Helmet Laws in different States

[candywine]

Hi Everyone came across this petition Re: Helmet Standards & Laws across Australia. As you know different States have some wide variation in what is and is not Legal.

http://www.change.org/en-AU/petitions/change-state-road-use-regulations-so-that-motorcycle-helmets-approved-for-use-are-defined-by-accc-consumer-protection-notice-no-9?utm_source=supporter_message&utm_medium=email&utm_campaign=petition_message_notice

[Marcus]

Never heard of it. Do you have a link to it?

[alans1100]

There is a mandatory Australian Standard for helmets in Australia but some sections are optional or can be varied by the states.

http://www.productsafety.gov.au/content/index.phtml/itemId/974854

From this PDF file

http://www.productsafety.gov.au/content/item.phtml?itemId=1002090&nodeId=1c52b6198e6b5830de289b1fcc0360c0&fn=Consultation%20paper%20for%20the%20review%20of%20the%20mandatory%20safety%20standard%20for%20the%20supply%20of%20motorcycle%20helmets%205%20August%202013.pdf

5.   Motorcycle helmet ‘supply’ and ‘use’ laws

While the ACCC can develop and enforce laws for the supply of motorcycle helmets it is not in a position to make and amend laws which govern which helmets can be legally worn by motorcyclists. That responsibility falls to state and territory road safety agencies.
State and territory road and traffic agency Ministers make legislation in relation to motorcycle helmet use.  Each state and territory requires that motorcyclists and their passengers wear an approved motorcycle helmet while riding a motorcycle on public roads.  Each jurisdiction then defines an approved motorcycle helmet. Use laws are enforced by Police in each state and territory.
Use laws vary between states and territories. At least one jurisdiction requires that an approved helmet comply with the 1988 version of the Australian Standard. Other jurisdictions require compliance with the 2006 version of the Australian/New Zealand Standard and at least two of these jurisdictions require that helmets manufactured after a certain date have an identifying mark indicating compliance with the standard, from a Joint Accreditation System of Australia and New Zealand (JAZ-ANZ) accredited or approved certification body. The Commonwealth is not in a position to rectify these inconsistencies and the options available to the Commonwealth during the review, will not result in state and territory use law consistency.

[Whizz]

So without having to read through all the gobble-d-gook in the legal documents etc, can anyone actually specify a list of things that apply in one State but not another? and/or a list of things that apply in ALL States?

[alans1100]

I think this is the basic state by state requirements as they stand at the moment. At least in SA consumer law  (AS1698:2006) and road rules conflict. (AS1698:1988)

I haven't gone to far into all this but I gather the petition is about getting a national standard implemented because at the moment it seems a compliant helmet sold in e.g. Qld doesn't comply in NSW because of missing sticker.

http://www.mrasa.asn.au/pdf/MotorcycleHelmetStandards.pdf

NT: Helmets must comply with AS/NZS 1698:2006 (from 1 Jan 2012).

Qld: Helmets must comply with AS 1698–1988.

NSW: Helmets must comply with AS/NZS 1698:2006 and bear a sticker from a JASANZ
accredited certifier (5 Feb 2010, 5 Nov 2010).

ACT: Helmets must bear the certification trade mark of which the Standards
Association of Australia is the registered proprietor together with the figures “1698”
(reconfirmed 2009).

Vic: Helmets must be marked with an official standards mark, comply with AS/NZS
1698:2006 and bear a JAS-ANZ certifier sticker (1 July 2012).

Tas: Helmets must comply with AS/NZS 1698 (NB: no year) and bear the Australian
Standards Mark (1 July 2012).

SA: Helmets must be manufactured, tested and marked in accordance with AS
1698:2006 and bear the certification mark of the Standards Association of Australia
(28 Nov 2007).

WA: Helmets must comply with AS/NZS 1698:2006 and carry a sticker issued by
Standards Australia (14 Dec 2007).

[candywine]

Thanks alan1100 for explaining it all, glad someone knows a bit about it all as dumb arses like me will be the ones to get caught. Cheers candywine   

[Brock]

WA needs a sticker from an accredited agency,Standards Aust  dont exist as such any more and dont issue stickers. So that requirement under WA law was impossible to meet.

[Wombat]

Just reported in WA that there will be unmarked motorbikes and the riders will have helmet cams for prosecution of mobile phone useage. This will hopefully legalize the helmet cam use in this state anyway. 

[Nigel]

I`m in Vic my helmet is DOT approved 2011 and the as/nzs 1698. Is this legal/???????????????????????

[Totgas]

In Tasmania don't they have to sell them in pairs     

[Couch]

 Totgas    

(yes, but ex banana benders are exempt)

In Tasmania don't they have to sell them in pairs