Northern Territory Motorcycle Helmet Rules and Regulations

The rules are current as of August 2017
 

The principal legislation is the Traffic Act. The subsidiary legislation is the Traffic Regulations.

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

 
TRAFFIC REGULATIONS
 
Part 2 - Traffic Rules that apply in Territory
Division 1 - Safety of persons in vehicles
8 - Helmets for persons on motor cycles
(1)

A helmet for a person driving or riding on a motor cycle is of an approved type if it:

(a) complies with Australian Standard AS/NZS 1698:2006 "Protective Helmets for Vehicle Users"; or

(b) is of a type approved by the Registrar. (AS1698-1988 added Gazette G40 2013, UNECE G37 2015)

(2)

The Registrar may, in writing, exempt a child from the requirement to wear an approved helmet when riding in a sidecar attached to a motor cycle if the Registrar is satisfied that there is not an approved helmet suitable for use by the child.

(3)

An exemption under subregulation (2) is subject to any conditions specified in the exemption relating to:

(a) the use of a helmet of a specified type and standard; or

(b) the use of specified protective devices, including seat belts or other restraints.

(4)

A person must not drive a motor cycle with a child who is the subject of an exemption under subregulation (2) in a sidecar attached to the motor cycle unless the conditions referred to in subregulation (3) are complied with.

 
Part 6 - Australian Road Rules
Division 1 - Australian Road Rules are law in Territory
71 - Australian Road Rules
(1)

The Australian Road Rules contained in Schedule 3 to these Regulations are made as regulations under the Act and are a law of the Territory.

(2)

A reference in an Act or instrument of a legislative or administrative character to the Australian Road Rules is a reference to the Australian Road Rules contained in Schedule 3.

Schedule 3 Australian Road Rules
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 subrule (2).

(2)

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.

(3)

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.

passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.

 
 
 

The principal legislation was the Traffic Act. The subsidiary legislation was the Traffic Regulations.

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

 
TRAFFIC REGULATIONS
 
Part 2 - Traffic Rules that apply in Territory
Division 1 - Safety of persons in vehicles
8 - Helmets for persons on motor cycles
(1)

A helmet for a person driving or riding on a motor cycle is of an approved type if it:

(a) complies with Australian Standard AS1698:1988 "Protective Helmets for Vehicle Users"; or

(b) is of a type approved by the Registrar.

(2)

The Registrar may, in writing, exempt a child from the requirement to wear an approved helmet when riding in a sidecar attached to a motor cycle if the Registrar is satisfied that there is not an approved helmet suitable for use by the child.

(3)

An exemption under subregulation (2) is subject to any conditions specified in the exemption relating to:

(a) the use of a helmet of a specified type and standard; or

(b) the use of specified protective devices, including seat belts or other restraints.

(4)

A person must not drive a motor cycle with a child who is the subject of an exemption under subregulation (2) in a sidecar attached to the motor cycle unless the conditions referred to in subregulation (3) are complied with.

 
Part 6 - Australian Road Rules
Division 1 - Australian Road Rules are law in Territory
71 - Australian Road Rules
(1)

The Australian Road Rules contained in Schedule 3 to these Regulations are made as regulations under the Act and are a law of the Territory.

(2)

A reference in an Act or instrument of a legislative or administrative character to the Australian Road Rules is a reference to the Australian Road Rules contained in Schedule 3.

 

The principal legislation was the Traffic Act. The subsidiary legislation was the Traffic Regulations.

TRAFFIC REGULATIONS
PART XVI - SAFETY OF PERSONS IN OR ON MOTOR VEHICLES
97. INTERPRETATION

(1) In this Part, unless the contrary intention appears--

 
"approved helmet" means a helmet which complies with --
(a)
Australian Standard 1698 "Protective Helmets for Vehicle Users"; or
(b)
such other standard or code approved by the Registrar for the purposes of this regulation;
107. HELMETS FOR MOTOR CYCLISTS

(1) Subject to this regulation, a person shall not drive a motor cycle or travel on a motor cycle or in a side-car attached to a motorcycle anywhere within the Territory --

(a)
unless the person is wearing a helmet; or
(b)
if the helmet the person is wearing --
(i)
is not securely fastened to the person's head;
(ii)
is not of an approved type; or
(iii)
has deteriorated to such an extent that the protection from injury afforded by the helmet is, within the meaning of regulation 108, substantially impaired.

(2) A person shall not drive a motor cycle while wearing a helmet to which is attached an eye protector unless the eye protector is of a type which --

(a)
complies with Australian Standard 1609 "Eye Protectors for Motor Cyclists and Racing Car Drivers"; or
(b)
is approved by the Registrar.

(3) A child or young person is exempted from the application of subregulation (1) in respect of the wearing of a helmet specified in that subregulation whilst travelling in a side-car attached to a motor cycle where the Registrar is satisfied that there is no suitable approved helmet available for use by the child or young person and the Registrar has, by instrument in writing, exempted the child or young person.

(4) A child or young person exempted, under subregulation (3), from the application of subregulation (1) shall, while travelling in a side-car attached to a motor cycle, comply with the directions, if any, of the Registrar, which directions may relate to --

(a)
the wearing of a helmet of a type and standard; or
(b)
the wearing or use of protective devices, including seat belts or other restraints,

approved by the Registrar.

(5) A person is exempted from the application of subregulation (1) in respect of the wearing of a helmet while driving or travelling on a motor cycle or in a side-car attached to a motor cycle where the person is or is a member of a class of persons exempted, by instrument in writing, by the Registrar when taking part in --

(a)
a procession; or
(b)
a procession which is of a class of processions, specified in the instrument.

(6) For the purposes of subregulation (5), "procession" includes a funeral cortege.

108. INSPECTION OF HELMET
109. FORFEITURE OF HELMET

Section 108 and 109 are too large to put on the page. They are in this Overlay and are worth reading.

 
 

The Northern Territory was given self governance in 1978 and did not have an elected legislative assembly until 1978. The road rules until that time were regulations under Ordinances. These helmet rules are the earliest rules found.

The Regulations under the Traffic Ordinance.
44A.
 
(1.)
For the purposes of section 31 of the Traffic Ordinance--
(a)
a protective helmet that is sold under a brand or trade name specified in the First Schedule; or
(b)
a protective helmet in respect of which the Registrar is satisfied that it is of a type that complies with the standards of a publication known by the title specified in the Second Schedule,

is a protective helmet of a prescribed type for wear by drivers of motor cycles and pillion riders.

(2.)
The Registrar shall cause to be kept at his offiee and at the office of each Deputy Registrar a copy of each publication referred to in paragraph (b) of sub-regulation (1.).
(3.)
The Registrar or a Deputy Registrar, as the case may bc, shall make. at the request of a person, the copy of any such publication available for inspection by ,that person at a reasonable time during hours in which the office is open for business.
(4.)
Where a publication specified in the Second Schedule has been amended by an amendment specified in that Schedule in relation to that publication, a reference in this regulation to that publication shall be read as a reference to that publication as so amended.
FIRST SCHEDULE
PRESCRIBED TYPES OF PROTECTIVE HELMET'S
PART A

Brand or Trade Names of Protective Helmets known as Standard Helmets

A.G.V. Protector, I.S.S. Autoguard, Shoei Deluxe S.B.F.1., Shoei Standard, Stadium, Everoak

PART B

Brand or Trade Names of Protective "helmets known as Jet Helmets or Semi-Jet Helmets

A.G.V. Protector X67GT, A.G.V. Valenza X69G.T., Cromwell, Everoak Race Master, HR, Honda, Kunoh, Romer, Vero, Grant, Bell, Grandurisimo, El Dorado, Racing Mate, HA, Arai, shoei, Yamaha

SECOND SCHEDULE

Standards for Protective Helmets

Australian Standard E33-1968-Protective Helmets for Motor Cyclists, as amended by amendment No 11 of November 1968.

Australian Standard E43-1968-Protective Helmets for Racing Motor Cyclists

British Standard 2001:1956-Protective Helmets for Motor Cyclists, as amended by amendments PD2684, PD3550, PD4487, PD5253 and PD6363 issued in January 1957, November 1959, February 1962, June 1964 and March 1968 respectively

British Standard 1869:1960-Specification for Protective Helmets for Racing Motor Cyc1ists as amended by amendments P4937, PD5682 and PD6364 issued in May 1963, December 1965 and March 1968, respectively

British Standard 2495:1965-Specification for Protective Helmets and Peaks for Racing Car Drivers, as amended by amendments, 1 to 4 (PD4938, PD5475, PD5684 and PD5896) published on 29 May 1963, 22 February 1965, 7 December 1965 and 22 July 1966, respectively

New Zealand Standard 1215:1969-Specification for Protective Helmets for Motor Cyclists, as amended by amendment No. I of July 1971

American Standard Z90. I966-Specifications for Protective Headgear for Vehicular Users

Snell Memorial Foundation Standard for Protective Headgear 1970

 
 

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