(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 (the
"UN standard" ), 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.
(4) For the purposes of paragraphs (a)-(c) of the definition of
"approved motor bike helmet" in subrule (3), the identifying mark in the case of a motor bike helmet manufactured after 31 March 2011 must be the identifying mark of a body accredited or approved by the Joint Accreditation System of Australia and New Zealand.