Tasmania Motorcycle Helmet Rules and Regulations

The rules are current as of August 2017
 

The principal Act is the Vehicle and Traffic Act 1999. It replaced the Road Traffic Act 1925.

The subsidiary Act with the Road Rules is the Traffic (Road Rules) Regulations 2009.

Helmet Regulation definitions are in SCHEDULE 6 - JURISDICTIONAL QUALIFICATIONS Part 3.

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

 
Road Rules 2009 (S.R. 2009, No. 142)
 
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).

Penalty: Fine not exceeding 5 penalty units.
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 - Insert Rule 1A Notified in Gazette 21 264 on 27 July 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.

Penalty: Fine not exceeding 5 penalty units.

(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.

PART 23 - Local Exemptions
Division 1 - Exemption permits and certificates
(1)

The Transport Commission, having regard to such considerations as it thinks fit, may issue a person with -

 

(a) an exemption permit authorising the person to drive or park a vehicle otherwise than in accordance with a parking control sign; or

(b) an exemption certificate exempting the person from having to comply with a provision of the Road Rules.

SCHEDULE 6 - Jurisdictional qualifications
PART 3 - Jurisdictional qualifications - approvals
4. Rule 270: Approved motor bike helmet

For rule 270, a motor bike helmet is approved for the Road Rules if it complies with at least one of the following standards, has an identifying mark certifying compliance with that standard and has no visible defect:

 

(a) Australian Standard AS/NZS 1698;

(b) 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 that Commission, or any later version of UNECE22.05.

Note: Australian Standard is defined in the dictionary.

 

The principal Act is the Vehicle and Traffic Act 1999. It replaced the Road Traffic Act 1925.

The subsidiary Act with the Road Rules is the Traffic (Road Rules) Regulations 2009.

Helmet Regulation definitions are in SCHEDULE 6 - JURISDICTIONAL QUALIFICATIONS Part 3.

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

 
Road Rules 2009 (S.R. 2009, No. 142)
 
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).

Penalty: Fine not exceeding 5 penalty units.
Note: Motor bike and park are defined in the dictionary.

(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.

Penalty: Fine not exceeding 5 penalty units.

(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.

PART 23 - Local Exemptions
Division 1 - Exemption permits and certificates
(1)

The Transport Commission, having regard to such considerations as it thinks fit, may issue a person with –

 

(a) an exemption permit authorising the person to drive or park a vehicle otherwise than in accordance with a parking control sign; or

 

(b) an exemption certificate otherwise exempting the person from having to comply with a provision of the Road Rules.

SCHEDULE 6 - Jurisdictional qualifications
PART 3 - Jurisdictional qualifications - approvals
4. Rule 270: Approved motor bike helmet

For rule 270, a motor bike helmet is approved for the Road Rules if it complies with Australian Standard AS/NZS 1698, is marked in accordance with that Standard and has no visible defect.

Note: Australian Standard is defined in the dictionary.

 
 

The principal Act is the Vehicle and Traffic Act 1999. It replaced the Road Traffic Act 1925.

The subsidiary Act with the Road Rules is the Traffic (Road Rules) Regulations 2009.

Helmet Regulation definitions are in SCHEDULE 6 - JURISDICTIONAL QUALIFICATIONS Part 3.

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

 
Road Rules 2009 (S.R. 2009, No. 142)
 
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).

Penalty: Fine not exceeding 5 penalty units.
Note: Motor bike and park are defined in the dictionary.

(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.

Penalty: Fine not exceeding 5 penalty units.

(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.

PART 23 - Local Exemptions
Division 1 - Exemption permits and certificates
(1)

The Transport Commission, having regard to such considerations as it thinks fit, may issue a person with –

 

(a) an exemption permit authorising the person to drive or park a vehicle otherwise than in accordance with a parking control sign; or

 

(b) an exemption certificate otherwise exempting the person from having to comply with a provision of the Road Rules.

SCHEDULE 6 - Jurisdictional qualifications
PART 3 - Jurisdictional qualifications – approvals
4. Rule 270: Approved motor bike helmet

For rule 270, a motor bike helmet is approved for the Road Rules if it complies with Australian Standard AS/NZS 1698, bears the Australian Standards Mark and has no visible defect.

Note: Australian Standard is defined in the dictionary.

 
 

The principal Act was the Vehicle and Traffic Act 1999. It replaced the Road Traffic Act 1925.

The subsidiary Act with the Road Rules was the Traffic (Road Rules) Regulations 1999 (S.R. 1999, No. 131).

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

 
Traffic (Road Rules) Regulations 1999 (S.R. 1999, No. 131)
 
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).
 
Penalty: Fine not exceeding 5 penalty units.
Note: Motor bike and park are defined in the dictionary.

(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.

 
Penalty: Fine not exceeding 5 penalty units.

(3)

In this rule --

 
approved motor bike helmet means a protective helmet for motor bike riders that is approved, for the Road Rules, under another law of this jurisdiction;
 
passenger, of a motor bike, includes a person on the pillion seat of the motor bike, or in a sidecar.
PART 23 - Local Exemptions
Division 1 - Exemption permits and certificates
(1)

The Transport Commission, having regard to such considerations as it thinks fit, may issue a person with –

 

(a) an exemption permit authorising the person to drive or park a vehicle otherwise than in accordance with a parking control sign; or

 

(b) an exemption certificate otherwise exempting the person from having to comply with a provision of the Road Rules.

SCHEDULE 6 - Jurisdictional qualifications
PART 3 - Jurisdictional qualifications – approvals
3. Rule 270: Approved motor bike helmet

For rule 270, a motor bike helmet is approved for the Road Rules if it --

(a)
complies with Australian Standard AS 1698-1988 and bears the Australian Standards Mark; or
(b)
is of a type approved by the Commissioner of Police.
Note
Australian Standard is defined in the dictionary.
 
 

The principal Act was the Road Traffic Act 1925. Rules were written directly into the Act

Amended regulations were formulated and gazetted periodically.

 
Traffic Act 1925 (No. 38 of 1925)
 
PART IV - TRAFFIC
43A. Drivers of, and passengers on, motor cycles to wear protective helmets
(1)

On and after the appointed day, a motor cycle shall not be driven on a public street unless the driver of the motor cycle, and, where any other person is riding or being carried on the pillion seat thereof, that person, are each wearing securely on the head a protective helmet of a type approved by the Commissioner of Police.

(1a)

Subsection (1) does not apply to a person who is exempted from wearing a protective helmet by virtue of a permit issued under subsection (1B).

(1B)

Where the registering authority is satisfied --

(a)
on the production of a certificate from a legally-qualified medical practitioner that it is impracticable or undesirable for a person to wear a protective helmet; or
(b)
that the wearing of a protective helmet is contrary to a person's religious belief --
 

it may issue a permit exempting that person from wearing a protective helmet.

(1C)

A permit issued under subsection (1B)(a) shall specify the period for which the permit shall remain in force.

(1D)

The registering authority may revoke a permit issued under subsection (1B) if it is satisfied that the grounds on which it was granted no longer exist.

(2)

If in respect of the driving of a motor cycle on a public street there is any contravention of or failure to comply with the provisions of subsection (1), the driver of the motor cycle is guilty of an offence against this Act.

(3)

In this section --

 

appointed day means such day as is declared by the Minister, by order, to be the appointed day for the purposes of this section;

 

pillion seat means a seat designed to carry a passenger on a motor cycle, being a seat attached to the motor cycle behind the driver's seat.


Helmet Gazettes