270Wearing motorbike helmet

270 Wearing motorbike helmet (1) The rider of a motorbike that is moving, or is stationary but not parked, must— (a) wear an approved motorbike helmet securely fitted and fastened on the rider’s head; and

(b) not ride with a passenger unless the passenger complies with subsection (2). (1A) However, the rider of a motorbike that is moving, or is stationary but not parked, is exempt from wearing an approved motorbike helmet if— (a) the motorbike’s engine is not on; and (b) the rider is pushing the motorbike; and (c) in the circumstances, it is safe for the rider not to wear the helmet. (2) A passenger on a motorbike that is moving, or is stationary but not parked, must wear an approved motorbike helmet securely fitted and fastened on the passenger’s head. approved motorbike helmet means a helmet— (a) made in compliance with a relevant standard for the helmet; and (b) that has an identifying mark certifying compliance with the standard; and (c) that is in good repair and proper working order and condition. Examples—par (c) 1 a helmet that is scratched or marked but the scratch or mark has not— • penetrated the helmet’s outer shell; or • damaged the helmet’s retention system; or • damaged the helmet’s inner lining 2 a helmet that is damaged to a degree that might reasonably be expected from the normal use of the helmet

disapplied provision, of a standard, means a provision (if any) of the standard— (a) relating to external projections, but only to allow attachment of communication and recording equipment using frangible mountings; or (b) relating to flip down internal visors, but only for helmets with an external visor that meets the standard; or (c) requiring the user of a helmet to carry a brochure or label detailing use and care instructions for the helmet. passenger, of a motorbike, includes a person on a passenger seat of the motorbike (including the pillion seat), or in a sidecar. relevant standard, for a helmet, means— (a) if the helmet is manufactured in Australia—either of the following, whether in force at the time the helmet is manufactured or at any later time: (i) AS 1698-1988; (ii) AS/NZS 1698; or (b) if the helmet is imported into Australia—either of the following, whether in force at the time the helmet is imported or at any later time: (i) AS 1698-1988; (ii) AS/NZS 1698; or (c) in any case—the United Nations Economic Commission for Europe standard 22.05 (or any later version of standard 22), whether in force at the time the helmet is manufactured or at any later time; but does not include a disapplied provision of a standard mentioned in paragraph (a), (b) or (c).

(4) The Legislation Act, section 47 (5) and (6) do not apply to a relevant standard. Note A relevant standard does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).