Helmet Fine

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Helmet Fine

Post  Chalkie on Wed 05 Oct 2016, 11:21 pm

A mate in North Queensland was pulled over and fined because he didn't have that little red press stud on the end of the chin strap on his helmet done up. Anyone else heard of anything like this happening? Evil or Very Mad
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Re: Helmet Fine

Post  madmax on Thu 06 Oct 2016, 1:28 am

Sounds like an over zealous cop. A technicality, it suggests the helmet is not done up properly.
Piss weak really.
Press stud is only there to stop the tail flapping around in the breeze.

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Re: Helmet Fine

Post  reddog on Thu 06 Oct 2016, 9:17 am

If he is bothered about it be can take it to court.  Sounds like the cop had a bad day.
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Re: Helmet Fine

Post  paul on Thu 06 Oct 2016, 9:53 am

Seems pretty rough , was your mate giving the cop a hard time ?

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Re: Helmet Fine

Post  Bosco15 on Thu 06 Oct 2016, 10:10 am

Did they cop check to make sure the press stud on your mates pants was done up? Mine pops open all.the time. 
I'd be straight to court with that one, as not all helmets have the press stud!!!

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Re: Helmet Fine

Post  Chook on Thu 06 Oct 2016, 10:16 am

@Bosco15 wrote:
I'd be straight to court with that one, as not all helmets have the press stud!!!

x2 except I'd speak to their prosecutions section 1st, any reasonable prosecutor would pull that before it got to court
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Re: Helmet Fine

Post  palexxxx on Thu 06 Oct 2016, 10:29 am

@Chook wrote:
@Bosco15 wrote:
I'd be straight to court with that one, as not all helmets have the press stud!!!

x2 except I'd speak to their prosecutions section 1st, any reasonable prosecutor would pull that before it got to court


Or even one step before that,  contact the Officer in Charge of the police station that the cop was stationed at.

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Re: Helmet Fine

Post  2wheelsagain on Thu 06 Oct 2016, 11:20 am

If its true it wont stand any scrutiny. As long as the strap was fastened to the retaining system its done up. The tail has nothing to do with the safety part of fastening.

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Re: Helmet Fine

Post  Chalkie on Thu 06 Oct 2016, 6:55 pm

From what he said, he didn't aggravate the copper. He has rolled over and paid the on the spot fine. I was just curious to know if anyone else had heard of a similar incident - ride carefully through the Prosepine area!
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Re: Helmet Fine

Post  Bosco15 on Thu 06 Oct 2016, 7:33 pm

I think that he should write to DPP explaining that he paid the fine but thinks that it was not legal or justified and ask for a review. May get his money back. 
That coppa needs a foot and your mate complaining might start the ball rolling into the investigation of his professional conduct.

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Re: Helmet Fine

Post  Chook on Thu 06 Oct 2016, 7:35 pm

@Chalkie wrote: He has rolled over and paid the on the spot fine.  

Pitty.

That would have been a shoe in to get overturned if everything you state is how it was.
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Re: Helmet Fine

Post  Chook on Fri 07 Oct 2016, 9:56 am

While there are variations between the states regarding Australian Road Rule 270, the relevant part is the same in all jurisdictions, no where in Australia is that an offence

Qld - Transport Operations (Road Use Management—Road Rules) Regulation 2009 wrote:Part 16 - Rules for persons travelling in or on vehicles
270 - Wearing motorbike helmets
(1)
The rider of a motorbike that is moving, or is stationary but not parked, must
(a) wear an approved motorbike helmet securely fitted and fastened on the rider's head; and
(b) not ride with a passenger unless the passenger complies with subsection (2).
Maximum penalty - 20 penalty units.
(2)
A passenger on a motorbike that is moving, or is stationary but not parked, must wear an approved motorbike helmet securely fitted and fastened on the passenger's head.
Maximum penalty - 20 penalty units.
(3)
In this section--
approved motorbike helmet means a helmet that--
(a)
complies with--
(i)     AS 1698; or
(ii)    AS/NZS 1698; or
(iii)   the United Nations Economic Commission for Europe standard 22.05; or
(iv)   another standard the chief executive considers is at least equal to a standard mentioned in
        paragraph (i) to (iii). and
(b)
bears a label, or similar mark, indicating compliance with a standard mentioned in paragraph (a).

NSW - ROAD RULES 2014 - REG 270 wrote:Wearing motor bike helmets
270 Wearing motor bike helmets

(1) The rider of a motor bike that is moving, or is stationary but not parked, must:
(a) wear an approved motor bike helmet securely fitted and fastened on the rider’s head, and
(b) not ride with a passenger unless the passenger complies with subrule (2).
Maximum penalty: 20 penalty units.
Note :
"Motor bike" and
"park" are defined in the Dictionary.
(1A) However, the rider of a motor bike that is moving, or is stationary but not parked, is exempt from wearing an approved motor bike helmet if:
(a) the motor bike’s engine is not on, and
(b) the rider is pushing the motor bike, and
(c) in the circumstances, it is safe for the rider not to wear the helmet.
(2) A passenger on a motor bike that is moving, or is stationary but not parked, must wear an approved motor bike helmet securely fitted and fastened on the passenger’s head.
Maximum penalty: 20 penalty units.
(3) In this rule:

"approved motor bike helmet" means a protective helmet for motor bike riders of a type that complies with any one or more of the following standards and has an identifying mark certifying compliance with that standard:
(a) Australian/New Zealand Standard AS/NZS 1698:2006, Protective helmets for vehicle users (
"AS/NZS 1698" ),
(b) in the case of a helmet manufactured in Australia-the version of AS/NZS 1698 or Australian Standard AS 1698-1988, Protective helmets for vehicle users (
"AS 1698-1988" ) that was in force at the time the helmet was manufactured, or any later version of AS/NZS 1698 or AS 1698-1988 ,
(c) in the case of a helmet imported into Australia-the version of AS/NZS 1698 or AS 1698-1988 that was in force at the time the helmet was imported, or any later version of AS/NZS 1698 or AS 1698-1988 ,
(d) United Nations Economic Commission for Europe Regulation No 22Uniform Provisions Concerning the Approval of Protective Helmets and their Visors for Drivers and Passengers of Motor Cycles and Mopeds Revision 4 of 24 September 2002 (
"UNECE22.05" ) and any further amendments to UNECE22.05 approved and published by the United Nations Economic Commission for Europe, or any later version of UNECE22.05 .
Note : This definition is not uniform with the definition in rule 270 (3) of the Australian Road Rules . However, the definition in the Australian Road Rules allows another law of this jurisdiction to make provision for the approval of protective helmets for motor bikes. Different definitions may apply in other Australian jurisdictions.

"passenger" , of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.
(4) For the purposes of paragraphs (a)-(c) of the definition of
"approved motor bike helmet" in subrule (3), the identifying mark in the case of a motor bike helmet manufactured after 31 March 2011 must be the identifying mark of a body accredited or approved by the Joint Accreditation System of Australia and New Zealand.



Vic - ROAD SAFETY ROAD RULES 2009 - REG 270 wrote:

Wearing motor bike helmets
   (1)     The rider of a motor bike that is moving, or is stationary but not parked, must—

       (a)     wear an approved motor bike helmet securely fitted and fastened on the rider's head; and

       (b)     not ride with a passenger unless the passenger complies with subrule (2).

Penalty:     10 penalty units.

Note

Motor bike and park are defined in the dictionary.

   (2)     A passenger on a motor bike that is moving, or is stationary but not parked, must wear an approved motor bike helmet securely fitted and fastened on the passenger's head.

Penalty:     10 penalty units.

   (3)     In this rule—

Rule 270(3) def. of approved motor bike helmet substituted by S.R. No. 47/2012 rule 22.

"approved motor bike helmet" means a protective helmet for motor bike riders that is approved, for the purposes of these Rules, by the Corporation under rule 407(d);

"passenger", of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.


Tas - Road Rules 2009 wrote:270. Wearing motor bike helmets

(1) The rider of a motor bike that is moving, or is stationary but not parked, must –
(a) wear an approved motor bike helmet securely fitted and fastened on the rider’s head; and

(b) not ride with a passenger unless the passenger complies with subrule (2).
Penalty: Fine not exceeding 5 penalty units.

Note: Motor bike and park are defined in the dictionary.


(2) A passenger on a motor bike that is moving, or is stationary but not parked, must wear an approved motor bike helmet securely fitted and fastened on the passenger’s head.
Penalty:

Fine not exceeding 5 penalty units.
(3) In this rule –
approved motor bike helmet means a protective helmet for motor bike riders that is approved, for the Road Rules, under another law of this jurisdiction;
passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.


SA - Road Traffic Act - Australian Road Rules, 270 wrote:270—Wearing motor bike helmets

       (1)         The rider of a motor bike that is moving, or is stationary but not parked, must—

           (a)         wear an approved motor bike helmet securely fitted and fastened on the rider's head; and

           (b)         not ride with a passenger unless the passenger complies with subrule (2).

Offence provision.

Note—

"Motor bike" and "park" are defined in the dictionary.

       (2)         A passenger on a motor bike that is moving, or is stationary but not parked, must wear an approved motor bike helmet securely fitted and fastened on the passenger's head.

Offence provision.

       (3)         In this rule—

"approved motor bike helmet" means a protective helmet for motor bike riders that is approved, for the Australian Road Rules , under another law of this jurisdiction.

SA NOTE—

For South Australia, see regulation 38 of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 .

"passenger", of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.




NT - TRAFFIC AMENDMENT (AUSTRALIAN ROAD RULES) REGULATIONS 2011 (NO 56 OF 2011) - REG 270 wrote:Wearing motor bike helmets
   (1)     The rider of a motor bike that is moving, or is stationary but not parked, must:

(a)     wear an approved motor bike helmet securely fitted and fastened on the rider's head; and

(b)     not ride with a passenger unless the passenger complies with subrule (2).

Offence provision.

Note

Motor bike and park are defined in the dictionary.

   (2)     A passenger on a motor bike that is moving, or is stationary but not parked, must wear an approved motor bike helmet securely fitted and fastened on the passenger's head.

Offence provision.

   (3)     In this rule:

"approved motor bike helmet" means a protective helmet for motor bike riders that is approved, for the Australian Road Rules , under another law of this jurisdiction.

"passenger", of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.


ACT - Australian Road Rule 270 wrote:270 Wearing motor bike helmets
(1) The rider of a motor bike that is moving, or is stationary but
not parked, must:
(a) wear an approved motor bike helmet securely fitted and
fastened on the rider’s head
; and
(b) not ride with a passenger unless the passenger complies
with subrule (2).
Offence provision.
Note Motor bike and park are defined in the dictionary.
(2) A passenger on a motor bike that is moving, or is stationary
but not parked, must wear an approved motor bike helmet
securely fitted and fastened on the passenger’s head.
Offence provision.
(3) In this rule:
approved motor bike helmet means a protective helmet for
motor bike riders that is approved, for the Australian Road
Rules, under another law of this jurisdiction.
passenger, of a motor bike, includes a person on a
passenger seat of the motor bike (including the pillion seat),
or in a sidecar.


WA has not adopted the Australian Road Rules but in some cases they have brought their ste legislation in line with the national rules


WA - Road Traffic Code 2000, Reg 244 wrote:244. Drivers and pillion passengers upon motor cycles to wear
protective helmets
(1) In this regulation—
protective helmet means a helmet that is, or is of a standard or
type that is, approved by the CEO, for the purposes of this
regulation, by notice in the Gazette.
(2) A person shall not drive a motor cycle unless —
(a) that person is wearing securely on his or her head a
protective helmet; and
(b) where any other person is riding or being carried on the
motor cycle, that other person is wearing a protective
helmet securely on his or her head.
Points: 4 Modified penalty: 11 PU
(3) Where any other person is riding or being carried on the motor
cycle, that other person shall wear a protective helmet securely
on his or her head.
Modified penalty: 11 PU
(4) The provisions of subregulations (2) and (3) do not apply so as
to require the wearing of a protective helmet by a person who
has, for reasons relating to the person’s medical condition or for
any other reason which the CEO considers sufficient, been
exempted in writing by the CEO, on or before
30 November 2000, from that requirement.
(5) The CEO may at any time, by notice in writing to the person,
amend or revoke an exemption given to a person under
subregulation (4).
(6) An exemption given under this regulation —
(a) has effect from the time it is given until the expiry date
ascribed to that exemption by the CEO and set out in the
written exemption; and
(b) may be renewed for a specified period by the CEO.
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Re: Helmet Fine

Post  madmax on Fri 07 Oct 2016, 8:23 pm

You've got too much time on your hands Chook

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Re: Helmet Fine

Post  Chook on Sat 08 Oct 2016, 8:55 am

Home with "Man Flu" and bored shitless Wink
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Re: Helmet Fine

Post  Re-Cycled on Sat 08 Oct 2016, 10:09 am

@Chook wrote:Home with "Man Flu" and bored shitless Wink

Well... at least you're not constipated. Smile

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Helmet

Post  Chalkie on Sat 08 Oct 2016, 2:21 pm

Thanks for the research Chook. Just rang my mate again telling him about what you'd found out. He said its a couple of years ago now and he's just putting it down to experience rather than wanting to appeal it. I reckon he'd have a great chance though given his standing - got a gong in the Australia Day awards and has been named as Senior Queenslander of the year for his charity work. Anyway, his choice!
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Re: Helmet Fine

Post  2wheelsagain on Mon 10 Oct 2016, 7:07 am

@Chalkie wrote:Thanks for the research Chook. Just rang my mate again telling him about what you'd found out. He said its a couple of years ago now and he's just putting it down to experience rather than wanting to appeal it. I reckon he'd have a great chance though given his standing - got a gong in the Australia Day awards and has been named as Senior Queenslander of the year for his charity work. Anyway, his choice!

Don't tell me this is dopey mate? http://motorbikewriter.com/fined-330-for-loose-motorcycle-helmet-strap/

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Re: Helmet Fine

Post  Bosco15 on Mon 10 Oct 2016, 10:27 am

@2wheelsagain wrote:
@Chalkie wrote:Thanks for the research Chook. Just rang my mate again telling him about what you'd found out. He said its a couple of years ago now and he's just putting it down to experience rather than wanting to appeal it. I reckon he'd have a great chance though given his standing - got a gong in the Australia Day awards and has been named as Senior Queenslander of the year for his charity work. Anyway, his choice!

Don't tell me this is dopey mate?  http://motorbikewriter.com/fined-330-for-loose-motorcycle-helmet-strap/

In my opinion, David Hinchcliff deserved the fine he got. 
I just cannot understand people who go to the effort of putting the helmet on their head, putting the strap through the D rings, but bugger me it's just too much effort to put it through the second ring. 
It's on the same plane as pulling the seatbelt around you, but not bothering to clip it in and just tucking it under your arse!! 
I see pushbike riders with helmets sitting on top of their head, bit not strapped on. I think the police should have the power to pull them over, take off the unsecured helmet and smack them on the head with their truncheon. A lesson that, maybe, would sink in better than a fine. But then there's no revenue in that, is there?

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Re: Helmet Fine

Post  2wheelsagain on Mon 10 Oct 2016, 8:54 pm

@Bosco15 wrote:
@2wheelsagain wrote:
@Chalkie wrote:Thanks for the research Chook. Just rang my mate again telling him about what you'd found out. He said its a couple of years ago now and he's just putting it down to experience rather than wanting to appeal it. I reckon he'd have a great chance though given his standing - got a gong in the Australia Day awards and has been named as Senior Queenslander of the year for his charity work. Anyway, his choice!

Don't tell me this is dopey mate?  http://motorbikewriter.com/fined-330-for-loose-motorcycle-helmet-strap/

In my opinion, David Hinchcliff deserved the fine he got. 
Typical scooter riding twat. Doesn't compute that he's on a motorcycle but expects all the benefits of one.
Look at how many get about on shorts and tshirt.

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Scooter Riders

Post  Chalkie on Mon 10 Oct 2016, 9:14 pm

You're dead right about the scooter riders up north. 50cc apparently don't need a bike licence and many get around with thongs, shorts and singlet. 
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