Victorian Consolidated Regulations Victorian Consolidated Regulations(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).
Penalty: 10 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.
Penalty: 10 penalty units.
(3) In this rule—
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
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.