MHL in South Australia

[yugyug]

Mods: please move to the one and only helmet thread if you think thats appropriate.

Could someone legally versed or familiar with the law in South Australia help me parse the road rules regarding helmet use for bicycles in SA.

From the Road Traffic Act 1961:
http://www.legislation.sa.gov.au/LZ/C/A ... .50.UN.PDF" onclick="window.open(this.href);return false;

162B—Safety helmets for riders of motor bikes and bicycles
The Governor may, by regulation—
(a) prescribe specifications as to the design, material, strength and construction
of safety helmets for use by persons riding or being carried on motor bikes or
bicycles; and
(b) prescribe any other matters or specifications relating to safety helmets for
such use.

But does that actually say that bicycle riders (or motorcycle riders for that matter) actually have to wear such helmets? If not, where is it said?

I note that in the following section 162C that for users of wheeled recreational vehicles (presumably skateboards, roller-blades etc but not bicycles according to the definitions in part 1-5) it is clearly stated that they must wear a helmet (barring Sikhs wearing turbans and curiously others with "special reasons"):

162C—Safety helmets and riders of wheeled recreational devices and wheeled
toys
(1) A person must not ride, or ride on, a wheeled recreational device or wheeled toy
unless the person is wearing a safety helmet that complies with the regulations and is
properly adjusted and securely fastened.
(2) A person must not ride a wheeled recreational device or wheeled toy on which a child
under the age of 16 years is carried unless the child is wearing a safety helmet that
complies with the regulations and is properly adjusted and securely fastened.
(2a) A parent or other person having the custody or care of a child under the age of
16 years must not cause or permit the child to ride or be carried on a wheeled
recreational device or wheeled toy unless the child is wearing a safety helmet that
complies with the regulations and is properly adjusted and securely fastened.
(2c) It is a defence to a charge under this section for the defendant to prove that there were
in the circumstances of the case special reasons justifying non-compliance with the
requirements of this section.
(3) The Governor may, by regulation—
(a) prescribe specifications as to the design, materials, strength and construction
of safety helmets for use by persons riding or being carried on wheeled
recreational devices or wheeled toys; and
(b) prescribe any other matters or specifications relating to safety helmets for
such use.
(4) This section does not apply to or in relation to a person who rides, rides on or is
carried on a wheeled recreational device or wheeled toy if that person—
(a) is of the Sikh religion; and
(b) is wearing a turban

There seems to be no such clarifications for bicycles.

Is there a separate list of Governor's regulations?

thanks in advance

[ironhanglider]

38—Safety helmets

(1) Helmets are approved for motor bike riders if—

… lots of stuff …


(3) Helmets are approved for bicycle riders if they meet the impact attenuation requirement of Australian Standard 2063.

(4) For the purposes of section 162C of the Act (Safety helmets and riders of wheeled recreational devices and wheeled toys), safety helmets must meet the impact attenuation requirement of Australian Standard 2063.

(5) A person must not sell, or offer for sale, a helmet for use by a bicycle rider or a rider of a wheeled recreational device or wheeled toy unless the helmet meets the impact attenuation requirement of Australian Standard 2063.

(6) Despite the other provisions of this regulation and the Australian Road Rules , a helmet approved for bicycle riders may be used by a passenger on a motor bike who is under 6 years old and may be sold, or offered for sale, for such use.

Cheers,

Cameron

[il padrone]

All very vague

I thought SA had adapted the National Road Rules model ?? In Victoria we have Rule 256 which sets it all out much more cleary:

256 Bicycle helmets
(1) The rider of a bicycle must wear an approved bicycle helmet securely fitted and fastened on the rider's head unless—
(a) the Corporation has issued a certificate to the rider under subrule (4); and
(b) the rider complies with subrule (5).
(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
(b) the Corporation has issued a certificate to the passenger under subrule (4) and the passenger complies with subrule (5).
(3) The rider of a bicycle must not ride with a passenger on the bicycle unless the passenger complies with subrule (2).
(4) The Corporation may issue a certificate stating that it would be impractical, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while riding on, or being taken as a passenger on, a bicycle.
(5) A certificate issued under subrule (4) must be—
(a) carried by the person to whom it applies while the person is riding on, or being taken as passenger on, a bicycle; and
(b) produced by the person to a police officer or authorised person when requested to do so.

[yugyug]

I'm more confused than ever. Surely there must be another set of regulations then that clearly states that they must be used?

(I have not gone through the regs manually, but am searching for 'helmet' and 'helmets'...? )

[ironhanglider]

We've been missing the target, but I'll try again.

"80—" " Australian Road Rules and ancillary or miscellaneous regulations

The Governor may make—

(a) rules ( Australian Road Rules ) to regulate traffic movement, flows and conditions, vehicle parking, the use of roads, and any aspect of driver, passenger or pedestrian conduct; and

(b) regulations to deal with matters ancillary to this Part and the Australian Road Rules and to make miscellaneous provisions relating to matters of a kind referred to in paragraph (a).

As IP suggested this is where SA adopted the Australian Road Rules.

256—Bicycle helmets
(1) The rider of a bicycle must wear an approved bicycle helmet securely fitted and fastened on the rider's head, unless the rider is exempt from wearing a bicycle helmet under another law of this jurisdiction.
Offence provision.
Note—
(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 the passenger is:
(a) a paying passenger on a three or four-wheeled bicycle; or
(b) exempt from wearing a bicycle helmet under another law of this jurisdiction.
Offence provision.
(3) The rider of a bicycle must not ride with a passenger on the bicycle unless the passenger complies with subrule (2).
Offence provision.

This is the one that says you must wear an approved helmet, the other regs I posted are in addition to the Australian Road Rules and help define what an approved helmet is, since the dictionary in the ARR only says that an approved helmet is a helmet that is approved .

There are some other interesting sections of the Act in SA including:

41K—Self-incrimination

(1) It is not an excuse for a person to refuse or fail to provide or produce any information, document, record, device or other thing in compliance with a direction under this Division on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
(2) If compliance by a natural person with a direction under this Division to provide or produce any information, document, record, device or other thing might tend to incriminate the person or make the person liable to a penalty, then—
(a) in the case of a person who is directed to produce any document, record, device or other thing—the fact of production (as distinct from the contents of the document, record, device or other thing); or
(b) in any other case—the information provided in compliance with the direction,
is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).

For users of recording devices, although I note that this refers to footage you've been required to produce, rather than footage you may have provided voluntarily.

99A—Cyclists on footpaths etc to give warning

A person who is riding a bicycle on a footpath or other road-related area must, if it is necessary to do so for the purpose of averting danger, give warning (by sounding a warning device attached to the cycle or by other means) to pedestrians or other persons using that footpath or other road-related area.

This is the closest I've seen to a requirement to use a bell rather than just carry one, although "necessary" and "danger" are probably up for interpretation.

Cheers,

Cameron

[yugyug]

thank IHG I think I understand how SA uses the ARR now. But I still find it vague - I mean, in section 80 it says "The Governor may make— (a) rules ( Australian Road Rules ) to regulate traffic movement, flows and conditions, vehicle parking, the use of roads, and any aspect of driver, passenger or pedestrian conduct;" - but why "may" - isn't that ambiguous as to whether the Governor does apply the ARR....? sorry not a lawyer obviously if this sounds dumb.