What code do they actually charge you with if you are fined with wearing a non compliance helmet?

If they fine you with "not wearing a helmet" when you actually are it would get overthrown surely if you contested it in court.

There would have to be a code that is actually for not wearing a compliance helmet or the fine is useless? It would be interesting to know.

Just thinking out loud.

QuoteHelmet 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’s 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.

So they would fine you for not wearing an approved helmet

Yep if you get pulled over and checked you will get booked.

Quote from: wrxmy99 on July 30, 2011, 02:33:31 AM
So they would fine you for not wearing an approved helmet

Nothing in your list says the mark must be affixed by the distributor.  My reading would be that as long as it's an approved model, then affixing a mark yourself wouldn't be breaking the law.

Quote from: wrxmy99 on July 30, 2011, 02:33:31 AM
So they would fine you for not wearing an approved helmet

Yes but what code do they use? The people you talk to about this law state that the police actually fine you for not wearing a helmet at all if you are caught with a non compliance helmet. Surely this would not stand in court if you were to contest it.

The law in Vic states precisely this:
"Riders and their passengers must wear helmets approved to Australian Standard AS1698 or AS/NZS1698, and these must be securely fitted and fastened on their heads.  The helmets must have a mark indicating AS1698 or AS/NZS1698 approval."

Quote from: Twizted on July 30, 2011, 07:34:06 PM
Yes but what code do they use? The people you talk to about this law state that the police actually fine you for not wearing a helmet at all if you are caught with a non compliance helmet. Surely this would not stand in court if you were to contest it.

As wrxmy99 already said, they would charge you with not wearing an approved helmet.  "Riders and their passengers must wear helmets approved to Australian Standard AS1698 or AS/NZS1698"

Seems that in the eyes of the law, the wearing of a non-approved helmet is no different to not wearing a helmet at all.  So whether you wear a non-approved helmet or wear no helmet at all.... either way.... you are not wearing a helmet approved to Australian Standard AS1698 or AS/NZS1698!

Quote from: suzyj on July 30, 2011, 02:59:25 AM
Nothing in your list says the mark must be affixed by the distributor.  My reading would be that as long as it's an approved model, then affixing a mark yourself wouldn't be breaking the law.

You raise an intersting point. 

If the model of helmet you bought from overseas was of exactly the same make, type, model and specification as one available locally - one which has been submitted for AS testing and designated as approved - then as long as you applied a label which complied with this: "The helmets must have a mark indicating AS1698 or AS/NZS1698 approval" how would you then be in contravention of local law?

Quote from: ungeheuer on July 31, 2011, 03:17:04 AMIf the model of helmet you bought from overseas was of exactly the same make, type, model and specification as one available locally - one which has been submitted for AS testing and designated as approved - then as long as you applied a label which complied with this: "The helmets must have a mark indicating AS1698 or AS/NZS1698 approval" how would you then be in contravention of local law?

From what I know (not an AS citizen) it sounds like that he doesn't want to pay the fee to have the helmet put through inspection to get the sticker ($230AUD).

It goes on to define accreditation.


http://www.rta.nsw.gov.au/roadsafety/motorcyclesafety/motorcyclehelmets.html


Accredited companies
Accredited companies that certify motorcycle helmets can be found on the JAS-ANZ website.

As of October 2010, there are four JAS-ANZ accredited bodies that can certify motorcycle helmets to comply with AS/NZS 1698......(company logos are listed here)

Quote from: wrxmy99 on July 31, 2011, 09:02:29 PM
It goes on to define accreditation.


http://www.rta.nsw.gov.au/roadsafety/motorcyclesafety/motorcyclehelmets.html


Accredited companies
Accredited companies that certify motorcycle helmets can be found on the JAS-ANZ website.

As of October 2010, there are four JAS-ANZ accredited bodies that can certify motorcycle helmets to comply with AS/NZS 1698......(company logos are listed here)

Yes, but no accrediting company has seen my helmet.  A helmet of the same type as mine was given to the accrediting company by the distributor.  Upon successful testing, the distributor then affixes stickers to other helmets of the same type (including mine).  They charge quite a bit of money for putting the sticker on.

I see nothing in the law that says any particular person has to affix the sticker.  So if you buy a helmet from OS that is the same model as one that is sold here with AS sticker, and affix your own sticker, then as I read it you're not breaking the law.

The only real issue that I can see is that of the accreditation company who's sticker you're copying getting grumpy at your unauthorised use of their trademark, but that's completely separate from the issue of the legality of the helmet.

QuoteMotorcycle 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.

Love the fight Suzyj but I think you'd be drawing a long bow there.

There would have to be some gotcha somewhere for fraudulently falsifying an AS Sticker.  Its also on the labelling inside the lid.

Don't get me wrong guys, i think the whole thing sucks balls and is a blatent rip off of the average aussie just like duke prices and everything else we pay more for here even though the AU$ is skyrocketing (don't give shipping and logistics BS, its just a "market factor" uplift.  Most companies do it simply because they can)

But the plods will get you if they can and if having a bad day (like my on OPH was that fateful morning) they will throw the book atcha.

So then....

The Shoei with Aus compliance @ $720...?


Or the same Shoei from OS without the required appellation @ $460...?


Neither as it turns out.

I bought an Arai Vector complete with the bloody AS1698 label, on special @ $500.

Quote from: ungeheuer on August 04, 2011, 04:17:07 AM
So then....

The Shoei with Aus compliance @ $720...?


Or the same Shoei from OS without the required appellation @ $460...?


Neither as it turns out.

I bought an Arai Vector complete with the bloody AS1698 label, on special @ $500.

A mate of mine just ordered the Shoei XR1100 in Australia for $500 delivered, I think its the one with the Japanese sun on it, should be here by friday.





                                        Mmick

Quote from: monstermick58 on August 11, 2011, 04:21:46 AM

A mate of mine just ordered the Shoei XR1100 in Australia for $500 delivered, I think its the one with the Japanese sun on it, should be here by friday.





                                        Mmick

Nice.  Where did he find such a bargain?

Quote from: ungeheuer on August 11, 2011, 07:14:36 AM
Nice.  Where did he find such a bargain?

I think it was Bikebiz, not 100% sure though.





                                   Mmick

Quote from: monstermick58 on August 11, 2011, 11:26:30 PM

I think it was Bikebiz, not 100% sure though.





                                   Mmick

Bikebiz do have some good pricing on XR1100, but as of five minutes ago... nothing under $600...  and the one I like is $699.95