South Australia Motorcycle Helmet Rules and Regulations

The rules are current as of Aug 2017
 

The principal Act is the Road Traffic Act 1961 and the regulations are set in the subsidiary, Road Traffic (Road Rules Ancillary and Miscellaneous Provisions) Regulations 2014 and Road Traffic (Miscellaneous) Regulations Act 2014.

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

 
Road Traffic Act 1961
Division 5 - Further safety provisions
162B - Safety helmets for riders of motor bikes and bicycles
 

The Governor may, by regulation--

(a) prescribe specifications as to the design, material, strength and construction of safety helmets for use by persons riding or being carried on motor bikes or bicycles; and

(b) prescribe any other matters or specifications relating to safety helmets for such use.

Road Traffic (Road Rules Ancillary and Miscellaneous Provisions) Regulations 2014
38 - Approved motor bike helmets
 

For the purposes of rule 270 (Wearing motor bike helmets), helmets are approved motor bike helmets if approved for motor bike riders under the Road Traffic (Miscellaneous) Regulations 2014.

Road Traffic (Miscellaneous) Regulations 2014
3 - Interpretation
 

prescribed certification mark means the certification mark of -
(a) Standards Australia; or
(b) a body accredited under the system established by Australia and New Zealand known as the Joint
       Accreditation System of Australia and New Zealand;

South Australia - Australian Road Rules
Part 16 - Rules for persons travelling in or on vehicles
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 sub rule (2).

Offence provision.

Note Motor bike and park are defined in the dictionary.

(1A)

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

(2)

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.

(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 rules applied up to September 2014
 

The principal Act was the Road Traffic Act 1961 and the regulations were set in the subsidiary Road Traffic (Miscellaneous) Regulations Act 1999.

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

 
Road Traffic Act 1961
Division 5 - Further safety provisions
162B - Safety helmets for riders of motor bikes and bicycles

The Governor may, by regulation--

(a) prescribe specifications as to the design, material, strength and construction of safety helmets for use by persons riding or being carried on motor bikes or bicycles; and

(b) prescribe any other matters or specifications relating to safety helmets for such use.

 
Road Traffic (Road Rules Ancillary and Miscellaneous Provisions) Regulations 1999
29 - Approved motor bike helmets
 

For the purposes of rule 270 (Wearing motor bike helmets), helmets are approved motor bike helmets if approved for motor bike riders under the Road Traffic (Miscellaneous) Regulations 2014.

 
South Australia - Australian Road Rules
Part 16 - Rules for persons travelling in or on vehicles
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 sub rule (2).

(2)

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.

(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 lists of approved helmets are in the Road Traffic (Miscellaneous) Regulations Act
The details for each year are in the Gazetted regulations below.

 
The rules applied with variations from 1991 to 1999
 

The principal Act was the Road Traffic Act 1961 and the regulations were set in the Act until 1999.

The standards required were gazetted periodically.

 
Road Traffic Act 1961
 
Part 1 - Preliminary
Interpretation
5.

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

"cycle" means a pedal cycle or a motor cycle:

PART IV - EQUIPMENT. SIZE AND MASS OF VEHICLES AND SAFETY PROVISIONS
162c. Safety helmets
(1)

A person must not ride, or ride on, a cycle unless the person is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.

(2)

A person must not ride a cycle on which a child under the age of 16 years is carried unless the child is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.

(2a)

A parent or other person having the custody or care of a child under the age of 16 years must not cause or permit the child to ride or be carried on a cycle unless the child is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened.

(2b)

For the purposes of this section, a person will be taken to ride on or be carried on a cycle if the person rides or is carried in a sidecar or other vehicle attached to the cycle.

(2c)

It is a defence to a charge under this section for the defendant to prove that there were in the circumstances of the case special reasons justifying non-compliance with the requirements of this section.

(3)
The Governor may, by regulation--
(a)
prescribe specifications as to the design, material, strength and construction of safety helmets for use by persons riding or being carried on cycles; and
(b)
prescribe any other matters or specifications relating to safety helmets
(4)
This section does not apply to or in relation to a person who rides, rides on or is carried on a pedal cycle where that person--
(a)
is of the Sikh religion; and
(b)
is wearing a turban.

s 162C(4) - inserted by 56/1991 s 2 - 28.11.1991

 
The rules applied with variations from 1975 to 1990
 

The principal Act was the Road Traffic Act 1961 and the regulations were set in the Act until 1999.

The standards required were gazetted periodically.

 
 
Road Traffic Act 1961
 
Part 1 - Preliminary
Interpretation
5.

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

"cycle" means a pedal cycle or a motor cycle:

 
PART IV - EQUIPMENT. SIZE AND MASS OF VEHICLES AND SAFETY PROVISIONS
162c. Safety helmets
(1)

A person shall not drive, or ride on, a motor cycle at a greater speed than 25 kilometres an hour unless he is wearing a safety helmet that complies with the regulations.

Penalty: Twenty dollars.

(2)

The provisions of subsection (1) of this section shall not apply to a person who is carried in a sidecar that is attached to a motor cycle.

(3)
The Governor may, by regulation--
(a)
prescribe specifications as to the design, material, strength and construction of safety helmets for use by persons riding or being carried on cycles; and
(b)
prescribe any other matters or specifications relating to safety helmets
 
The rules applied with variations from 1968 to 1974
 

The principal Act was the Road Traffic Act 1961 and the regulations were set in the Act until 1999.

Clause 162c requiring helmets was inserted by the amendment Act No 17 of 1967 and Assented to 13th April, 1967.

The helmet standards required were gazetted periodically.

 
 
Road Traffic Act 1961
 
Part 1 - Preliminary
Interpretation
5.

In this Act unless the context otherwise requires or some other meaning is clearly indicated --

"bicycle" means a pedal bicycle or a motor bicycle :

 
PART IV - EQUIPMENT. SIZE AND MASS OF VEHICLES AND SAFETY PROVISIONS
162c. Safety helmets
(1)

A person shall not, after the thirty-first day of December, One thousand nine hundred and sixty-seven, drive or ride on a motor bicycle, with or without a sidecar attached, at a speed exceeding fifteen miles per hour, unless that person is wearing a safety helmet of a type approved by the Board.

Penalty: Twenty dollars.

(2)

The provisions of subsection (1) of this section shall not apply to a person who is carried in a sidecar that is attached to a motor bicycle.

(3)

The Board shall, by notice published in the Gazette, specify the type or types of safety helmet approved by the Board for the purposes of subsection (1) of this section.

 

Approved helmets are in the Road Traffic (Miscellaneous) Regulations Act, see the Gazettes below.

SA gazetted approval of UNECE 22.05 helmets on 28th April 2016


Helmet Gazettes