21Motor cycles—hire vehicles

21 Motor cycles—hire vehicles

21 Motor cycles—hire vehicles

(1) A motor cycle used as a hire vehicle must comply with a vehicle category definition, contained in a national road vehicle standard under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12, for any of the following—

(a) motor cycles (LC vehicles),

(b) motor cycles and side cars (LD vehicles),

(c) motor tricycles (LE vehicles).

(2) A motor cycle used to provide a passenger service must be fitted with wheel guards (including mudguards) that meet the requirements in Australian Design Rule 42/04—General Safety Requirements made under that Act.

(3) A motor cycle used to provide a passenger service on any part of an unsealed road must be an LD vehicle or an LE vehicle.

(4) A motor cycle that is an LC vehicle used to provide a passenger service must comply with the following—

(a) not have a two-stroke engine,

(b) not have an engine capacity of less than 500 cc.

(5) The following equipment must be available, in an undamaged condition and a range of sizes, for use by prospective passengers of a motor cycle used to provide a passenger service—

(a) motor cycle helmet that complies with rule 270(3) of the Road Rules 2014,

(b) riding gloves,

(c) protective jacket,

(d) boots or gaiters.

(6) The driver of a motor cycle that is being used to provide a passenger service must be competent in the operation of the motor cycle while carrying a passenger.

(7) Subclauses (1), (2) and (4) are specified as a safety standard for the owner of the motor cycle.

(8) The provider of a booking service is a responsible person for the safety standards specified in subclauses (1)–(6) if the motor cycle is used to provide a related booked service.

cl 21: Am 2021 No 22, Sch 5.8.