a public street on a motor cycle or in a sidecar attached to a motor cycle,

is guilty of an offence if--

(c) he is not wearing a safety helmet;

(d) he is wearing a safety helmet other than a safety helmet of an approved type; or

(e) he is wearing a safety helmet of an approved type that is not appropriately adjusted on his head.

(2)
The penalty for an offence against the last preceding sub­ section is a fine not exceeding $80.
(3)
It is a defence to a prosecution for an offence against subsection (1) if--
(a)
at the time of the alleged offence the motor cycle or the motor cycle and side-car was travelling at a speed of less than 40 kilometres per hour and the defendant establishes that a medical practitioner has issued to the defendant a certificate in writing that, in the opinion of the medical practitioner, it is undesirable--
(i)
on medical grounds; or
(ii)
by reason of the physical characteristics of the defendant,
 
for the defendant to wear a safety helmet and that, at the time of the alleged offence that certificate had not been revoked, or, if that certificate was expressed to be valid for a specified period that period had not elapsed; or
(b)
the defendant establishes that he or she was, at the time of the alleged offence, a resident of a State or another Territory of the Commonwealth and he or she was wearing a safety helmet of a type that was, at that time, approved for the purposes of the provisions of the law of that State or Territory that correspond to this section.
(4)
In this section, a reference to a safety helmet of an approved type shall be read as a reference-
(a)
to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955-1966 of the Commonwealth together with the letter and figures E33;
(b)
to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955-1966 of the Commonwealth together with the letter and figures E43;
(ba)
to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955 of the Commonwealth together with the figures 1698;
(c)
to a helmet that has applied to it the letters and figures AS E33 or the letters and figures AS E43; or
(d)
to a helmet that is a helmet to which this paragraph applies.
(5)
A helmet is a helmet to which paragraph (d) of the last preceding sub-section applies if--
(a)
the helmet is a helmet of a kind that is specified by the Registrar by notice published in the Gazette as being a kind of helmet that is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (a) of the last preceding sub-section.
(b)
the helmet is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (4) (a).
(6)
The Registrar shall cause to be kept at each place referred to in sub-section (5.) of section 7A of this Ordinance a copy of each notice referred to in paragraph (a) of the last preceding sub-section and shall, at the request of a person, make that copy available for inspection by that person at a time when that place is open to the public".
 

The principal Act was the Motor Traffic Act 1936. The road rules and penalties were within in the act.

MOTOR TRAFFIC ACT 1936
PART 12 - EQUIPMENT AND LOADS
190A Motorcyclists to wear safety helmets
(1)

Subject to this section, a person who, on or after the expiration of the period of two months after the commencement of this section--

(a) drives on a public street a motor cycle or a motor cycle to which a side-car is attached; or

(b) is carried on a public street on a motor cycle or in a sidecar attached to a motor cycle,

is guilty of an offence if--

(c) he is not wearing a safety helmet;

(d) he is wearing a safety helmet other than a safety helmet of an approved type; or

(e) he is wearing a safety helmet of an approved type that is not appropriately adjusted on his head.

(2)
The penalty for an offence against the last preceding sub­ section is a fine not exceeding Twenty dollars.
(3)
It is a defence to a prosecution for an offence against subsection (1) if--
(a)
at the time of the alleged offence the motor cycle or the motor cycle and side-car was travelling at a speed of less than twenty-five miles per hour and the defendant establishes that a medical practitioner has issued to the defendant a certificate in writing that, in the opinion of the medical practitioner, it is undesirable--
(i)
on medical grounds; or
(ii)
by reason of the physical characteristics of the defendant,
 
for the defendant to wear a safety helmet and that, at the time of the alleged offence that certificate had not been revoked, or, if that certificate was expressed to be valid for a specified period that period had not elapsed; or
(b)
the defendant establishes that he or she was, at the time of the alleged offence, a resident of a State or another Territory of the Commonwealth and he or she was wearing a safety helmet of a type that was, at that time, approved for the purposes of the provisions of the law of that State or Territory that correspond to this section.
(4)
In this section, a reference to a safety helmet of an approved type shall be read as a reference-
(a)
to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955-1966 of the Commonwealth together with the letter and figures E33;
(b)
to a helmet that has applied to it the certification trade mark of which the Standards Association of Australia is the registered proprietor under the Trade Marks Act 1955-1966 of the Commonwealth together with the letter and figures E43;
(c)
to a helmet that has applied to it the letters and figures AS E33 or the letters and figures AS E43; or
(d)
to a helmet that is a helmet to which this paragraph applies.
(5)
A helmet is a helmet to which paragraph (d) of the last preceding sub-section applies if--
(a)
the helmet is a helmet of a kind that is specified by the Registrar by notice published in the Gazette as being a kind of helmet that is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (a) of the last preceding sub-section.
(b)
the helmet is no less effective in preventing, in the event of accident, injury to its wearer than a helmet of the kind referred to in paragraph (4) (a).
(6)
The Registrar shall cause to be kept at each place referred to in sub-section (5.) of section 7A of this Ordinance a copy of each notice referred to in paragraph (a) of the last preceding sub-section and shall, at the request of a person, make that copy available for inspection by that person at a time when that place is open to the public".
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Other Information
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Legislation Gazettes Road Traffic Act 1999 Road Traffic (Safety and Traffic Management) Act 1999

Road Traffic Regs 2000 2017 Road Traffic Rules 1999 2004 2010 2013 2017 Rider Safety