Land Transport (Road User) Rule 2004

11.8 Safety helmets for cyclists

(1)

A person must not ride, or be carried on, a bicycle on a road unless the person is wearing a safety helmet of an approved standard that is securely fastened.

(2)

The approved standards for safety helmets are—

(a)

AS/NZS 2063, Bicycle helmets; or

(b)

EN 1078, Helmets for pedal cyclists and for users of skateboards and roller skates; or

(c)

AS 2063.2, Lightweight protective helmets (for use in pedal cycling, horse riding and other activities requiring similar protection)—Helmets for pedal cyclists; or

(d)

any safety helmet manufactured to the Snell standard for protective headgear for use with bicycles; or

(e)

any safety helmet manufactured to ASTM F1447; or

(f)

any safety helmet manufactured to the Consumer Product Safety Commission Safety Standard for Bicycle Helmets (reference 16 CFR) Part 1203, complying with the CPSC certification process.

(3)

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.

(4)

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.

(5)

A person riding a cycle that is towing a trailer must ensure that every person carried on the trailer is wearing a safety helmet of an approved standard that is securely fastened.

(6)

A person riding, or being carried on, a cycle on a road who is stopped by an enforcement officer must, if so requested by that or any other enforcement officer, produce for inspection by the officer the person’s safety helmet or proof of an exemption granted under subclause (7).

(7)

Subclauses (1) and (5) do not apply to a person if the Director of Land Transport grants the person a written exemption from the requirement to wear a safety helmet on the grounds of religious belief or physical disability or other reasonable grounds.

(7A)

A person riding a bicycle on a road is not in breach of subclause (1) if the person proves that at the time of the commission of the alleged breach the person was an adherent of the Sikh religion.

(7B)

Subclause (7A) does not apply if the bicycle was being ridden at a speed exceeding 50 km per hour.

(8)

The Director of Land Transport may at any time revoke in writing an exemption granted under subclause (7).

(9)

The Director of Land Transport may, by notice in the Gazette, approve types of safety helmets for use under this clause.

(10)

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.

Compare: SR 1976/227 r 38A

Clause 11.8(2)(a): amended, on 1 November 2012, by clause 9(1) of the Land Transport (Road User) Amendment Rule 2012 (SR 2012/303).

Clause 11.8(2)(b): replaced, on 1 November 2012, by clause 9(2) of the Land Transport (Road User) Amendment Rule 2012 (SR 2012/303).

Clause 11.8(2)(c): replaced, on 1 November 2012, by clause 9(3) of the Land Transport (Road User) Amendment Rule 2012 (SR 2012/303).

Clause 11.8(7): amended, on 1 April 2021, by section 175(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

Clause 11.8(7A): inserted, on 1 May 2021, by rule 8 of the Land Transport (Road User) Amendment Rule 2021 (LI 2021/93).

Clause 11.8(7B): inserted, on 1 May 2021, by rule 8 of the Land Transport (Road User) Amendment Rule 2021 (LI 2021/93).

Clause 11.8(8): amended, on 1 April 2021, by section 175(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

Clause 11.8(9): amended, on 1 April 2021, by section 175(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).