Queensland State Motorcycle Helmet Rules and Regulations

The rules are current as of Dec 2015
 

The Road Rules Act is the Transport Operations (Road Use Management Road Rules) Regulation 2009.

Regulations are formulated and gazetted periodically. Plain english versions are in the rider handbook.

Transport Operations (Road Use Management—Road Rules) Regulation 2009
Part 1 - Introductory
Division 2 - Some features of this regulation
5

Compliance with Standards

(1)
In this regulation, unless otherwise stated-
(a)

a reference to a standard using the designation made up of ‘AS’ and a number is a reference to the standard as in force from time to time under that designation; and

(b)

a reference to a standard using the designation made up of ‘AS/NZS’ and a number is a reference to the standard as in force from time to time under that designation.

(2)

If this regulation requires a person to fit or use a thing that complies with a standard mentioned in subsection (1), the person complies with the requirement if, when the thing was manufactured, the thing complied with the standard in force under the designation at that time.

(3)

In this section-

standard means AS or AS/NZS.

7-10

Section numbers not used

This regulation is based on the Australian Road Rules. Some provisions of the Australian Road Rules contain provisions that are not relevant to the operation of this regulation. To maximise uniformity between this regulation and the Australian Road Rules, the numbers of some sections that are not relevant have not been used in the numbering of this regulation, unless required for provisions particular to the State.

 
Part 16 - Rules for persons travelling in or on vehicles
270 - Wearing motorbike helmets
(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 subsection (2).

Maximum penalty - 20 penalty units.

(2)

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

Maximum penalty - 20 penalty units.

(3)

In this section--

approved motorbike helmet means a helmet that--

(a)

complies with--

(i)     AS 1698; or

(ii)    AS/NZS 1698; or

(iii)   the United Nations Economic Commission for Europe standard 22.05; or

(iv)   another standard the chief executive considers is at least equal to a standard mentioned in
         paragraph (i) to (iii). and

(b)

bears a label, or similar mark, indicating compliance with a standard mentioned in paragraph (a).

 

The Road Rules Act was the Transport Operations (Road Use Management Road Rules) Regulation 2009.

 
Transport Operations (Road Use Management—Road Rules) Regulation 2009
Part 1 - Introductory
Division 2 - Some features of this regulation
5

Compliance with Standards

(1)
In this regulation, unless otherwise stated-
(a)

a reference to a standard using the designation made up of ‘AS’ and a number is a reference to the standard as in force from time to time under that designation; and

(b)

a reference to a standard using the designation made up of ‘AS/NZS’ and a number is a reference to the standard as in force from time to time under that designation.

(2)

If this regulation requires a person to fit or use a thing that complies with a standard mentioned in subsection (1), the person complies with the requirement if, when the thing was manufactured, the thing complied with the standard in force under the designation at that time.

(3)

In this section-

standard means AS or AS/NZS.

amended Oct 2013 by 13SL192

 
7-10

Section numbers not used

This regulation is based on the Australian Road Rules. Some provisions of the Australian Road Rules contain provisions that are not relevant to the operation of this regulation. To maximise uniformity between this regulation and the Australian Road Rules, the numbers of some sections that are not relevant have not been used in the numbering of this regulation, unless required for provisions particular to the State.

 
Part 16 - Rules for persons travelling in or on vehicles
270 - Wearing motorbike helmets
(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 subsection (2).

Maximum penalty - 20 penalty units.

(2)

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

Maximum penalty - 20 penalty units.

(3)

In this section--

approved motorbike helmet means a helmet that complies with--

(a) AS 1698; or

(b) AS/NZS 1698; or

(c) another standard the chief executive considers is at least equal to a standard mentioned in paragraph
      (a) or (b).

 

The Road Rules Act was the Transport Operations (Road Use Management Road Rules) Regulation 2009.

 
Transport Operations (Road Use Management—Road Rules) Regulation 2009
 
Part 1 - Introductory
Division 2 - Some features of this regulation
5

Compliance with Australian Standards

If this regulation requires a person to fit or use a thing that complies with an Australian Standard, the person complies with the requirement if, when the thing was manufactured, the thing complied with a relevant Australian Standard.

7-10

Section numbers not used

This regulation is based on the Australian Road Rules. Some provisions of the Australian Road Rules contain provisions that are not relevant to the operation of this regulation. To maximise uniformity between this regulation and the Australian Road Rules, the numbers of some sections that are not relevant have not been used in the numbering of this regulation, unless required for provisions particular to the State.

 
 
Part 16 - Rules for persons travelling in or on vehicles
270 - Wearing motorbike helmets
(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 subsection (2).

Maximum penalty - 20 penalty units.

(2)

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

Maximum penalty - 20 penalty units.

(3)

In this section--

approved motorbike helmet means a helmet that complies with--

(a) AS 1698-1988; or

(b) another standard the chief executive considers is at least equal to that standard.

 

The primary Act was the Transport Operations (Road Use Management) Act 1995 and the subsidiary Act was the Transport Operations (Road Use Management - Road Rules) Regulation 1999.

 
Transport Operations (Road Use Management) Act 1995
Transport Operations (Road Use Management - Road Rules) Regulation 1999
 
Part 1 - General
Division 2 - Some features of this regulation
4

The dictionary in schedule 6 defines particular words used in this regulation.

5

Compliance with Australian Standards

If this regulation requires a person to fit or use a thing that complies with an Australian Standard, the person complies with the requirement if, when the thing was manufactured, the thing complied with a relevant Australian Standard.

7-10

Section numbers not used

 
Part 2 - Application of This Regulation
Division 1

Explanatory Note

This regulation is based on the Australian Road Rules. Some provisions of the Australian Road Rules contain provisions that are not relevant to the operation of this regulation. To maximise uniformity between this regulation and the Australian Road Rules, the numbers of some sections that are not relevant have not been used in the numbering of this regulation, unless required for provisions particular to the State.

 
Part 16 - Rules For Persons Travelling In or On Vehicles
Wearing motor bike helmets
270.(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 subsection (2).

Maximum penalty - 20 penalty units.

 
Schedule 6 - Dictionary
Section 4

“approved motor bike helmet” means a helmet that complies with--

(a) AS 1698-1988; or

(b) another standard the chief executive considers is at least equal to that standard.

 

The primary Act was the Traffic Act 1949 and the subsidiary Act was the Traffic Regulations 1962.

Section 90A was inserted into the regulations in October 1970.

 
Traffic Act 1949
Traffic Regulation 1962
 
Part 1 - PRELIMINARY
Definitions
4

In this regulation --

"wear", used in relation to a safety helmet, includes the secure fastening of the chin strap attached to a safety helmet under the chin of the wearer.

 
Part 13 - CONSTRUCTION OF VEHICLES, AND EQUIPMENT, LOADING, USE AND INSPECTION OF VEHICLES
Compulsory wearing of safety helmets
90A.(1)

The driver of a motorcycle or moped must wear a safety helmet at all times while the motorcycle or moped is in motion.

Maximum penalty - 20 penalty units. (amended by 1995 SL No. 18 s 90)

(2)

A passenger on a motorcycle, which is in motion, must wear a safety helmet.

Maximum penalty - 20 penalty units. (amended by 1995 SL No. 18 s 90)

(3)

The driver of a motorcycle must not carry a passenger on the motorcycle, unless the passenger wears a safety helmet while the motorcycle is in motion.

Maximum penalty - 20 penalty units. (amended by 1995 SL No. 18 s 90)

(4)

In this section --

"safety helmet" means a safety helmet that complies with Australian Standard AS1698-1988 Protective Helmets for Vehicle Users. (amended by Gazette 29 June 1991 pp 1285-305)

 
Schedule 2
OFFENCES UNDER SECTION 108B OF THE REGULATION
 
 

Motorcycle or moped driver failing to wear safety helmet (section 90A(1) of the regulation)

Notes

There were changes to 90A in 1971, 1978, 1983, 1991, 1995, 1996, 1997

These will be changes in AS1698 standards and penalties and need to be obtained from the gazettes