Mandatory standard for motorcycle helmets revoked
The Commonwealth Minister for Small Business and Assistant Treasurer, Hon Kelly O’Dwyer MP, has revoked the mandatory standard for the supply of motorcycle helmets on 27 November 2015.
The revocation notice and explanatory statement is available from the ComLaw website.
The Australian Competition and Consumer Commission made the recommendation to the Minister to revoke the standard following a review and consultation with stakeholders.
Existing state and territory road use laws set out what helmets are legal for motorcyclists to use. These laws require riders to wear helmets that meet a version of the voluntary Australian standard. Some states also permit the use of helmets that meet the United Nations Economic Commission for Europe Regulation 22-05, often called the European standard. Helmets must also include a sticker or marking that indicate they meet road use laws.
The ACCC concluded that the Australian Consumer Law (ACL) can be used to support the state and territory road use laws for motorcycle helmets.
Motorcycle helmets sold in Australia must be safe and fit for purpose, and can be tested against the technical standard they claim to comply with. If helmets are found to be unsafe, they can be subject to a recall. The ACCC or state and territory regulators can take further action against suppliers who sell non-compliant helmets for false or misleading representations.
Revoking the mandatory standard aligns with the Government’s commitment to reduce red tape, and promotes competition in the marketplace.
Helmet use laws vary from state to state. Motorcyclists should consult with state or territory regulators to ensure their helmets comply when travelling out of their area.