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Australian cyclists wearing helmets might still be at risk of a fine

Campaigners set up defence fund for those charged with cycling without a helmet

Australian cyclists are being warned to wear Australian standard helmets or face a fine. It seems that even helmets which would meet Australian safety standards are illegal if they are bought from overseas and lack the Australian standard sticker.

The Standard reports that the US-manufactured helmet worn by mountain biker Aidan Kampers was deemed to be unacceptable before a race in Canberra in 2012 as it lacked the crucial sticker.

"They check for the Australian standards to protect you [in] a crash. I respect that, but I also don't like the price which is why I went for the cheaper option. They're the exact same helmet. It can be frustrating at times."

Aussie cyclist fined for loosely fitting helmet

Kampers borrowed a helmet for the race, but said he hadn’t realised his own was illegal. According to Garry Brennan, of cycling advocacy group Bicycle Network: "If you purchase a helmet online from overseas that is not approved for Australia, as far as the law is concerned you are not wearing helmet at all."

The state of New South Wales is bringing in new legislation which will see the fine for not wearing a helmet rise from $71 to $319 in March – and it will also become compulsory for cyclists to carry photographic identification as well.

Needless to say, many are unhappy with the mandatory helmet law and one cyclist who has been fighting it for a number of years is Sue Abbott.

Abbott has been charged with not wearing a bicycle helmet on a number of occasions. She refuses to pay the fines and takes the matter to court. One fine in particular, from March 2014, resulted in six court appearances. In November 2015 she was found guilty and penalised a total of $560, which included a "victim of crime" levy. She was also handed a criminal conviction.

Struck by her story, two campaign groups, Freestyle Cyclists and Upright Bicycle Riders of Australia set up a fund to help her fight the charges. The campaign exceeded its target within 24 hours and Abbott’s court fine has been paid. All other donations will now go towards others facing helmet related charges.

Paul Oborn, founder of the Upright Bicycle Riders of Australia, said:

“Australian adults should have the right to choose for themselves, as they are free to do in just about every other country in the world. Why can’t a person riding a bicycle through a park in a quiet regional town in 40 degree heat wear a sunhat for skin protection, instead of being forced to wear the very same safety equipment as a road racing cyclist who’s zipping along at 50km/h through peak hour traffic in the city?”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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17 comments

Avatar
LastBoyScout | 7 years ago
1 like

They have some very odd rules about safety (and other things) that seem to be more about protecting Australian business interests than anything else.

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OldRidgeback | 7 years ago
1 like

Look on the bright side please. This strong anti-cycling sentiment will help deter Australians from cycling and will help reduce competition for Team GB at the Olympics. Now if only we can get countries like the US and Colombia to introduce more anti-cycling laws, then Team GB will be guaranteed a bigger medal haul in the future!

 1

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Pjrob | 8 years ago
1 like

When I have to wear a helmet, being in Australia, I choose to wear a Danish helmet. Now if you think about it, their helmets must be way better than Australian helmets as they have less deaths and head injuries per unit number of cyclists - so obviously their helmets are better, arent they! Its an argument stopper amongst Australian helmet true believers. They look at you with strange blank looks if you argue this because they have to face the unthinkable thought that its not helmets that save Danish cyclists but other things altogether like infrastructure and protective laws.

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Griffsters | 8 years ago
2 likes

Australia seems to be regressing? Are we witnessing the first signs of devolution of the human race here? Back to the primordial soup for Bruce & Sheila!

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CanAmSteve | 8 years ago
1 like

So visiting cyclists - perhaps even international stars attending a race - will have to buy a new helmet instantly upon arrival or be breaking the law? That sounds reasonable.

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mrmo replied to CanAmSteve | 8 years ago
2 likes

CanAmSteve wrote:

So visiting cyclists - perhaps even international stars attending a race - will have to buy a new helmet instantly upon arrival or be breaking the law? That sounds reasonable.

 

might help explain a bit

 

http://cyclingtips.com/2013/04/australian-helmet-standards-what-you-need...

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surly_by_name | 8 years ago
1 like

Imagine the police are delighted to have been given this particularly fulfilling task to perform. Agree with davel that the real risk is ex post facto (mostly ex post injurio) liability avoidance (including by insurers) where helmet fails to have the right sticker. The one thing Australians love more than pointless rules are pointless rules that encourage protectionism (see the Australian retail sector's rearguard action against online shopping, esp the comedy of Gerry Harvey crying poor).

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leaway2 | 8 years ago
5 likes

Wow, NSW really does hate cycling.

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davel | 8 years ago
2 likes

fenix wrote:

The police are not going to check for stickers. 

Probably not on people just riding around, but a concern is that it'll take victim-blaming to another level in the event of a collision.

"Yes, the deceased was wearing a helmet, but not a certified helmet..."

The argument's completely upside-down.

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fenix | 8 years ago
1 like

People are misunderstanding.

 

You do have to have your helmet for inspection at races - some just do fit, some will look for stickers - but that's pretty unusual.

 

The police are not going to check for stickers. 

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Bentrider | 8 years ago
3 likes

And at a stroke, a black market in safety stickers is created.

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dassie | 8 years ago
3 likes

The Australian authorities would acheive vastly more for cyclist safety by focusing the driving standards of motorists, rather than helmet safety standards.

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Wookie | 8 years ago
1 like

I was going to post something about Michael Jackson and his Popcorn but really can't be arsed 

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mrmo | 8 years ago
4 likes

this isn't really about helping cyclists though is it, more about how to make it as hard as possible short of an outright ban. 

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schlepcycling | 8 years ago
1 like

Almost completely unenforceable, are the police going to stop every cyclist to check their helmet has the right sticker in it?.

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CygnusX1 replied to schlepcycling | 8 years ago
1 like

schlepcycling wrote:

Almost completely unenforceable, are the police going to stop every cyclist to check their helmet has the right sticker in it?.

Possibly. Especially if it counts towards their conviction rate. 

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