Overseas bought Helmet use in AUSTRALIA

[Klavdy]

Yes, you CAN buy a helmet from O/S and legally wear it in Australia.

PRODUCT INFORMATION SHEET

Motor Vehicle Helmets (March 2009)



Background

Certification and the '5-ticks'

Prior to 17 December 2003 SAI Global was owned by Standards Australia International Limited (previously know as Standards Association of Australia) and delivered, via its subsidiary SAI Global, the product certification scheme commonly referred to as the '5-ticks'.

Standards Australia International was and still is a not-for-profit community owned organisation: in that its Constitution mandates the "Non-distribution of surplus to Members" (Constitution as amended 23 Nov 2007 clause 3 link ) however on the 17 December 2003 Standards Australia International divested itself of its subsidiary SAI Global and floated it on the Australia stock exchange. (link)

Thus since 17 December 2003 the product certification schemes commonly referred to as the '5-ticks' is operated and owned by SAI Global Limited (link) a publicly listed privately owned company. (link)

The "opening up" of the Australian certification marketplace which effectively took place as per above removed in effect the "quasi" Government endorsed certification process delivered by a not-for-profit, community owned organisation.

Standards Australia International Limited (SAIL) do not provide certify/approve products nor provide the '5-ticks'.

The Australian certification market place is now serviced by Australian private companies such as:

· BSI Management Systems (Australia & New Zealand) Pty Ltd,

· Global-Mark Pty Ltd,

· SAI Global Limited, and

· TÜV Rheinland Australia Pty Limited.



Standard

An appropriate, current, standard to which motor cycle helmets should comply with is:

AS/NZS 1698:2006 (as amended) Protective helmets for vehicle users. This standard superseded the standard AS 1698 – 1988 (as amended) Protective helmets for vehicle users on 20 February 2006.





Government

Australian Consumer and Competition Council (ACCC)

At the Australian Federal Government level mandatory safety standards are declared for products that are likely to be especially hazardous. (link) In the case of motor cycle helmets a product standard has been declared a mandatory consumer standard (link) by the Minister for Competition Policy and Consumer Affairs in a Consumer Protection Notice (CPN).

CPN No. 9 of 10 December 1990 requires that protective helmets for motor cyclists are required to comply with the Australian Standard 1698 - 1998. (link) Unfortunately CPN No. 9 has not been updated to reflect that AS 1698 - 1988 was superseded by AS/NZS 1698 on the 20 February 2006. Importantly CPN No. 9 does not require a helmet to be certified nor marked with a particular company's certification trade mark.

The ACCC provides guidance as to the responsibilities of suppliers', manufacturers, importers, distributors and retailers of products that are covered by a mandatory safety standard, eg a motor cycle helmet at their website and such guidance does not require a helmet to be certified nor marked with a particular company's certification trade mark. (link)

In short, the ACCC do not require a helmet to be certified nor marked with a particular company's certification trade mark.



NSW Department of Fair Trading (Fair Trading)

The products listed in the "Summary of Safety and Product Information Laws" document are subject to safety laws in NSW. (link) This list includes Helmets – Motor Cycle and indicates they "must comply with Australian Standard AS 1698-1998 – Protective Helmets for Vehicle Users. There are requirements for construction, materials, performance, marking and labeling. This is complementary to a Commonwealth law." (link)

This requirement is legislated in the Fair Trading Regulation 2007 (link) which similar to the summary document does not require a helmet to be certified nor marked with a particular company's certification trade mark.

In short, Fair Trading does not require a helmet to be certified nor marked with a particular company's certification trade mark.



Australian Road Rules

The Australian Road Rules (ARRs) are a basically a consistent set of rules which apply right across Australia and make it easier all round for road users. The ARRs were developed by the National Road Transport Commission, State and Territory transport agencies, police, other organisations and approved by a majority vote of State Transport Ministers. (link)

The latest version of the Australian Road Rules incorporates the amendments approved by the Australian Transport Council up to and including January 2008. The Australian Road Rules are model Rules only and have no legal effect however they form the basis of Road Rules of each Australian state and territory. (link) In these rules an "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". (link)

In short, the ARR do not require a helmet to be certified nor marked with a particular company's certification trade mark.



New South Wales (NSW) Road Rules

Unfortunately the Motorcycle riders' handbook (link) is not representative of the marketplace in that page 51 indicates, amongst other things, a certification trade mark logo that is no longer provided. The logo shown was the Standards Australia logo which as indicated above Standards Australia or more correctly SAIL since 17 December 2003 does not certify/approve products or supply the '5-ticks' sticker.

As indicated on page 1 of the handbook, "This handbook is only an interpretation of the law made easy to understand by using plain English" and is not truly reflective of the legal definition of an approved motorcycle helmet.

Referring to the legal definition, the NSW Road Rules 2008 requires the rider and a passenger of a motor bike that is moving, or is stationary but not parked to wear an approved motor bike helmet.

"An approved motor bike helmet means a protective helmet for motor bike riders of a type approved by the Authority." In this case the Authority is the RTA. (link)

In short, the NSW Road Rules do not require a helmet to be certified nor marked with a particular company's certification trade mark.



Victorian (VIC) Road Rules

Unfortunately the Victorian Rider handbook (link) is not representative of the marketplace in that:

· page 18 indicates, "By law, every rider and passenger, including pillion and sidecar passengers, must wear a helmet approved by Australian Standards". "Your helmet must carry the AS1698 or AS/NZS 1698 mark." and;

· on page 19 the photograph indicates, "Only buy a helmet carrying this sticker" and shows the now discontinued Australian Standards '5-ticks' sticker.

As indicated above since 17 December 2003 Australian Standards or more correctly SAIL does not certify/approve products or supply the'5-ticks' sticker.

To clarify the situation we should refer to the legal requirements namely the Road Rules – Victoria (link), clause 270, which indicates amongst other things, the rider and a passenger of a motor bike that is moving, or is stationary but not parked must wear an approved motor bike helmet.

"An approved motor bike helmet means a protective helmet for motor bike riders that is approved, by the Corporation by notice in the Government Gazette."

Special Gazette No S 174 (link) indicates an approved motor bike helmets, amongst other things, "are marked with an official standards mark certifying compliance with the relevant Standard..."

A standards mark is not legally defined and given today's marketplace and the precedence given by the Federal Government body the ACCC could be a private company's certification trade mark or it could be the standards mark of the manufacturer, distributor, supplier or retailer.

In short, the VIC Road Rules do not require a helmet to be certified nor marked with a particular company's certification trade mark.



Queensland (QLD) Road Rules

The QLD Road Use Management – Road Rules require a motorbike helmet to be approved,

"approved motorbike helmet means a helmet that complies with —

(a) AS 1698–1988; or

(b) another standard the chief executive considers is at least equal to that standard." (link)

The QLD Government Motorbike Safety website indicates a

When it comes to buying a good helmet, it pays to use your head:

· Make sure it meets the Australian Standards safety requirements. Helmets must carry an AS1698 sticker, and those with a visor must conform to Australian Standard 1609. (link)

In short, the QLD Road Rules do not require a helmet to be certified nor marked with a particular company's certification trade mark.



Associations

Australian Karting Association (AKA)

The AKA 2009 Karting Manual, chapter 14, indicates, amongst other things, that a helmet bearing a mark indicating compliance with the AS1698 Australian Standard are approved for use on AKA circuits. (link)

The manual does not require a helmet to be certified nor marked with a particular company's certification trade mark.



Confederation of Australian Motor Sport (CAMS)

The 2009 CAMS Manual of Motor Sport, General Requirements for Cars and Drivers Schedule D – Apparel, Clause 1 Headgear indicates that "A helmet bearing an approval to one or more of the following standards is approved for use in each of the above events and each other event where a helmet is required and the event is not entered on the FIA International Sporting Calendar: AS1698 Australian standard." (link)

The manual does not require a helmet to be certified nor marked with a particular company's certification trade mark.



Motorcycling Australia

The 2009 Manual of Motorcycle Sport Appendix 1 (link) (and various clauses) refers:

· to the Standards Association of Australian AS 1698 label which unfortunately is no longer available from the not-for-profit community owned organisation, referred to as Standards Association of Australia but now called SAIL.

· the standard AS 1698 which is no longer available as it was superseded by AS/NZS 1698 on the 20 February 2006.

As indicated above since 17 December 2003 Australian Standards or more correctly SAIL does not certify/approve products or supply the'5-ticks' sticker.

Unfortunately the manual does not reflect the actual marketplace by referring to a particular certification trade mark; this is also perhaps a restrictive trade practice.

The manual is outdated by refereeing to a standard that was superseded in February 2006.

These matters have been raised with Motorcycling Australia and it is suggested that in time they will update their manual to reflect the current marketplace.



Conclusion

Effectively since 17 December 2003 the Australian certification market place has been "opened up" to competitive privately owned companies.

The days of the '5-ticks' as being the only certification trade mark are long gone; the Government bodies and organisations mentioned above except for Motorcycling Australia (currently under review) have recognised this and kept pace with those marketplace changes which has assisted to deliver a more competitive marketplace.

From a consumer's perspective a competitive marketplace, overshadowed by Government legislation to ensure product safety, is desirable for many reasons.

The legislation and association guidelines indicated above require that a motor bike helmet must comply with a standard. However the only way to verify if a helmet complies with the standard is to test the helmet to the standard which destroys the helmet; making it un-fit for use. Accordingly most manufacturers'/agent's utilise the services of a third party certification company to assist them in demonstrating to the marketplace that their helmets fulfill standard requirements. This process is called product certification and is a voluntary process

In short certification markings are not mandatory.



p.s. There is considerable "lag' in Government/Association documentation to reflect the current valid motor cycle helmet standard in their documentation.

[Arnie]

Klavdy,

Thank you for updating my understanding of the rules concerning approved helmets in Aus.

I'll make sure to carry a copy of your post with all the references on my next trip to/from US.

And, this also means that I can dump all those photocopied 1698 stickers :-)

Cheers,
Arnie

[Harvy]

If I get done for mine you can be my beak!