NSW Motorcycle Helmet Rules and Regulations
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.
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.
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.
Note - Published LW 1 July 2016 (2016 No 412)
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.
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:
Australian/New Zealand Standard AS/NZS 1698:2006, Protective helmets for vehicle users (AS/NZS 1698),
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,
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,
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.
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 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.
2014-758
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.
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.
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 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.
2008-179
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.
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.
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 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.
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).
Subject to this Regulation, the Australian Road Rules are to be read with, and as if they formed part of, this Regulation.
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.
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.
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 principal Act was the Traffic Act 1909 (1909 No 5).
The subsidiary act was the Motor Traffic Regulations 1935 (1935 No 6).
Motor cycle rider.
Motor cycle passenger.
110E (1), 129 motor cycle rider not wear helmet
110E (1A), 129 motor cycle passenger not wear helmet