South Australia Motorcycle Helmet Rules and Regulations
The principal Act is the Road Traffic Act 1961 and the regulations are set in the subordinate, Australian Road Rules, Road Traffic (Road Rules Ancillary and Miscellaneous Provisions) Regulations 2014 and Road Traffic (Miscellaneous) Regulations Act 2014.
The regulations are formulated and gazetted periodically and plain english versions included in the rider handbook.
The Governor may, by regulation--
(a) prescribe specifications as to the design, material, strength and construction of safety helmets
for use by persons riding or being carried on motor bikes or bicycles; and
(b) prescribe any other matters or specifications relating to safety helmets for such use.
The full text of the rule is in the 2019-ARR overlay below or the 2019 Regulations pdf
Despite anything in the definition of approved motor bike helmet in rule 270(3) (Wearing motor bike helmets), a helmet is an approved motor bike helmet for the purposes of that definition and the Rules only if the helmet -
(a) is approved for motor bike riders under reg 51 of the Road Traffic (Miscellaneous) Regulations 2014; and
(b) complies with paragraph (c) of the definition of approved motor bike helmet in rule 270(3).
prescribed certification mark means the certification mark of -
(a) Standards Australia; or
(b) a body accredited under the system established by Australia and New Zealand known as the
Joint Accreditation System of Australia and New Zealand;
(a) an Australian Standard (or AS) of a specified number; and
(b) an Australian/New Zealand Standard (or AS/NZS) of the same number,
will be taken to be an edition of the same standard.
The full text of the rule is in the 2019-R51 overlay below or the 2019 Regulations pdf
Helmet standards & compliance labelling are specified in the SA Australian Road Rules then modified in Regulation 51 to revert to 2016 definitions defeating the purpose of the Australian Road Rules Package 12 of providing a consistant definition of standards & compliance labelling in all States.
The principal Act is the Road Traffic Act 1961 and the regulations are set in the subordinate, Australian Road Rules, Road Traffic (Road Rules Ancillary and Miscellaneous Provisions) Regulations 2014 and Road Traffic (Miscellaneous) Regulations Act 2014.
The regulations are formulated and gazetted periodically and plain english versions included in the rider handbook.
The Governor may, by regulation--
(a) prescribe specifications as to the design, material, strength and construction of safety helmets
for use by persons riding or being carried on motor bikes or bicycles; and
(b) prescribe any other matters or specifications relating to safety helmets for such use.
The full text of the rule is in the 2016-ARR overlay below or the 2016 Regulations pdf
For the purposes of rule 270 (Wearing motor bike helmets), helmets are approved motor bike helmets if approved for motor bike riders under the Road Traffic (Miscellaneous) Regulations 2014.
prescribed certification mark means the certification mark of -
(a) Standards Australia; or
(b) a body accredited under the system established by Australia and New Zealand known as the
Joint Accreditation System of Australia and New Zealand;
(a) an Australian Standard (or AS) of a specified number; and
(b) an Australian/New Zealand Standard (or AS/NZS) of the same number,
will be taken to be an edition of the same standard.
The full text of the rule is in the 2016-R51 overlay below or the 2016 Regulations pdf
The rules are fragmented across 4 pieces of legislation & regulation 51 is outdated, overly complex & imposes certification labelling beyond the requirements of other States plus it is in conflict with Australian Consumer Law.
The principal Act was the Road Traffic Act 1961 and the regulations were set in the subordinate Road Traffic (Miscellaneous) Regulations Act 1999.
The regulations were formulated and gazetted periodically and plain english versions included in the rider handbook.
The Governor may, by regulation--
(a) prescribe specifications as to the design, material, strength and construction of safety helmets for use by persons riding or being carried on motor bikes or bicycles; and
(b) prescribe any other matters or specifications relating to safety helmets for such use.
For the purposes of rule 270 (Wearing motor bike helmets), helmets are approved motor bike helmets if approved for motor bike riders under the Road Traffic (Miscellaneous) Regulations 2014.
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).
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.
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 lists of approved helmets are in the Road Traffic (Miscellaneous) Regulations Act
The details for each year are in the Gazetted regulations below.
The principal Act was the Road Traffic Act 1961 and the regulations were set in the Act until 1999.
The standards required were gazetted periodically.
(1) In this Act, unless the contrary intention appears --
"cycle" means a pedal cycle or a motor cycle:
A person must not ride, or ride on, a cycle unless the person is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.
A person must not ride a cycle on which a child under the age of 16 years is carried unless the child is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.
A parent or other person having the custody or care of a child under the age of 16 years must not cause or permit the child to ride or be carried on a cycle unless the child is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.
For the purposes of this section, a person will be taken to ride on or be carried on a cycle if the person rides or is carried in a sidecar or other vehicle attached to the cycle.
It is a defence to a charge under this section for the defendant to prove that there were in the circumstances of the case special reasons justifying non-compliance with the requirements of this section.
s 162C(4) - inserted by 56/1991 s 2 - 28.11.1991
The principal Act was the Road Traffic Act 1961 and the regulations were set in the Act until 1999.
The standards required were gazetted periodically.
(1) In this Act, unless the contrary intention appears --
"cycle" means a pedal cycle or a motor cycle:
A person shall not drive, or ride on, a motor cycle at a greater speed than 25 kilometres an hour unless he is wearing a safety helmet that complies with the regulations.
Penalty: Twenty dollars.
The provisions of subsection (1) of this section shall not apply to a person who is carried in a sidecar that is attached to a motor cycle.
The principal Act was the Road Traffic Act 1961 and the regulations were set in the Act until 1999.
Clause 162c requiring helmets was inserted by the amendment Act No 17 of 1967 and Assented to 13th April, 1967.
The helmet standards required were gazetted periodically.
In this Act unless the context otherwise requires or some other meaning is clearly indicated --
"bicycle" means a pedal bicycle or a motor bicycle :
A person shall not, after the thirty-first day of December, One thousand nine hundred and sixty-seven, drive or ride on a motor bicycle, with or without a sidecar attached, at a speed exceeding fifteen miles per hour, unless that person is wearing a safety helmet of a type approved by the Board.
Penalty: Twenty dollars.
The provisions of subsection (1) of this section shall not apply to a person who is carried in a sidecar that is attached to a motor bicycle.
The Board shall, by notice published in the Gazette, specify the type or types of safety helmet approved by the Board for the purposes of subsection (1) of this section.
Approved helmets are in the Road Traffic (Miscellaneous) Regulations Act, see the Gazettes below.
SA gazetted approval of UNECE 22.05 helmets on 28th April 2016