Victorian Consolidated Regulations Victorian Consolidated RegulationsRule 256(1) amended by S.R. No. 135/2021 rule 85(1).
(1) The rider of a bicycle or an electric scooter must wear an approved bicycle helmet securely fitted and fastened on the rider's head unless—
Rule 256(1)(a) amended by S.R. Nos 153/2019 rule 4(Sch. 1 item 11), 111/2021 rule 14(1).
(a) a registered medical practitioner has issued a certificate to the rider under subrule (4) and the rider complies with subrule (6); or
(b) the rider is exempt from this rule under subrule (7).
Penalty: 5 penalty units.
Note
Approved bicycle helmet is defined in the dictionary.
(2) A passenger on a bicycle that is moving, or is stationary but not parked, must wear an approved bicycle helmet securely fitted and fastened on the passenger's head, unless—
(a) the passenger is a paying passenger on a three or four-wheeled bicycle; or
Rule 256(2)(b) amended by S.R. Nos 153/2019 rule 4(Sch. 1 item 11), 111/2021 rule 14(1).
(b) a registered medical practitioner has issued a certificate to the passenger under subrule (4) and the passenger complies with subrule (6); or
(c) the passenger is exempt from this rule under subrule (7).
Penalty: 5 penalty units.
(3) The rider of a bicycle must not ride with a passenger on the bicycle unless the passenger complies with subrule (2).
Penalty: 5 penalty units.
Rule 256(4) amended by S.R. No. 153/2019 rule 4(Sch. 1 item 11), substituted by S.R. No. 111/2021 rule 14(2), amended by S.R. No. 135/2021 rule 85(2).
(4) A registered medical practitioner may issue a certificate stating that, because of a disability or medical condition, it is impracticable, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while riding on a bicycle or an electric scooter or being taken as a passenger on a bicycle.
Rule 256(5) amended by S.R. Nos 153/2019 rule 4(Sch. 1 item 11), 111/2021 rule 14(3).
(5) A registered medical practitioner may make a certificate issued under subrule (4) subject to conditions.
(6) A certificate issued under subrule (4) must be—
Rule 256(6)(a) amended by S.R. No. 135/2021 rule 85(2).
(a) carried by the person to whom it applies while the person is riding on a bicycle or an electric scooter or being taken as a passenger on a bicycle; and
(b) produced by the person to a police officer or authorised person when requested to do so.
(7) A person is exempt from wearing a bicycle helmet under subrule (1) or (2) if—
(a) the person is a member of a religious group; and
(b) the person is wearing a type of headdress customarily worn by members of that group; and
(c) the wearing of the headdress makes it impracticable for the person to wear a bicycle helmet.