One of the glaring omissions in the regulation of helmets is the lack of a nationally consistent exemption system. There are systems in some States and not in others and availability of the systems is not always immediately obvious.

There can be a number of reasons for riders needing an exemption from the rules or some aspect of the rules. The reasons can be medical or religious and may be required either on a permanent or temporary basis.

At the current time where a rider is granted an exemption the rider must carry proof of the exemption at all times which is not a very practical solution. There is a good case for permanent exemptions being specified as an endorsement on a riders licence.

The other aspect is that there is very little sign of mutual recognition between States of the exemptions granted in individual States despite the requirements for recognition in both the constitution and mutual recognition legislation.

One rider from NSW has been pursuing medical exemption systems with individual States.

In Queensland there is a system which is named the "Special Circumstances" but under this system the exemption must be renewed on an annual basis.

In NSW a limited medical exemption system was gazetted in 2012 with little or no consultation with rider interest groups.

In Victoria the Minister can grant an exemption on a personal basis but this then exposes the rider's name and address in Government Gazette entries which would seem a complete violation of a riders privacy.

Tasmania has a general exemption system which is in Part 23 Division 1 of the road rules.

Western Australia has a system which is incorporated into the road road rules.

The situation in the Northern Territory and South Australia is unknown.

An exemption system needs to be set out in the Australian Road Rules to enable the States to then implement the system into their road rules taking into account any variations in the way their respective legislation is structured.

Another area of exemption which is lacking is the ability of New Zealand riders and international riders travelling within Australia. The mutual recognition and other agreements between Australia and New Zealand set out that what is legal to use and sell in NZ is supposed to be legal in Australia but at the current time (2014) we are not honouring the agreements.

Australian riders can travel to NZ and use their own helmets but NZ riders cannot travel Australia due to the lack of recognition of the standards allowed in NZ and that AS1698 helmets require external stickers in Australia which are not needed in NZ.

RTW riders and others who come to Australia on organised tours are unable to legally bring their own helmets. We expect these riders to purchase a new helmet which they cannot use in other countries when they arrive here. It is a barrier to trade and those riders who do bring their own helmets run the risk of fines and insurance problems in the case of accidents. The tour companies legal liabilities are also considerable. It is an intolerable situation.