(1)  The rider of a motor bike, or quad 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:  Fine not exceeding 5 penalty units.

Note 1 Motor bike , park and quad bike are defined in the dictionary.

Note 2 This rule has been amended to include quad bikes and is no longer uniform with the model road rules of Australia.

(1A)  However, the rider of a motor bike, or quad bike, that is moving, or is stationary but not parked, is exempt from wearing an approved motor bike helmet if –

(a) the bike's engine is not on; and

(b) the rider is pushing the bike; and

(c) in the circumstances, it is safe for the rider not to wear the helmet.

(2)  A passenger on a motor bike, or quad 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:  Fine not exceeding 5 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; or

(iv) the United Nations Economic Commission for Europe standard 22.06; and

(b) that bears a label, or similar mark, indicating the helmet was made in 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 or 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.
3	A helmet that has a device affixed to it that –
	(a) the helmet’s manufacturer has recommended may be affixed to the helmet; and
	(b) is securely affixed to the helmet in the way intended by the helmet’s manufacturer.

passenger , of a motor bike or quad bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.