271Riding on motor bikes

#### 271 Riding on motor bikes 271 Riding on motor bikes > > (1) Unless subrule (1A) applies, the rider of a motor bike that is moving, other than a motor bike that is being pushed by a rider who is walking beside it, or the rider of a motor bike that is stationary but not parked, must— > > > > > (a) sit astride the rider’s seat facing forwards, and > > > > > (b) if the motor bike is moving— > > > > > > > (i) keep at least 1 hand on the handlebars, and > > > > > > > (ii) keep both feet on the footrests or footboard designed for the rider’s use. > > > > Maximum penalty—20 penalty units. > > > > Note— > > > > Motor bike and park are defined in the Dictionary. > > > (1A) The rider of a motor bike that is moving may— > > > > > (a) stand on the motor bike’s footrests or footboard designed for the rider’s use if— > > > > > > > (i) the rider has both feet on the footrests or footboard, and > > > > > > > (ii) in the circumstances, it is safe for the rider to do so, or > > > > > (b) remove a foot from the footrest or footboard designed for the rider’s use if— > > > > > > > (i) the rider is sitting on the rider’s seat, and > > > > > > > (ii) at least 1 foot is on a footrest or footboard, and > > > > > > > (iii) in the circumstances, it is safe for the rider to do so, or > > > > > (c) remove both feet from the footrests or footboard designed for the rider’s use if the motor bike is moving at less than 10 kilometres per hour and— > > > > > > > (i) the rider is manoeuvring the motor bike in order to park the motor bike, or > > > > > > > (ii) the motor bike is decelerating to come to a stop, or > > > > > > > (iii) the motor bike is accelerating from being stopped. > > > > Note— > > > > Motor bike is defined in the Dictionary. > > > (2) A passenger on a motor bike (except a passenger in a sidecar or on a seat designed for a passenger, other than a pillion seat) that is moving, or is stationary but not parked, must— > > > > > (a) sit astride the pillion seat facing forwards, and > > > > > (b) keep both feet on the footrests designed for use by a pillion passenger on the motor bike. > > > > Maximum penalty—20 penalty units. > > > (3) The rider of a motor bike must not ride with a passenger (except a passenger in a sidecar or other seat designed for a passenger) unless the passenger complies with subrule (2). > > > > Maximum penalty—20 penalty units. > > > (4) The rider of a motor bike must not ride with more than 1 passenger (excluding any passenger in a sidecar or other seat designed for a passenger, other than a pillion seat). > > > > Maximum penalty—20 penalty units. > > > (5) The rider of a motor bike must not ride with more passengers in a sidecar, or on a seat designed for a passenger, than the sidecar, or seat, is designed to carry. > > > > Maximum penalty—20 penalty units. > > > (5A) The rider of a motor bike must not ride with a passenger who is under 8 years old unless the passenger is in a sidecar. > > > > Maximum penalty—20 penalty units. > > > (5B) A passenger must not ride in a sidecar of a motor bike unless the passenger is seated safely. > > > > Maximum penalty—20 penalty units. > > > (5C) The rider of a motor bike must not ride with a passenger in a sidecar unless the passenger complies with subrule (5B). > > > > Maximum penalty—20 penalty units. > > > (6) Subrules (2) and (3) do not apply to a passenger or rider of a motor bike if Transport for NSW has, for the purpose of allowing sporting or similar events to be filmed, by order in writing exempted the passenger from compliance with those subrules to the extent that they require the passenger to face forward while being carried on the motor bike. > > > > Note 2. > > > > Subrule (6) is not uniform with the corresponding subrule in rule 271 of the Australian Road Rules. However, the corresponding subrule in the Australian Road Rules allows another law of this jurisdiction to exempt persons from provisions of this rule. Different rules may apply in other Australian jurisdictions. > > **rule 271:** Am 2016 (412), Sch 1 \[20\]; 2020 (476), Sch 1\[42\]–\[44\]; 2020 No 30, Sch 4.84\[2\]; 2022 (692), Sch 1\[33\] \[34\].