Victoria
Schedule of Helmet Offences and Penalties
 

The historical penalty values have not yet been researched

Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991.

The amount of the penalty is to be calculated annually, in accordance with section 7 of the Monetary Units Act 2004 by multiplying the number of penalty units applicable by the value of a penalty unit. The cost of fines is spiralling out of control.


There are
2 offences

2085 - 270 (1) - 2 PU

2544 - 270 (2) - 2 PU

Riding motor bike without wearing helmet or with passenger not wearing helmet

Passenger on motor bike failing to wear helmet

Both offences are the same $ value but only 270(1) is a demerit point offence.

 
Year
$
Points
1960-89
 
 
90-98
$135
3
1999-03
$135
3
04-05
$205
3
05-06
$210
3
06-07
$215
3
07-08
$220
3
08-09
$227
3
09-10
$234
3
10-11
$239
3
11-12
$244
3
12-13
$290
3
13-14
$290
3
14-15
$295
3
16
 
 
17
 
 
18
 
 

Offence descriptions and meanings have become distorted over time. Originally the descriptions and details were included in the road rules or traffic acts and so the meanings were clear.

The volume of offences and the number of officials who needed access to the information increased and so the penalties and descriptions were moved to separate legislation and the practice of using "short descriptions" in the penalty legislation began.

This now means the infringement notices as issued may mean other than what they state. The offence and penalty legislation have clauses which state in effect that the short description means the same as the long description contained in the regulations.


Notes

Motorcycle helmet offences are not a category in the Australian Bureau of Statistics system unlike bicycle helmets.

Victoria like many States fail to recognise separate proscribed offences with differing levels of penalty are needed or that visor offences should be a minor defect notice rather than a fine as per car windscreen tinting.

Use of the defect system means the ACCC can be alerted to retailers selling visors not complying to standards.

1/ Failing to wear any helmet
2/ Helmet not of an approved standard
3/ Helmet modified/damaged