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Drivers and pillion riders of motor cycles to wear protective helmets

Road Traffic Act 1961

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Every person who drives or is carried on a motor cycle must wear securely on his or her head a protective helmet of a type approved by the Deputy Commissioner of Police.(1A) The driver of a motor cycle (called in this section the motor cycle rider) must not drive the motor cycle where a person is being carried on the motor cycle (called in this section the pillion) so driven by the motor cycle rider unless the pillion is wearing securely on his or her head a protective helmet of a type approved by the Deputy Commissioner of Police.(2) A person must not import, sell or offer for sale or have in the person’s possession for sale any protective helmet which is not of a type approved by the Deputy Commissioner of Police.(2A) Once a type of protective helmet is approved by the Deputy Commissioner of Police for the purposes of subsections (1) and (2), the Deputy Commissioner of Police must, as soon as practicable, cause to be published in the Gazette a notification specifying each type of protective helmet so approved by him or her.(2B) However, failure to comply with subsection (2A) in respect of any type of protective helmet does not invalidate the approval for that type of protective helmet.(3) Any person who contravenes subsection (1) or (1A) shall be guilty of an offence and shall be liable on conviction —(a)to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.(3A) A person is a repeat offender in relation to an offence under subsection (3) if the person who is convicted, or found guilty, of an offence under that subsection (called the current offence) of contravening subsection (1) or (1A) has (whether before, on or after 30 June 2021) been convicted or found guilty, on at least one other earlier occasion before the date on which the person is convicted or found guilty of the current offence, of the same offence of contravening subsection (1) or (1A).(4) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

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