Western Australian Repealed Regulations

This legislation has been repealed.

ROAD TRAFFIC CODE 1975 - REG 1307

1307 .         Bicycle helmets to be worn

        (1)         In this regulation — 

        “appointed day” means 1 July 1992;

        “bicycle” means — 

            (a)         a 2-wheeled or 3-wheeled vehicle that is designed to be propelled through a mechanism operated solely by human power; or

            (b)         a 2-wheeled or 3-wheeled vehicle that is a power assisted pedal cycle;

        “protective helmet” means a helmet that is, or is of a standard or type that is, approved by the Director General, for the purposes of this regulation, by notice in the Government Gazette .

        (2)         Except as provided in this regulation, a person shall not, on or after the appointed day, ride a bicycle on a road or a dual use path unless — 

            (a)         that person is wearing a protective helmet securely fastened on his or her head; and

            (b)         where any other person is being carried on that bicycle, that other person is wearing a protective helmet securely fastened on his or her head.

        (3)         Subregulation (2) does not apply to a person who — 

            (a)         is a member of a religious or cultural group and who is wearing a headdress customarily worn by members of that group if the wearing of that headdress makes it impractical for a person to wear a protective helmet; or

            (b)         has been exempted in writing by the Director General from wearing a protective helmet for medical reasons, and is complying with any terms and conditions of that exemption.

        (4)         The Director General may at any time, by notice in writing to the person, amend or revoke an exemption granted under subregulation (3) (b).

        (5)         Subregulation (2) does not apply to an employee of the Australian Postal Corporation who, in the course of his or her employment, is riding a bicycle while engaged in the delivery of postal articles; but this exception ceases on 31/12/93.

        (6)         Subregulation (2) does not apply to a person who is riding or being carried on a bicycle which has been hired from a person who is bona fide engaged in the business of hiring out bicycles for reward; but this exception ceases on 31/12/92.

        [Regulation 1307 inserted in Gazette 24 December 1991 pp.6465-6; amended in Gazette 3 March 1992 p.1093; 31 January 1997 pp.677-8.]

        [Heading inserted in Gazette 13 December 1994 p.6750.]

        [Heading inserted in Gazette 13 December 1994 p.6750.]