OzHelmets West Australian Regulations

Western Australia Motorcycle Helmet Rules and Regulations

2015 to 2019
2000 to 2014
1975 to 1999
1971 to 1974

The rules are current as of January 2020

The principal Act is the Road Traffic Act 1974, regulations are set in the subsidiary Road Traffic Code 2000 Act.

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

Rule 244 was last amended in Gazette 204 - 23 Dec 2014 p. 4928)

The changes were only a change from Director General to CEO.

Road Traffic Code 2000

Part 16 - Persons travelling on or in a vehicle

Division 5 — Other duties

244. - Drivers and pillion passengers upon motor cycles to wear protective helmets

(1)

In this regulation --

protective helmet means a helmet that is, or is of a standard or type that is, approved by the CEO, for the purposes of this regulation, by notice in the Gazette.

(2)

A person shall not drive a motor cycle unless --

(a) that person is wearing securely on his or her head a protective helmet; and

(b) where any other person is riding or being carried on the motor cycle, that other person is wearing a protective helmet securely on his or her head.

Points: 3 - Modified penalty: 11 PU

(3)

Where any other person is riding or being carried on the motor cycle, that other person shall wear a protective helmet securely on his or her head.

Points: 3 - Modified penalty: 11 PU

(4)

The provisions of subregulations (2) and (3) do not apply so as to require the wearing of a protective helmet by a person who has, for reasons relating to the person's medical condition or for any other reason which the CEO considers sufficient, been exempted in writing by the CEO, on or before 30 November 2000, from that requirement.

(5)

The CEO may at any time, by notice in writing to the person, amend or revoke an exemption given to a person under subregulation (4).

(6)

An exemption given under this regulation --

(a)

has effect from the time it is given until the expiry date ascribed to that exemption by the CEO and set out in the written exemption; and

(b)

may be renewed for a specified period by the CEO.

The rules were current up to Sept 2014

The principal Act was the Road Traffic Act 1974, regulations were set in the subsidiary Road Traffic Code 2000 Act.

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

Helmet Rule 244 had not changed since the commencement of the Road Traffic Code 2000 Act.

Road Traffic Code 2000

Part 16 - Persons travelling on or in a vehicle

Division 5 — Other duties

244. - Drivers and pillion passengers upon motor cycles to wear protective helmets

(1)

In this regulation --

protective helmet means a helmet that is, or is of a standard or type that is, approved by the Director General, for the purposes of this regulation, by notice in the Gazette.

(2)

A person shall not drive a motor cycle unless --

(a) that person is wearing securely on his or her head a protective helmet; and

(b) where any other person is riding or being carried on the motor cycle, that other person is wearing a protective helmet securely on his or her head.

Points: 3 - Modified penalty: 2 PU - (Amended to 11 PU in Gazette 9 Sep 2014 p. 3247)

(3)

Where any other person is riding or being carried on the motor cycle, that other person shall wear a protective helmet securely on his or her head.

Points: 3 - Modified penalty: 2 PU - (Amended to 11 PU in Gazette 9 Sep 2014 p. 3247)

(4)

The provisions of subregulations (2) and (3) do not apply so as to require the wearing of a protective helmet by a person who has, for reasons relating to the person's medical condition or for any other reason which the Director General considers sufficient, been exempted in writing by the Director General, on or before 30 November 2000, from that requirement.

(5)

The Director General may at any time, by notice in writing to the person, amend or revoke an exemption given to a person under subregulation (4).

(6)

An exemption given under this regulation --

(a)

has effect from the time it is given until the expiry date ascribed to that exemption by the Director General and set out in the written exemption; and

(b)

may be renewed for a specified period by the Director General.

Applied with amendments from 1975 to 1999

The principal Act was the Road Traffic Act 1974, regulations were set in the subsidiary Road Traffic Code 1975 Act.

Road Traffic Code 1975

Part XVI — Miscellaneous

1607.Drivers and pillion passengers upon motor cycles to wear protective helmets

(1)

A person shall not drive a motor cycle unless -

(a)

he is wearing securely on his head a protective helmet of a type and standard prescribed in subregulation (2) of this regulation; and

(b)

where any other person of or over the age of 6 years is riding or being carried on the motor cycle, that other person is wearing securely on his head a protective helmet of a type and standard prescribed in subregulation (2) of this regulation.

(2)

For the purposes of subregulation (1) of this regulation a protective helmet shall -

(a)

be of a type and standard specified in Australian Standard E33‑1968 (Protective Helmets for Motor Cyclists) published and reprinted in 1968 by the Standards Association of Australia as amended by Amendment No. 1 so published by the Standards Association of Australia in November, 1968;

(b)

be of a type and standard specified in Australian Standard E43‑1968 (Protective Helmets for Racing Motor Cyclists) published in 1968 by the Standards Association of Australia as amended by Amendment No. 1 so published by the Standards Association of Australia in November, 1968; or

(c)

be of a type and standard specified in AS1698‑1974 Australian Standard Specification for Protective Helmets for Vehicle Users published in 1974 by the Standards Association of Australia; and

(d)

where fitted with an eye shield, the eye shield shall comply with Australian Standard 1609‑1974 (Automotive Eye Protection). (Clause (d) added by notification in Gazette GG035-p1547 19 May 1978)

(3)

[deleted] (Deleted by notification in Gazette GG006-p231 30 January 1976)

(4)

The provisions of subregulation (1) of this regulation do not apply so as to require the wearing of a protective helmet by a person who has for reasons relating to his medical condition or for any other reason which the Director General considers sufficient; been exempted in writing by the Director General from that requirement.

(5)

The Director General may at any time, by notice in writing to the person, amend or revoke an exemption given to a person under subregulation (4).
(Clause (5) added by notification in Gazette GG0202-p7147 24 December 1996)

Applied from 1971 to 1974

The principal Act was the Road Traffic Act 1919, regulations were set in the the Act. Additional regulations were able to be set by proclamation in the Government Gazette.

Road Traffic Act 1919

PART IV. - REGULATION OF TRAFFIC.

Division (1) - Motor and Other Vehicles.

27A.

(1)

A person shall not drive a motor cycle unless --

(a)

he is wearing securely on his head a protective helmet of the prescribed type and standard; and

(b)

where any other person is riding or being carried on the motor cycle, that other person is wearing securely on his head a protective helmet of the prescribed type and standard.

(2)

In this section, "motor cycle" means any motor vehicle that has two wheels, or, where a side-car is attached thereto, has three wheels.

(3)

The provisions of subsection (1) of this section do not apply so as to require the wearing of a protective helmet by a person who has, for reasons relating to his medical condition, been exempted in writing by the Commissioner from that requirement.

Drivers and pillion passengers upon motor cycles to wear protective helmets.
Added by No. 60 of 1970, s. 5. - See Gazette gg027 April 1971

Note - No penalty was specified

Approval of UNECE 22.05 helmets gazetted 1/4/16, see 2016 Gazette below

Helmet Gazettes

1971 1975 1976 1977 1978-1 1978-2 1984 1985 1986 1996 1997 2007 2016

Other Information

WA Penalties Gazette List Exemptions UNECE Info Visor Info AS1067 Info

Legislation Road Traffic Act Road Traffic Code WA Gazettes Rider Handbooks Motorcycle Safety