NSW Motorcycle Helmet Rules and Regulations

The rules are current as of Jan 2016
 

The principal Act is the Road Transport Act 2013. The subsidiary Act is the Road Rules 2014 Act.

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

 
Road Rules 2014 (2014-758)
 
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: 20 penalty units.
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: 20 penalty units.

(3)

In this rule:

approved motor bike helmet means a protective helmet for motor bike riders of a type that complies with any one or more of the following standards and has an identifying mark certifying compliance with that standard:

(a)

Australian/New Zealand Standard AS/NZS 1698:2006, Protective helmets for vehicle users (AS/NZS 1698),

(b)

in the case of a helmet manufactured in Australia-the version of AS/NZS 1698 or Australian Standard AS 1698-1988, Protective helmets for vehicle users (AS 1698-1988) that was in force at the time the helmet was manufactured, or any later version of AS/NZS 1698 or AS 1698-1988,

(c)

in the case of a helmet imported into Australia-the version of AS/NZS 1698 or AS 1698-1988 that was in force at the time the helmet was imported, or any later version of AS/NZS 1698 or AS 1698-1988,

(d)

United Nations Economic Commission for Europe Regulation No 22 Uniform Provisions Concerning the Approval of Protective Helmets and their Visors for Drivers and Passengers of Motor Cycles and Mopeds Revision 4 of 24 September 2002 (UNECE22.05) and any further amendments to UNECE22.05 approved and published by the United Nations Economic Commission for Europe, or any later version of UNECE22.05.

 

Note. This definition is not uniform with the definition in rule 270 (3) of the Australian Road Rules. However, the definition in the Australian Road Rules allows another law of this jurisdiction to make provision for the approval of protective helmets for motor bikes. Different definitions may apply in other Australian jurisdictions.

 

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

(4)

For the purposes of paragraphs (a)-(c) of the definition of approved motor bike helmet in subrule (3), the identifying mark in the case of a motor bike helmet manufactured after 31 March 2011 must be the identifying mark of a body accredited or approved by the Joint Accreditation System of Australia and New Zealand.

 
The rules applied up to 10th December 2015
 

The principal Act is the Road Transport Act 2013. The subsidiary Act is the Road Rules 2014 Act.

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

 
Road Rules 2014
2014-758
 
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: 20 penalty units.
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: 20 penalty units.

(3)

In this rule:

approved motor bike helmet means a protective helmet for motor bike riders of a type approved by the Authority.

Note 1. Authority is defined in the Act.

Note 2. This definition is not uniform with the definition in rule 270 (3) of the Australian Road Rules. However, the definition in the Australian Road Rules allows another law of this jurisdiction to make provision for the approval of protective helmets for motor bikes. Different definitions may apply in other Australian jurisdictions.

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

 
 
The Road Rules applied up to Nov 2014
 

The principal Act was the Road Transport Act 2008. The subsidiary Act was the Road Rules 2008 Act.

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

 
Road Rules 2008
2008-179
 
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: 20 penalty units.
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: 20 penalty units.

(3)

In this rule:

approved motor bike helmet means a protective helmet for motor bike riders of a type approved by the Authority.

Note 1. Authority is defined in the Act.

Note 2. This definition is not uniform with the definition in rule 270 (3) of the Australian Road Rules. However, the definition in the Australian Road Rules allows another law of this jurisdiction to make provision for the approval of protective helmets for motor bikes. Different definitions may apply in other Australian jurisdictions.

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

 
 
The rules applied up to 2008
 

The principal Act was the Road Transport (Safety and Traffic Management) Act (1999 No 20). The subsidiary act was the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 which was later renamed the Road Transport (Safety and Traffic Management) Regulation 1999. The Australian Road Rules were written into law by reference with only the variations directly specified in the legislation.

 
Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
Part 2 Australian Road Rules
Division 1 Incorporation into NSW law
5
What are the Australian Road Rules

In this Regulation, the Australian Road Rules means that part of the publication known as the Australian Road Rules, ISBN 0 7240 8874 1, published by the National Road Transport Commission on 19 October 1999 that comprises the road rules approved by the Australian Transport Council under the National Road Transport Commission Act 1991 of the Commonwealth on 29 January 1999 (together with the amendments to those rules approved by the Council on 30 June 1999 and 11 October 1999).

6
Incorporation of Australian Road Rules into NSW law

Subject to this Regulation, the Australian Road Rules are to be read with, and as if they formed part of, this Regulation.

 
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).

Offence Provision.

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.

Offence Provision.

(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.

The rules applied up to 1998
 

The principal Act was the Traffic Act 1909 (1909 No 5).

The subsidiary act was the Motor Traffic Regulations 1935 (1935 No 6).

 
 
Motor Traffic Regulations 1935
 
PART 8—SAFETY OF DRIVERS AND PASSENGERS
110E. Wearing of protective helmets
1

Motor cycle rider.

1A

Motor cycle passenger.

 
113. Offences
 

110E (1), 129 motor cycle rider not wear helmet

 

110E (1A), 129 motor cycle passenger not wear helmet