270Wearing 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).

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.

Rule 270(3) def. of approved motor bike helmet substituted by S.R. No. 87/2018 rule 11.

approved motor bike helmet means a helmet—

(a) made in compliance with—

(i) AS 1698; or

(ii) AS/NZS 1698; or

(iii) UN 22; 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:

1 A helmet that is scratched or marked but the scratch or mark has not—

(a) penetrated the helmet's outer shell; or

(b) damaged the helmet's retention system; or

(c) 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.

passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.