Land Transport (Road User) Rule 2004

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7.12 Safety helmets for all terrain vehicles, motorcycles, and mopeds
  • (1) A person must not drive or ride on an all terrain vehicle, on a motorcycle, in a sidecar, or on a moped on a road unless the person is wearing a safety helmet of an approved standard that is securely fastened.

    (1A) However, subclause (1) does not apply in respect of the driver or rider of an all terrain vehicle if—

    • (a) the all terrain vehicle is fitted with a roll bar; and

    • (b) the driver and every rider are each—

      • (i) occupying a seat equipped with a seat belt; and

      • (ii) wearing that seat belt (unless, in the case of the driver, he or she is not required to do so under clause 7.11(3)(b)); and

      • (iii) while the vehicle is in motion,—

        • (A) wearing that seat belt correctly, so that he or she is properly restrained; and

        • (B) keeping that seat belt securely fastened.

    (2) The approved standards for safety helmets are—

    • (a) UN/ECE Regulation No 22, Uniform provisions concerning the approval of protective helmets and their visors for drivers and passengers of Motor Cycles and Mopeds (E/ECE324–E/ECE/TRANS/505/Rev.1/Add.21):

    • (b) Australian Standard AS 1698, Protective helmets for vehicle users:

    • (c) New Zealand Standard NZ 5430, Protective helmets for vehicle users:

    • (d) Snell Memorial Foundation, Helmet Standard for use in motorcycling:

    • (e) Federal Motor Vehicle Safety Standard No 218, Motor-cycle helmets:

    • (f) British Standard BS 6658, Specification for protective helmets for vehicle users (for type A helmets only):

    • (g) Japan Industrial Standard T8133.

    (3) The approved standard in subclause (2)(e) applies only to motorcycle safety helmets that are manufactured and purchased in the United States of America.

    (4) A safety helmet must comply with the version of an approved standard for safety helmets that is—

    • (a) applicable in the relevant standard-setting jurisdiction to the date of manufacture of the safety helmet or as specified in the standard; or

    • (b) a more recent version of the standard if the safety performance of the safety helmet is not adversely affected.

    (5) An approval of a safety helmet under the Traffic Regulations 1976 that was published in the Gazette before 27 February 2005 remains valid after this rule comes into force.

    (6) In proceedings for an offence of breaching this clause, proof that a safety helmet worn by the defendant did not bear a standard specification mark or a registered trademark is, until the contrary is proved, sufficient evidence that the helmet was not of an approved standard.

    (7) A safety helmet must be free from damage, wear, tear, or modifications that may adversely affect its safety.

    (8) A person is not in breach of subclause (1) if the person proves that at the time of the commission of the alleged breach he or she was an adherent of the Sikh religion.

    (9) Subclause (8) does not apply if the vehicle was being driven at a speed exceeding 50 km per hour.

    Compare: SR 1976/227 r 31(1), (4), (6)

    Clause 7.12(1A): inserted, on 1 June 2013, by clause 7 of the Land Transport (Road User) Amendment Rule 2013 (SR 2013/101).