270Wearing motor bike helmets

#### 270 Wearing motor bike helmets 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 subrule (2). > > > > Maximum penalty—20 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. > > > (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. > > > > Maximum penalty—20 penalty units. > > > (3) In this rule— > > > > approved motor bike helmet means a helmet— > > > > > (a) made in compliance with— > > > > > > > (i) AS 1698, or > > > > > > > (ii) AS/NZS 1698, or > > > > > > > (iii) the United Nations Economic Commission for Europe standard 22.05 (UNECE 22.05), or > > > > > > > (iv) the United Nations Economic Commission for Europe standard 22.06 (UNECE 22.06), and > > > > > (b) that has an identifying mark certifying compliance with a standard mentioned in paragraph (a), and > > > > > (c) that is in good repair and proper working order and condition. > > > > > > Examples of a helmet that is in good repair and proper working order and condition. > > > > passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar. > > > (4) (Repealed) > > **rule 270:** Am 2015 (752), Sch 1 \[1\]–\[3\]; 2016 (412), Sch 1 \[19\]; 2020 (476), Sch 1\[41\]; 2021 (620), Sch 1\[4\] \[5\]; 2022 (692), Sch 1\[32\].