Helmet laws Australia - same crap round 2.

Discussion in 'Australia' started by c-more, Oct 18, 2011.

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  1. mazman808

    mazman808 Been here awhile

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    Anyone see this article?
    http://www.carsguide.com.au/news-and-reviews/car-news/bike_helmets_rated/

    Theres mention of as/nzs being required if you want to be legal!

    Also, in they're FAQ section, the first question is this, with an answer following:

    Can I use a helmet I have brought with me from overseas?

    No. Helmets purchased from overseas do not comply with Australian Standards. In addition, the Australian Standard for motorcycle helmets is one of the most stringent in the world.
    #81
  2. mazman808

    mazman808 Been here awhile

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  3. MODNROD

    MODNROD Decisions, decisions

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    That's a WSID "track rule" only. If you have an ANDRA license, you can quote the rule book at them (which some of our WA racers have had to do in the past), which lists approved helmets as being ECE, Snell2005 up, SFI, AS1698.

    Up until season 2013 at least, then to race on the track you will only be allowed to use Snell or SFI.......in other words, AS of any sort will be ANDRA illegal.:huh


    Dirt drags with SFA rules at all is starting to look better and better sometimes.
    #83
  4. wairau

    wairau south pacific vagrant

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    I've been riding in Aussie for nearly 4 years with a NZ helmet that I bought over when I moved. i.e no sticker. It is a Shoei XR1000 that was sold here too. It was about a year before I found out about the sticker rule.

    I've been pulled up several times, and never had any trouble about no sticker. Maybe just lucky.
    #84
  5. rmhrc628

    rmhrc628 Long timer

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    Im farking furuious with that article = why are our heads different to European or US?

    It's not about safety - pure job justification and to protect importers (sic)
    #85
  6. rmhrc628

    rmhrc628 Long timer

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    No - it says to be sold - important difference. Resellers to which the ACCC laws apply must sell with the sticker but to import one you dont.

    The fact so many of us import helmets which are so miuch better than the $99 chinese special, proves to me that the govt are just nimrods.

    Please explain how $99 AS1698 helmet is better than a $500 imported shoei or arai or schuberth? It's impossible
    #86
  7. AL-58

    AL-58 BMWs make good landfill

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    Read the document, that's not what it says.

    Its says:
    "Helmet law

    The NSW Road Rules 2008 requires that:
    • The rider of a motorcycle must wear an approved motorcycle helmet securely fitted and fastened on the rider¬ís head,
    • The rider of a motorcycle must not ride with a passenger unless the passenger is wearing an approved motorcycle helmet.
    Helmet standard

    An approved motorcycle helmet is a protective helmet for motorcycle riders of a type that:
    • Complies with Australian/New Zealand Standard AS/NZS 1698:2006 Protective Helmets For Vehicle Users, as amended by Amendment No. 1 of 28 September 2007 and Amendment No. 2 of 27 May 2009; or
    • Is an earlier version of Australian/New Zealand Standard AS/NZS 1698 or Australian Standard 1698-1988 that was in force at the time of manufacture or importation; and
    • Has a mark certifying compliance with an above standard.
    Motorcycle helmets manufactured after 31 March 2011 must have an identifying mark from a body accredited or approved by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) certifying compliance with an above standard.(sample graphics shown)"

    The document referred to says nothing about "to be sold".

    Now that may be the government understanding of it, and possibly they are wrong. That's not going to stop a cop booking you if you dont have the appropriate compliance sticker if he feels like it.

    The only possible loophole there is if your helmet was manufactured before 11/3/11.

    Al

    #87
  8. Dave Nolan

    Dave Nolan left from woopwoop

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    I can think of about 401 ways it's better. :lol3
    #88
  9. WayneC

    WayneC Long timer

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    ACCC administers Consumer directive 9 of 2000 which specifies what is legal to sell & "Approval Marks" are left up to the Statutory Authorities

    This is then over ridden by the TTMR (Aust NZ Free Trade)

    <style type="text/css">p { margin-bottom: 0.2</style>Under the Trans-Tasman Mutual Recognition Arrangement (TTMRA), goods that may be legally sold in New Zealand may be sold in Australia and vice versa. This principle operates regardless of differences in standards or other sale-related regulatory requirements between Australia and New Zealand.

    <style type="text/css">p { margin-bottom: 0.21</style>TTMR legislation prevails over any inconsistent laws relating to the sale of goods (All States have passed legislation)

    This means helmets marked as per the NZ requirements in the link below are/should be legal to sell in Aust

    http://nzta.govt.nz/resources/roadc...d-your-motorcycle/wearing-the-right-gear.html

    Complete with the various international standard certification marks in the NZ page above

    The States then put in place Regulations as to what is legal to use, the two (sell & use) are "supposed to be the same"

    The new NSW Regulations and their effect have been raised with the Federal Minister by MCA

    See MCCNews below

    http://www.crossroadz.com.au/F650GS/Docs/Helmets/MCCnewsAug11.pdf

    What is required is for the state regulations to point to ACCC Directive 9 & then we have the right to use helmets as per NZ page above

    The question I would raise is does the TTMR over ride the state regulations and that question I will leave to those with better legal knowledge than mine
    #89
  10. rmhrc628

    rmhrc628 Long timer

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    You have to love email for all it's shortcomings it is making governments more exposed to shit efforts

    I have just had an anniversary. Of what?

    Of Australian Standards communications requesting they harmonise our "arse end of the world" standards with world standards forthwith.

    First email sent to AS was February 10 2011.

    So we have just ticked over 1 year.

    So much ammunition for a current affairs or other such sheetful tv shows. :lol3:lol3:lol3
    #90
  11. WayneC

    WayneC Long timer

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    There has been movement at the station on at least part of this story

    ACCC is submitting a new regulation to the Federal Minister for signing which, wait for it, will update

    Consumer Directive 9 which at the moment is so out of date that the last minister to sign was Senator Tate in December 1990.
    The ACCC has been a little remiss one might say in keeping the regulations up to date.

    Basically this regulation sets out what standard helmets must meet to be legal to sell in Australia, It is so out of date it does not point to any current standard or take into account the NZ free trade agreement. It points to a 1988 version of AS1698

    To top off the above, the issue of each state going off in their own direction & having different & in some cases out of date regulations has been listed as an agenda item for the next meeting of State & Federal Transport Ministers. ie COAG

    The general consensus is basically that at a fine technical legal perspective it is probably not legal to travel across state boundaries with our helmets due to the state regulation differences. The consensus came from a surprisingly high governmental level.

    So you can see the glacier is moving at glacial speed but is finally moving

    If anyone is of a mind to fire off an odd angry shot to ACCC, State or federal pollies it would be appreciated. Post em here please

    ACCC will deflect the complaint initially but it is a clear restraint of trade to not be able to legally travel across state boundaries & so they have no choice but to accept the complaint and hold it open until the situation is resolved if you are insistent and respond to any emails expressing your dis satisfaction with their response.

    Just for the amusement value note the current Vic regulation on what helmets are legal to use in Vic, It was signed in November 2009 and sets the standard as Australian Standard AS 1698&#8211;1988, a standard 20 years out of date.

    GEORGE MAVROYENI, Executive Director, Road Safety and Network Access, Roads Corporation VIC would be a good recipient of the odd complaint or two for his grasp & knowledge of the modern world.
    #91
  12. rmhrc628

    rmhrc628 Long timer

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  13. mudmaps

    mudmaps Aussie World Traveller

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    I don't have a copy of The Constitution handy but I do recall something about freedom of trade between the states that allows, for example, a vehicle registered in 1 state to be legally taken across the border into another state without harassment.

    I would imagine a helmet would fall into the same category, meaning that if you have a helmet that is legal in your state then you can take it interstate.
    #93
  14. WayneC

    WayneC Long timer

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    Yes, that is the case and the ACCC has conceded that it is probably illegal to cross state borders wearing some helmets due to differences in state legislation/regulations, we are always on business when crossing borders ?

    It also has implications for delivery and other companies whose staff cross state borders on insurance & OHS issues
    which means the potential to dispute accident claims when staff are injured

    All up it is an issue which needs resolution and the ACCC has indicated they will resolve it with new regs to the Minister & raising it at the COAG transport Ministers gab fest.

    We need to push them though
    #94
  15. Squily

    Squily Squily

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    To be honest, i have not read the whole thread and maybe it was stated somewhere- I apologise.

    I'm heading to NZ in Feb for sport and planning to do some touring whilst over there. Several options exist, but one is to not take my helmet over, but buy one there and bring it back after the trip as I'm in the market for a new hood anyway. I see Airoh SX4 appears to be cheaper over there. But from some of the comments in this thread I have read- the sticker is not a requirement in NZ? So will the helmet have a sticker on if I buy it over there?
    #95
  16. tripodtiger

    tripodtiger Off riding around on bitumen circles.

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    The standard is AS-NZ 1698. I figured the NZ bit was for NZ?
    Please explain?:sweeti
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  17. Squily

    Squily Squily

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    Yes, that's what I'm confused about. I figured NZ must 'require' the sticker as Australia, but a few years back I tried to replace my Airoh DS (which I brought out with me when I moved here) with the S4, but was told they don't sell them in Australia and I could personally import one without the sticker (this was in an email I sent to Airoh Italy).

    Yet, they're sold by a number of shops in NZ (now) as road-helmets.

    Which sort of leave two options:
    1. They don't have a sticker and don't need one in NZ
    2. They do have a sticker and if I buy one over there, it would be legal for me to use it on Aus.
    Either way, there are other options too, but in short- if I buy a 'road' helmet in NZ- will it have a sticker on it?



    And incidentally, none of my other hoods I brought out (which include two BMW ones) had stickers on them and I've never had any hassles, but better safe than sorry...
    #97
  18. wairau

    wairau south pacific vagrant

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    No. NZ helmets don't come with a sticker. I moved over to Aussie 4 years ago with a non stickered helmet. Pulled over a few times, never had any trouble with not having it.

    The standard of manufacture is common between the 2 countries. From what I can tell NZ requires the seller to make sure the helmet measures up, while Aussie requires the wearer to possess the sticker.
    #98
  19. Squily

    Squily Squily

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    Thanks Marlboroughlad

    What I wanted to know, but not what I wanted to hear necessarily...

    Still figure, for the price of hoods over there, it might be better for me to splash out rather than drag along. Like the variety as well.
    #99
  20. tripodtiger

    tripodtiger Off riding around on bitumen circles.

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    Is there anything on the label inside the helmets in NZ?

    The sticker is no more or less an indicator of complying with the standard than the statement of the fact on the inside label. Only difference is that the label may wear off and you have to take the helmet off to show the nice policeman that it's approved.
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