Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 270

270 Wearing motorbike helmets

(1) A person riding a motorbike or quad bike or driving a utility off-road vehicle that is moving, or is stationary but not parked—

(a) must wear an approved motorbike helmet securely fitted and fastened on the person’s head; and

(b) must not ride or drive with a passenger unless the passenger complies with subsection (2) .

Penalty—

Maximum penalty—20 penalty units.

(1A) However, subsection (1) does not apply to a person riding a motorbike or quad bike that is moving, or is stationary but not parked, if—

(a) the bike’s engine is not on; and

(b) the person is pushing the bike; and

(c) it is safe for the person not to wear the helmet.

(2) A passenger on a motorbike or quad bike or in or on a utility off-road vehicle that is moving, or is stationary but not parked, must wear an approved motorbike helmet securely fitted and fastened on the passenger’s head.

Penalty—

Maximum penalty—20 penalty units.

(2A) Subsections (1) and (2) do not apply to a driver of, or a passenger in or on, a utility off-road vehicle if—

(a) the vehicle is required, under the conditional registration guideline, to comply with the conditions mentioned in ‘code LO3’ under the guideline; and

(b) the vehicle is fitted with seatbelts and a roll over protection system that were fitted to the vehicle at the time of the vehicle’s manufacture.

(3) In this section—

"conditional registration guideline" see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , schedule 8 .

"passenger" , of a motorbike, includes a person on a passenger seat of the motorbike, including the pillion seat, or in a sidecar.

Note—

In relation to a passenger on a quad bike or in or on a utility off-road vehicle, see the Act , schedule 4 , definition passenger .