Road Amendment (Approved Motor Bike Helmet) Rule 2015

under the

Road Transport Act 2013

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Rule under the Road Transport Act 2013.

DUNCAN GAY, MLC
Minister for Roads, Maritime and Freight

Explanatory note

The object of this Rule is to amend the definition of approved motor bike helmet in the Road Rules 2014 to specify that an approved motor bike helmet is one that complies with one or more of certain Australian or Australian/New Zealand Standards or with the United Nations Economic Commission for Europe Regulation No 22, and bears an identifying mark certifying compliance with the relevant standard.

This Rule is made under the Road Transport Act 2013, including sections 23 (the general regulation-making and rule-making power) and 25 (1) (a) and clause 5 (i) of Schedule 1.

1
Name of Rule

This Rule is the Road Amendment (Approved Motor Bike Helmet) Rule 2015.

2
Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Road Rules 2014
[1]
Rule 270 Wearing motor bike helmets

Omit “approved by the Authority.” from the definition of approved motor bike helmet in rule 270 (3).

Insert instead:

that complies with any one or more of the following standards and has an identifying mark certifying compliance with that standard:

(a)

Australian/New Zealand Standard AS/NZS 1698:2006, Protective helmets for vehicle users (AS/NZS 1698),

(b)

in the case of a helmet manufactured in Australia-the version of AS/NZS 1698 or Australian Standard AS 1698-1988, Protective helmets for vehicle users (AS 1698-1988) that was in force at the time the helmet was manufactured, or any later version of AS/NZS 1698 or AS 1698-1988,

(c)

in the case of a helmet imported into Australia-the version of AS/NZS 1698 or AS 1698-1988 that was in force at the time the helmet was imported, or any later version of AS/NZS 1698 or AS 1698-1988,

(d)

United Nations Economic Commission for Europe Regulation No 22 Uniform Provisions Concerning the Approval of Protective Helmets and their Visors for Drivers and Passengers of Motor Cycles and Mopeds Revision 4 of 24 September 2002 (UNECE22.05) and any further amendments to UNECE22.05 approved and published by the United Nations Economic Commission for Europe, or any later version of UNECE22.05.

[2]
Rule 270 (3), Note 1

Omit the note.

[3]
Rule 270 (4)

Insert after rule 270 (3):

(4)

For the purposes of paragraphs (a)-(c) of the definition of approved motor bike helmet in subrule (3), the identifying mark in the case of a motor bike helmet manufactured after 31 March 2011 must be the identifying mark of a body accredited or approved by the Joint Accreditation System of Australia and New Zealand.

Published LW 11 December 2015 (2015 No 752)