Victorian Motorcycle Helmet Rules and Regulations

 

S.R. No. 94/2009 Vsns 6 to 16 (1/7/12 to 1/10/14)

The principal Act is the Road Safety Act 1986. The subsidiary Act is the Road Safety Road Rules 2009.

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

 
Road Rules 2009 - 270 (Part 16)

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: Fine not exceeding 10 penalty units.

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: Fine not exceeding 10 penalty units.

3
In this rule:

approved motor bike helmet means a protective helmet for motor bike riders that is approved, for the purposes of these Rules, by the Corporation under rule 407(d);

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. of approved motor bike helmet substituted by S.R. No. 47/2012 rule 22.

 
Road Rules 2009 - 407 (Part 22)

Corporation may declare or approve items for the purposes of the Road Rules

The Corporation, by notice published in the Government Gazette, may declare, for the purposes of these Rules--

 

(d) a motor bike helmet to be an approved motor bike helmet;

 
Road Rules 2009 - 408 (Part 22)

Transitional provision - Corporation approvals - (Rule 408 inserted by S.R. No. 47/2012 rule 26)

4

The approval of a motor bike helmet by the Corporation under these Rules in force immediately before
30 June 2012 --

(a) is taken to be an approval declared by the Corporation under rule 407(d); and

(b) may be amended or revoked accordingly.

 
The approved helmet standards are in the gazetted regulations below
UNECE 22.05 Helmets approved for use as of 6/8/15
 

S.R. No. 94/2009 Vsns 1 to 5 (2009 to 30/6/12)

The principal Act was the Road Safety Act 1986. The subsidiary Act was the Road Safety Road Rules 2009.

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

 
 
Road Safety Road Rules 2009
S.R. No. 94/2009
 
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: 10 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: 10 penalty units.

3
In this rule:

approved motor bike helmet means a protective helmet for motor bike riders that is approved by the Corporation by notice in the Government Gazette;

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 approved helmet standards are in the gazetted regulations below
 

S.R. No. 120/1999 Vsns 1 to 46 (1999 to 2007)

The principal Act was the Road Safety Act 1986. The subsidiary Act was the Road Safety (Road Rules) Regulations 1999. This was the introduction of the ARR to Victoria. The regulations were formulated and gazetted periodically.

 
Road Safety (Road Rules) Regulations 1999 - Part 1
101
Objectives

The main objectives of these Regulations are--

(a)
to incorporate into the law of Victoria, as the Road Rules-Victoria, a modified version of the Australian Road Rules;
(b)
to establish rules to be observed by road users in matters not otherwise dealt with in the Road Rules;
 
Road Safety (Road Rules) Regulations 1999 - Part 2
201
Incorporation of Road Rules into Victorian law
(1)
The Road Rules are to be read and construed with these Regulations as if they formed part of them.
(2)
Sub-regulation (1) does not make part of these Regulations anything printed with the Road Rules that those Rules expressly state not to be part of them.
 
Road Rules - Victoria
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: 5 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: 5 penalty units.

3
In this rule:

approved motor bike helmet means a protective helmet for motor bike riders that is approved by the Corporation by notice in the Government Gazette;

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 approved helmet standards are in the gazetted regulations below
 

S.R. No. 88/1988 Vsns 1 to 45 (1988 to 1999)

The principal Act was the Road Safety Act 1986. The subsidiary Act was the Road Safety (Traffic Regulations 1988).

The regulations were formulated and gazetted periodically.

 
 
Road Safety (Traffic) Regulations 1988
S.R. No. 30/1988
 
 
PART 15 - VEHICLE OCCUPANTS
 
1503. Positions of drivers and passengers
 
5

A person must not drive a motor cycle or a 3 wheeled vehicle designed to be driven by a person seated in the same manner as the driver of a motor cycle unless the driver and any pillion passenger is wearing securely on the head a protective helmet of a type approved by the Roads Corporation.

 

Penalty: 5 penalty units.

 

Reg. 1503(5) amended by S.R. No. 397/1990 reg. 5(j).

 
 
 
 
 
The approved helmet standards are in the gazetted regulations below
 

 

The Act was the Motor Car Act 1958. The rules were written into Section 31 of the Act when mandatory wearing of helmets was introduced. The standards were set by publication in the Victorian Gazette as per the overlays below.

The Transport Act 1983 repealed the Motor Car Act 1958 and the Recreational Vehicles Act 1973, helmet regulations became section 109 under that Act.

The Recreational Vehicles Act 1973 also referenced the gazetted helmet standards.

 
The Motor Car Act 1958
Part IV - Regulation of Use of Motor Cars Etc.
DIVISION 1. - EQUIPMENT ETC.
 

31 (1) A motor cycle shall not be driven on a highway--

(f)

On or after the first day of January One thousand nine hundred and sixty-one, unless the driver of the motor cycle and, where any person is riding or being carried on the pillion seat thereof, that person are each wearing securely on the head a protective helmet of a type approved by the Chief Commissioner.

     (2)

If in respect of the driving of a motor cycle on a highway there is any contravention of or failure to comply with any provision of the foregoing sub-section the driver of the motorcycle shall be guilty of an offence against this Act.

Penalty: 2 penalty units or imprisonment for 14 days (inserted by Motorcycle Penalties Act 1982)

 
The Transport Act 1983
Part VI - Traffic Regulation, Registration and Licensing
DIVISION 3. - RECREATIONAL VEHICLES.
 
109.

A person shall not drive in a public place a recreation vehicle with two or three wheels unless he is wearing securely on his head a protective helmet of a type approved by the Authority.

Penalty: 2 penalty units

 
The approved helmet standards are in the gazetted regulations below