New South Wales Consolidated Regulations

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ROAD RULES 2014 - REG 270

Wearing 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).
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 protective helmet for motor bike riders of a type that complies with any one or more of the following standards and has an identifying mark certifying compliance with that standard:
(a) Australian/New Zealand Standard AS/NZS 1698:2006, Protective helmets for vehicle users (
"AS/NZS 1698" ),
(b) in the case of a helmet manufactured in Australia--the version of AS/NZS 1698 or Australian Standard AS 1698--1988, Protective helmets for vehicle users (
"AS 1698--1988" ) that was in force at the time the helmet was manufactured, or any later version of AS/NZS 1698 or AS 1698--1988 ,
(c) in the case of a helmet imported into Australia--the version of AS/NZS 1698 or AS 1698--1988 that was in force at the time the helmet was imported, or any later version of AS/NZS 1698 or AS 1698--1988 ,
(d) United Nations Economic Commission for Europe Regulation No 22Uniform Provisions Concerning the Approval of Protective Helmets and their Visors for Drivers and Passengers of Motor Cycles and Mopeds Revision 4 of 24 September 2002 (
"UNECE22.05" ) and any further amendments to UNECE22.05 approved and published by the United Nations Economic Commission for Europe, or any later version of UNECE22.05 .
Note : This definition is not uniform with the definition in rule 270 (3) of the Australian Road Rules . However, the definition in the Australian Road Rules allows another law of this jurisdiction to make provision for the approval of protective helmets for motor bikes. Different definitions may apply in other Australian jurisdictions.

"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.



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