Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Helmets & the law (when do you need to wear one)

Discussion in 'Politics, Laws, Government & Insurance' started by pvda, Oct 2, 2006.

  1. Was having a debate over the weekend about wearing helmets when on scooters on private property.

    I believe you must wear them at all times no matter where you are (common sense says you should anyway) but my friends keep telling me it's only required for on road use.

    So, what are the rules/laws concerning helmet use "off road", is there a difference between private property, public accessed areas, farmers paddocks and so on??

    Any links to the info on the net??
  2. There is no legal requirement to wear a helmet on private property. :)

    Nonetheless, common sence applies. If you don't think you need a helmet then you probably don't. :wink:
  3. Farm paddocks would come under OH&S legislation (since they count as a workplace). So not required to wear a helmet but if someone was killed/injured as a result of not wearing one the farmer's going to have to come up with a damn good reason as to why not to avoid being prosecuted. Same applies for other land belonging to a business (ie carparks, warehouses etc.). If it's your own private property then you can ride without one since the only person accountable is you.
  4. Depends on whether the rider is being paid. Workcover may sue a farmer if a farm hand was injured while not wearing the helmet, but I's say a supermarket wouldn't be liable for somone not wearing in a carpark due to changes in legislation stopping people suing others for their own stupidity.

    The rider would have to be careful to make sure that the carpark isn't covered by the traffic management/road safety act (whichever one it is)as a number of them are. :)

    It's worth mentioning though that if a piece of privately owned land is used as a road by the public then it is designated a road despite being private property and in these cases road rules apply. Eg. A track though a paddock giving access to a popular fishing spot on a river.
  5. Yep the Road Safety Act applies to "an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles" - of course other areas can be individually decided on by the government as to whether they class as a "road" or not. So a supermarket carpark would generally come under the act - but private carparks, like those you'd find at a factory for the sole use of workers, quite often do not. So the company that owns it can decide on their own road rules (same applies for private roads) - however they need to remember they may be held liable for any injuries. I know the last place I worked at had an extensive network of private roads - which all motorcycles were prohibited from using (they also had a 40kph maximum speed limit and 0.00 BAC which was regularly enforced).
  6. So a, lets say, race track pit area which is open to the public even though they pay to get in is considered public and a helmet is required??

    Ignore MA requirements, I'm talking State Laws here
  7. I wouldn't think a racetrack or pit area would be classed as a public road since vehicle access is controlled. It'd therefore be up to the owner of the circuit and/or the event organiser to determine when/where helmets need to be worn - keeping in mind they're the ones that are going to be liable if an accident occurs. There's probably some CAMS regs surrounding this too (if it's a CAMS event).
  8. at eastern creek, PI and oran park we've always been shouted at to wear helmets in the pits.
  9. It would be considered a public area and basically that's why I asked.

    There is no requirement in CAMS to the best of my knowledge for helmets (MA does though) although that said the recent Sandown 500 had a ban on all 2 wheel (powered or pedal) cycles within the pit & paddock areas in the interests of safety due to the shear number of people & it not being practical to ride anything through a crowd that size safely :roll:
  10. Its probably a requirement of their insurance to ensure everyone on site wears a lid.
  11. Public area yes, but public road no. Unless you're telling me I can drive my car down any pit lane in the country whenever I feel like it :). So since it's a private road the Road Safety Act does not apply (otherwise speed limits could also be enforced ;)) - so it's all going to come down to an issue of safety and public liability. A smart track owner/race organiser would make helmets compulsory just to be safe (they're even making them mandatory for pit crew in some events now).