Victorian Motorcycle Helmet Rules and Regulations
S.R. No. 41/2017 Version 7 (26/11/19)
The principal Act is the Road Safety Act 1986. The subsidiary Act is the Road Safety Road Rules 2017.
The regulations are formulated and gazetted periodically and plain english versions included in the rider handbook.
Wearing motor bike helmets
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.
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.
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.
In this rule:
approved motor bike helmet means a helmet --
(a) made in compliance with --
(i) AS 1698; or
(ii) AS/NZS 1698; or
(iii) UN 22; and
(b) that has an identifying mark certifying compliance with a standard mentioned in paragraph (a); and
(c) that is in good repair and proper working order and condition;
Examples
Examples of a helmet that is in good repair and proper working order and condition:
1 A helmet that is scratched or marked but the scratch or mark has not--
(a) penetrated the helmet's outer shell; or
(b) damaged the helmet's retention system; or
(c) damaged the helmet's inner lining.
2 A helmet that is damaged to a degree that might reasonably be expected from the normal use of the helmet.
passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.
Transitional provision - Corporation approvals
The approval of a motor bike helmet by the Corporation under the Road Safety Road Rules 2009 in force immediately before these Rules --
(a) is taken to be an approval declared by the Corporation under rule 407(d); and
(b) may be amended or revoked accordingly.
S.R. No. 41/2017 Version 1 (1/7/17+)
The principal Act is the Road Safety Act 1986. The subsidiary Act is the Road Safety Road Rules 2017.
The regulations are formulated and gazetted periodically and plain english versions included in the rider handbook.
Wearing motor bike helmets
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.
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.
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.
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.
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;
Transitional provision - Corporation approvals
The approval of a motor bike helmet by the Corporation under the Road Safety Road Rules 2009 in force immediately before these Rules --
(a) is taken to be an approval declared by the Corporation under rule 407(d); and
(b) may be amended or revoked accordingly.
S.R. No. 94/2009 Vsns 6 to 19a (30/6/12 to 30/06/17)
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.
Wearing motor bike helmets
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.
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.
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.
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;
Transitional provision - Corporation approvals - (Rule 408 inserted by S.R. No. 47/2012 rule 26)
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.
S.R. No. 94/2009 Vsns 1 to 5 (2009 to 29/6/12)
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.
S.R. No. 94/2009
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.
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.
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.
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.
The main objectives of these Regulations are--
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.
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.
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.
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.
S.R. No. 30/1988
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 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.
Part IV - Regulation of Use of Motor Cars Etc.
31 (1) A motor cycle shall not be driven on a highway--
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.
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)
Part VI - Traffic Regulation, Registration and Licensing
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