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 subrule (2).
Offence provision.
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.
Note - 1A inserted by 274/2016 r 24 8.12.2016
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.
Offence provision
In this rule--
approved motor bike helmet means a protective helmet for motor bike riders that is approved,
for the Australian Road Rules, under another law of this jurisdiction.
SA Note--
For South Australia, see regulation 38 of the Road Traffic (Road Rules--Ancillary and Miscellaneous Provisions) Regulations 2014.
passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.
Note
The SA ARR was updated in July 2004, Gazette 56 31/7/14 then amended as per rule 1A above in 2016.