I, DUNCAN GAY, M.L.C., Minister for Roads and Ports, pursuant to section 16 of the Road Transport (General) Act 2005,
make the following Order.
Dated this 18th day of September 2012.
(1.)
This Order is the Ministerial Declaration (Medical Exemption for Helmet) Order 2012.
(2.)
This Order takes effect on the date that it is published in the New South Wales Government Gazette.
(3.)
This Order remains in force for a period of five years from the date of commencement of this Order, unless revoked earlier.
(4.)
Unless stated otherwise, words and expressions used in this Order have the same meaning as those defined in the NSW Road Rules 2008.
In this Order:
Rider is a person who is riding, or is a passenger on, a motor bike or a bicycle, and has a head circumference of at least 62 centimetres, and which makes it impossible for their head to fit safely and comfortably into an approved bicycle helmet or an approved motorbike
helmet as defined in the NSW Road Rules 2008.
(5.)
This exemption will apply to any rider, as defined in clause 4 of this Order.
(a)
Subject to the conditions in clause 7, a Rider is exempt from NSW Road Rule 270 when wearing a motor bike helmet that meets one
of the following standards, or any of its subsequent editions:
.
“Regulation No. 22.04 – Uniform provisions concerning the approval of protective helmets and of their visors for drivers and
passengers of motorcycles and moped”, published by United Nations – Economic Commission for Europe.
.
“2005 Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles”, published by the Snell Memorial
Foundation of the United States of America.
.
“Japanese Industrial Standard JIS T 8133:2007 Protective helmets for motor vehicle users”, published by Japanese Standards Association.
(7.)
The following conditions must be met for the exemption to apply:
(a)
The Rider must carry, when riding or on a motor bike or bicycle, a medical certificate signed by a legally-qualified and registered
medical practitioner which:
i.
is written and signed on the medical practitioner’s letterhead; and
ii.
clearly states the Rider has a head circumference of at least 62cm which makes it impossible
for the rider’s head to fit comfortably and safely into a protective helmet that meets the requirements under rule 270
(motor bike helmets) OR rule 256 (bicycle helmets) of the NSW Road Rules 2008; and
iii.
shows the date of issue.
(b)
The Rider complies with any conditions stated on the medical certificate.
(c)
The Rider produces the medical certificate when requested to do so by a police officer or an authorised person.