Tasmania Motorcycle Helmet Rules and Regulations

The rules are current as of January 2020
 

The principal Act is the Vehicle and Traffic Act 1999. It replaced the Road Traffic Act 1925.

The subordinate Act with the Road Rules is the Traffic (Road Rules) Regulations 2019.

Helmet Regulation definitions are written directly in Rule 270

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

 
Road Rules 2019 (S.R. 2019, No. 61)
 
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: Fine not exceeding 5 penalty units.
Note: Motor bike and park are defined in the dictionary.

(1A)

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.

(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 5 penalty units.

(3)

In this rule--

approved motor bike helmet means a helmet--

(a)
made in compliance with:

(i) AS 1698; or

(ii) AS/NZ 1698; or

(iii) the United Nations Economic Commission for Europe standard 22.05; and

(b)
that bears a label, or similar mark, indicating the helmet was made in compliance with a standard mentioned in paragraph (a); and
(c)
that is in good repair and proper working order and condition.
 
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.

3 A helmet that has a device affixed to it that --

(a) the helmet's manufacturer has recommended may be affixed to the helmet; and

(b) is securely affixed to the helmet in the way intended by the helmet's manufacturer.

PART 23 - Local Exemptions
Division 1 - Exemption permits and certificates
(1)

The Transport Commission, having regard to such considerations as it thinks fit, may issue a person with -

 

(a) an exemption permit authorising the person to drive or park a vehicle otherwise than in accordance with
      a parking control sign; or

(b) an exemption certificate exempting the person from having to comply with a provision of the Road Rules.


Helmet Gazettes