Helmet Laws

  • Aussie Dave
    Aussie Dave
    12 years ago

    I bought my bike second hand, and helmets came with it but the stickers where removed.

    I have been trying to fine out what the real law is about the Standards Association of Australia marks as the labels are still inside the helmet.

    Well i read this first but it doesn't refer to the sticker:

    www.transport.sa.gov.au/pdfs/safety/mcsafety2.pdf

     

    then i read this, which is a knockout lol:

    www.roadrider.com.au/special-features/state-of-helmets

     

    Quote:

    It gets better. Ride south.
    ACT, Victoria, Tasmania, South Australia and Western Australia
    A helmet that is legal to use under the new NSW Road Rules is illegal to use in the ACT, Victoria, Tasmania, South Australia and Western Australia.

    In these states, the police are instructed to look for a helmet in use on roads that:
    ACT
        “has applied to it the certification trade mark of which the Standards Association of Australia”
    Victoria
        “[is] marked with an official standards mark certifying compliance with the relevant Standard”
    Tasmania   “bears the Australian Standards Mark”
    South Australia   “[is] bearing the certification mark of the Standards Association of Australia”

    Western Australia   “carries a sticker issued by Standards Australia”

    There is no such a thing as a “Certification Trademark of the Standards Association of Australia”, nor “an official Standards Mark”, nor “an Australian Standards Mark”, nor “a Certification Mark of the Standards Association of Australia”, nor “a sticker issued by Standards Australia”.

    Police are looking for something that doesn’t exist.

    Standards Australia was broken up by the Commonwealth Government and the “Quality Assurance Services” (QAS) commercial Certification service sold off to private buyers in December 2003. Since that time, there have been no stickers, Marks, or labels of any kind issued by Standards Australia for use on any products. There are commercial stickers that look like the old Standards Mark and some commercial trademarks are even called that, but that’s just part of the confusion.

    For motorcycle riders in the ACT, Victoria, Tasmania, SA and WA, this means that ANY new motorcycle helmet is illegal to use under their Road Rules. The consequences at law are identical for using a high-quality, safe helmet from Europe, Japan or the USA as for using a helmet with Australian Standard qualifications.

     To riders: We suggest that you continue wearing your helmet as before and by all means buy a new one from a recognised manufacturer. Just concentrate on staying safe until this is all sorted out!

    To the police: If a rider has a helmet on, that’s enough for now. You don’t look for stickers on seatbelts, just that they’re being used. Bookings for “unapproved helmet” are likely to prove unsound in court.

     

    So going by this i should be ok as the ladel is inside the helmet?

  • PK2
    PK2
    12 years ago
    Yeah the whole things going to be a shit fight until legislation is changed which could take years.
    I reckon wear a helmet that looks legal and hope for the best........