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Folks,
Due to the recent interest and debat on this important topic I have openned a new thread with information from my research and discussion with various authorities.
Disclaimer;
I am not a lawyer so don't take any notice of my views. These views are based on my interpretation of road regulations, gazettes and conversations and emails with the NSW, Vic and Qld road authorities, Standards Australia, a major helmet importer and the NSW and Vic police.
This information relates to NSW, Vic and Qld only. The other states are probably similar as the states are moving towards uniform road rules. Also, as most helmet suppliers will not make state specific helmets the requirements are dictated by the most severe state.
Definitions;
Certification Sticker means an AS/NZ1698 (AS1698) Certification Sticker (5 ticks symbol) affixed to the outside shell of the helmet.
Certification label means an AS/NZ1698 certification label (5 ticks symbol) sewn on to the lining of the helmet so it is not covered by padding etc. This is different to the label giving care instructions, size etc.
Certification Mark means the AS/NZ1698 Certification emblem (5 ticks symbol) of any type ie label, sticker etc.
AS1698 also means AS/NZ1698
The Short Answers (Legislative View - which is different to the enforcement)
What Helmets are Approved for use in Vic, NSW and Qld? Only those that have been tested and comply with AS/NZ1698. No other standards are acceptable.
Is the External AS1698 Certification Sticker required? An external sticker is not required in Vic, NSW or Qld. However, removing an existing sticker is regarded as a change to the helmet voiding the certification.
Is any Certification mark required? Only Vic regulations specifically require the Certification Mark. NSW and Queensland do not specify that the helmet must have the Certification Mark (either sticker or label). However, in practice it is expected and you will most probably be booked for not wearing an approved helmet if you remove the Certicification Sticker / Label.
General View of the Authorities
The accepted view, held by the road authorities and the police is that an external sticker is required. If your helmet does not have the external sticker you may be charged for not wearing a complying helmet and then need to go to court to prove that your helmet complies. It appears that this is not a legal requirement.
It appears that in practice all AS/NZ1698 complying helmets have the sticker attached to the outside. If your helmet had both a certification label and a sticker which was later removed it is viewed as no longer complying.
Is the Sticker Required? Yes and No.
It seems that the authorities have assumed that a AS1698 certification mark (by practice a sticker) must be affixed to comply with AS1698. This is not the case. It only needs to be affixed if specifically required by the relevant state authorities (see AS\NZ1698 subsection g of Section 8 Marking below).
According to the relevant state's regulations an AS1698 certification mark (not necessarily a sticker) is required in Victoria but not NSW and Qld. However, the expectation in NSW, Qld and Victoria is that the helmet must have a sticker - this is what the police will enforce.
If a supplier only provided a sewn label on the inside of the helmet that would be all that is required according to the Victorian law (remember, technically NSW and Qld do not require a certification mark at all). However, as the practice is to look for the sticker you may well be stopped and then need to convince the police or the court that your helmet complies.
The NSW and Vic police agreed that if the helmet only had a label (and never had a sticker which was later removed) the helmet would comply. However, this was only conceded after discussing the various regulations - something the Highway patrol would probably not be interested in doing. The response would probably be an "invitation to discuss it in front of a judge".
I have not spoken to the Qld police but I would expect that they would have a similar view to NSW and Vic. Certainly Qld Dept of Transport do not specify if the marking needs to be external or internal.
Catch 22 - You Have to Have the Sticker Anyway.
The external sticker has security features - ie a pattern or the word Void appears if it is removed. As far as I can see there is no statutory prohibition to removing this sticker. However, according to Standards Australia info page "If any change in design, materials or any other feature of the helmet occurs, it must be submitted again for testing and verification". The generally held view is that removing the Certification Sticker amounts to a "change to the helmet" and therefore it does not comply. Of course it can be argued that this is an absurd interpretation.
See background info below for the relevant regulations / Correspondence.
Australian Standards Are Substandard ?
Some have suggested the Australian Standards are shite.
I discussed this and the issue of AS1698 stickers with a major importer of motorcycle helmets. His view is that the Australian standards are rigorous and that helmets manufactured overseas to different standards may not pass the Australian test.
The US Snell test and the Australian test are similar. Both are much more rigorous than the DOT requirements and the EU standard.
The DOT standard does not have batch testing and a lower impact requirement than the Aust Standard.
The European standard is specifically designed for lighter helmets, need to survive only 1 impact and do not test penetration, unlike the Aust and DOT standards.
Background Info.
AS1698 "Mark"
AS1698 does not specify where or what form the AS1698 "mark" must take. It must be permanent, easily read, legible and not covered by padding so a sewn label would meet these requirements (at least initially).
Until recently complying helmets only had an AS1698 sticker attached to the exterior of the shell. Today, I looked at many different brands of helmet and now they have both the sticker and an AS1698 label sewn on the inside.
In NSW and Qld a "complying helmet" is defined by the respective road authorities as being one that complies with AS1698. There is no mention of labelling in either case (even though the Qld Gov website explicitly states that the helmet must "carry an AS1698 sticker" despite this not being a requirement of the legislation).
In Vic the regulation states the motorcyclist must wear an approved helmet and it is gazetted that it must comply with AS/NZ1698 AND marked with an official standards mark. It does not state that it must be a sticker or where it is even though the Vic MC handbook states this is a requirement.
It should be noted that the various state MC handbooks are not regulations, simply interpretations of the regulations (which may not be entirely accurate). Only the Victorian regulation explicitly states that the helmet must have a "standards mark" but not what or where this mark should be.
Summary of Major Importers View
Currently two companies do certification. These are SAI Global Aust and a co called BSI (previously called Benchmark).
SAI issue stickers to the manufacturer / importer once the helmet batch has been tested and certified. The stickers can only be attached to the outside of the helmet to meet the AS/NZ1698 labelling provisions (permanent, legible)
BSI/Benchmark issues a certificate of compliance and the manufacturer sources the "marking" device. By practice this is a sticker.
Even though sewn labels are not excluded it is unlikely they will comply with the labelling requirement that they be "........permanently and legibly marked so that the marking can be easily read ......." as soiling of the liner label will make it ineligible.
________________________________________________
Helmet Standards / Regulations
AS1698 Marking
Note; it is up to the regulatory body to dictate if the certification mark is required. "Technically" Vic requires the mark, NSW and Qld don't.
8 MARKING. (same as per AS/NZs 1698)
Each helmet shall be permanently and legibly marked in letters no less than 1.5 mm, in such a manner that the marking can be easily read without the removal of padding, or any permanent part, with the following:
(a) Name of the manufacturer.
(b) Model designation.
© Size.
(d) Month and year of manufacture (may be spelled out, e.g. ?July 2005, or in figures, e.g. ?7/05?).
(e) The words Vehicle Users Helmet.
(f) Instructions to user:
(i) Shell and liner constructed of (identify type(s) of material).
(ii) Helmet may be seriously damaged by substances such as petrol, paint, adhesives, or cleaning agents.
(iii) Make no modifications.
(iv) Fasten helmet securely.
(v) If helmet experiences a severe blow, destroy it and replace it.
(vi) Ensure that any visor attached to this helmet meets the requirements of AS 1609.
(g) The certification mark (where required by Statutory Authorities).
________________________________________________________________
NSW Info
Excerpt from RTA NSW email;
With regard to the NSW Motorcycle Rider's Handbook, it states that, "Motorcycle riders are required to wear a motorcycle safety helmet approved to Australian Standards AS 1698 when riding a motorcycle." It does not state that this 'mark' must be on the outside of a helmet, even though this is typically the most common location for the 'mark'.
The provision in the legislation that requires the rider of a motorcycle to wear a helmet is rule 270 of Road Rules 2008.
The rule provides that an approved motorcycle helmet is one that is of a type approved by the NSW RTA. The NSW RTA has approved any helmet that meets the Australian Standard AS 1698.
The NSW RTA's role is not to determine where the sticker or label carrying the standards mark is appears or is attached to the helmet. The RTA is not responsible for labelling helmets. The standards certifying authority may determine where the sticker or label carrying the standards mark is placed.
It is up the individual to satisfy the NSW Police that the helmet is compliant with the AS 1698 standard. Provided that the individual is able to demonstrate this, be it by referring to a sticker or label carrying the 'mark' on the outside of the helmet, or the inside of the helmet, there should be no reason why the rider will be fined or otherwise.
ST Note; I could not find the definition of an approved helmet to see if it actually required the AS1698 mark similar to Qld's regulation (vs Vics regulations). However it is clear from the info above that an external sticker is not a requirement.
_________________________________________________
Qld Regulations.
Use of Helmet;
S270 of the Transport Operations (Road Use Management-Road Rules) Regulation 1999
270 Wearing motorbike helmets
(1)The rider of a motorbike that is moving, or is stationary but
not parked, must-
(a)wear an approved motorbike helmet securely fitted and
fastened on the rider's head; and
(b)not ride with a passenger unless the passenger complies
with subsection (2).
Definition of Approved helmet;
Transport Operations (Road Use Management-Road Rules) Regulation 1999
Schedule 6 Section 4 Dictionary.
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.
Note; Qld regulations do not specify that a certification mark is required.
Excerpt from Qld Dep of Transport email
Subject: Re: Placement of AS1698 Stickers on Motorcycle Helmets
As part of AS1698 a marking label must be attached indicating its approval under the standard (Steventh note; this is not a requirement of the Standard unless specified by the relevant authority ie Qld Dep of Transport. Qld DOT have confirmed they have no requirements in addition to those specified in AS1698).The requirements for what must be shown on this marking and how it must be attached is outlined clearly in this standard and no additional requirements are stipulated by the Department.
As for your specific enquiry as to whether the marking is external or internal, there is no stipulation made in the standard except that it must be easily identifiable and not obscured by padding or alike.
The requirement to wear an approved motorcycle helmet is outlined in the Transport Operations (Road Use Management - Road Rules) Regulation 1999, which is enforced by Officers of the Queensland Police. For any further interpretation of this rule, I would suggest contacting your local district traffic branch for their opinion.
_________________________________________________
Vic Regulations.
Use of Helmet;
Victoria Government Gazette. No. P2 Thursday 28 October 1999
S 270. Wearing motor bike helmets
(1)The rider of a motor bike that is moving, or is stationary but not parked,
must-
(a)wear an approved motor bike helmet securely fitted and fastened on
the rider's head; and
(b)not ride with a passenger unless the passenger complies with
subrule (2).
(2)A passenger on a motor bike that is moving, or is stationary but not parked,
must wear an approved motor bike helmet securely fitted and fastened on the
passenger's head.
(3)In this rule-
approved motor bike helmet means a protective helmet for motor bike
riders that is approved, by the Corporation by notice in the Government
Gazette;
Definition of Approved helmet;
Note; Vic regulations require the AS1698 certification mark but do not specify the type or placement.
Due to the recent interest and debat on this important topic I have openned a new thread with information from my research and discussion with various authorities.
Disclaimer;
I am not a lawyer so don't take any notice of my views. These views are based on my interpretation of road regulations, gazettes and conversations and emails with the NSW, Vic and Qld road authorities, Standards Australia, a major helmet importer and the NSW and Vic police.
This information relates to NSW, Vic and Qld only. The other states are probably similar as the states are moving towards uniform road rules. Also, as most helmet suppliers will not make state specific helmets the requirements are dictated by the most severe state.
Definitions;
Certification Sticker means an AS/NZ1698 (AS1698) Certification Sticker (5 ticks symbol) affixed to the outside shell of the helmet.
Certification label means an AS/NZ1698 certification label (5 ticks symbol) sewn on to the lining of the helmet so it is not covered by padding etc. This is different to the label giving care instructions, size etc.
Certification Mark means the AS/NZ1698 Certification emblem (5 ticks symbol) of any type ie label, sticker etc.
AS1698 also means AS/NZ1698
The Short Answers (Legislative View - which is different to the enforcement)
What Helmets are Approved for use in Vic, NSW and Qld? Only those that have been tested and comply with AS/NZ1698. No other standards are acceptable.
Is the External AS1698 Certification Sticker required? An external sticker is not required in Vic, NSW or Qld. However, removing an existing sticker is regarded as a change to the helmet voiding the certification.
Is any Certification mark required? Only Vic regulations specifically require the Certification Mark. NSW and Queensland do not specify that the helmet must have the Certification Mark (either sticker or label). However, in practice it is expected and you will most probably be booked for not wearing an approved helmet if you remove the Certicification Sticker / Label.
General View of the Authorities
The accepted view, held by the road authorities and the police is that an external sticker is required. If your helmet does not have the external sticker you may be charged for not wearing a complying helmet and then need to go to court to prove that your helmet complies. It appears that this is not a legal requirement.
It appears that in practice all AS/NZ1698 complying helmets have the sticker attached to the outside. If your helmet had both a certification label and a sticker which was later removed it is viewed as no longer complying.
Is the Sticker Required? Yes and No.
It seems that the authorities have assumed that a AS1698 certification mark (by practice a sticker) must be affixed to comply with AS1698. This is not the case. It only needs to be affixed if specifically required by the relevant state authorities (see AS\NZ1698 subsection g of Section 8 Marking below).
According to the relevant state's regulations an AS1698 certification mark (not necessarily a sticker) is required in Victoria but not NSW and Qld. However, the expectation in NSW, Qld and Victoria is that the helmet must have a sticker - this is what the police will enforce.
If a supplier only provided a sewn label on the inside of the helmet that would be all that is required according to the Victorian law (remember, technically NSW and Qld do not require a certification mark at all). However, as the practice is to look for the sticker you may well be stopped and then need to convince the police or the court that your helmet complies.
The NSW and Vic police agreed that if the helmet only had a label (and never had a sticker which was later removed) the helmet would comply. However, this was only conceded after discussing the various regulations - something the Highway patrol would probably not be interested in doing. The response would probably be an "invitation to discuss it in front of a judge".
I have not spoken to the Qld police but I would expect that they would have a similar view to NSW and Vic. Certainly Qld Dept of Transport do not specify if the marking needs to be external or internal.
Catch 22 - You Have to Have the Sticker Anyway.
The external sticker has security features - ie a pattern or the word Void appears if it is removed. As far as I can see there is no statutory prohibition to removing this sticker. However, according to Standards Australia info page "If any change in design, materials or any other feature of the helmet occurs, it must be submitted again for testing and verification". The generally held view is that removing the Certification Sticker amounts to a "change to the helmet" and therefore it does not comply. Of course it can be argued that this is an absurd interpretation.
See background info below for the relevant regulations / Correspondence.
Australian Standards Are Substandard ?
Some have suggested the Australian Standards are shite.
I discussed this and the issue of AS1698 stickers with a major importer of motorcycle helmets. His view is that the Australian standards are rigorous and that helmets manufactured overseas to different standards may not pass the Australian test.
The US Snell test and the Australian test are similar. Both are much more rigorous than the DOT requirements and the EU standard.
The DOT standard does not have batch testing and a lower impact requirement than the Aust Standard.
The European standard is specifically designed for lighter helmets, need to survive only 1 impact and do not test penetration, unlike the Aust and DOT standards.
Background Info.
AS1698 "Mark"
AS1698 does not specify where or what form the AS1698 "mark" must take. It must be permanent, easily read, legible and not covered by padding so a sewn label would meet these requirements (at least initially).
Until recently complying helmets only had an AS1698 sticker attached to the exterior of the shell. Today, I looked at many different brands of helmet and now they have both the sticker and an AS1698 label sewn on the inside.
In NSW and Qld a "complying helmet" is defined by the respective road authorities as being one that complies with AS1698. There is no mention of labelling in either case (even though the Qld Gov website explicitly states that the helmet must "carry an AS1698 sticker" despite this not being a requirement of the legislation).
In Vic the regulation states the motorcyclist must wear an approved helmet and it is gazetted that it must comply with AS/NZ1698 AND marked with an official standards mark. It does not state that it must be a sticker or where it is even though the Vic MC handbook states this is a requirement.
It should be noted that the various state MC handbooks are not regulations, simply interpretations of the regulations (which may not be entirely accurate). Only the Victorian regulation explicitly states that the helmet must have a "standards mark" but not what or where this mark should be.
Summary of Major Importers View
Currently two companies do certification. These are SAI Global Aust and a co called BSI (previously called Benchmark).
SAI issue stickers to the manufacturer / importer once the helmet batch has been tested and certified. The stickers can only be attached to the outside of the helmet to meet the AS/NZ1698 labelling provisions (permanent, legible)
BSI/Benchmark issues a certificate of compliance and the manufacturer sources the "marking" device. By practice this is a sticker.
Even though sewn labels are not excluded it is unlikely they will comply with the labelling requirement that they be "........permanently and legibly marked so that the marking can be easily read ......." as soiling of the liner label will make it ineligible.
________________________________________________
Helmet Standards / Regulations
AS1698 Marking
Note; it is up to the regulatory body to dictate if the certification mark is required. "Technically" Vic requires the mark, NSW and Qld don't.
8 MARKING. (same as per AS/NZs 1698)
Each helmet shall be permanently and legibly marked in letters no less than 1.5 mm, in such a manner that the marking can be easily read without the removal of padding, or any permanent part, with the following:
(a) Name of the manufacturer.
(b) Model designation.
© Size.
(d) Month and year of manufacture (may be spelled out, e.g. ?July 2005, or in figures, e.g. ?7/05?).
(e) The words Vehicle Users Helmet.
(f) Instructions to user:
(i) Shell and liner constructed of (identify type(s) of material).
(ii) Helmet may be seriously damaged by substances such as petrol, paint, adhesives, or cleaning agents.
(iii) Make no modifications.
(iv) Fasten helmet securely.
(v) If helmet experiences a severe blow, destroy it and replace it.
(vi) Ensure that any visor attached to this helmet meets the requirements of AS 1609.
(g) The certification mark (where required by Statutory Authorities).
________________________________________________________________
NSW Info
Excerpt from RTA NSW email;
With regard to the NSW Motorcycle Rider's Handbook, it states that, "Motorcycle riders are required to wear a motorcycle safety helmet approved to Australian Standards AS 1698 when riding a motorcycle." It does not state that this 'mark' must be on the outside of a helmet, even though this is typically the most common location for the 'mark'.
The provision in the legislation that requires the rider of a motorcycle to wear a helmet is rule 270 of Road Rules 2008.
The rule provides that an approved motorcycle helmet is one that is of a type approved by the NSW RTA. The NSW RTA has approved any helmet that meets the Australian Standard AS 1698.
The NSW RTA's role is not to determine where the sticker or label carrying the standards mark is appears or is attached to the helmet. The RTA is not responsible for labelling helmets. The standards certifying authority may determine where the sticker or label carrying the standards mark is placed.
It is up the individual to satisfy the NSW Police that the helmet is compliant with the AS 1698 standard. Provided that the individual is able to demonstrate this, be it by referring to a sticker or label carrying the 'mark' on the outside of the helmet, or the inside of the helmet, there should be no reason why the rider will be fined or otherwise.
ST Note; I could not find the definition of an approved helmet to see if it actually required the AS1698 mark similar to Qld's regulation (vs Vics regulations). However it is clear from the info above that an external sticker is not a requirement.
_________________________________________________
Qld Regulations.
Use of Helmet;
S270 of the Transport Operations (Road Use Management-Road Rules) Regulation 1999
270 Wearing motorbike helmets
(1)The rider of a motorbike that is moving, or is stationary but
not parked, must-
(a)wear an approved motorbike helmet securely fitted and
fastened on the rider's head; and
(b)not ride with a passenger unless the passenger complies
with subsection (2).
Definition of Approved helmet;
Transport Operations (Road Use Management-Road Rules) Regulation 1999
Schedule 6 Section 4 Dictionary.
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.
Note; Qld regulations do not specify that a certification mark is required.
Excerpt from Qld Dep of Transport email
Subject: Re: Placement of AS1698 Stickers on Motorcycle Helmets
As part of AS1698 a marking label must be attached indicating its approval under the standard (Steventh note; this is not a requirement of the Standard unless specified by the relevant authority ie Qld Dep of Transport. Qld DOT have confirmed they have no requirements in addition to those specified in AS1698).The requirements for what must be shown on this marking and how it must be attached is outlined clearly in this standard and no additional requirements are stipulated by the Department.
As for your specific enquiry as to whether the marking is external or internal, there is no stipulation made in the standard except that it must be easily identifiable and not obscured by padding or alike.
The requirement to wear an approved motorcycle helmet is outlined in the Transport Operations (Road Use Management - Road Rules) Regulation 1999, which is enforced by Officers of the Queensland Police. For any further interpretation of this rule, I would suggest contacting your local district traffic branch for their opinion.
_________________________________________________
Vic Regulations.
Use of Helmet;
Victoria Government Gazette. No. P2 Thursday 28 October 1999
S 270. Wearing motor bike helmets
(1)The rider of a motor bike that is moving, or is stationary but not parked,
must-
(a)wear an approved motor bike helmet securely fitted and fastened on
the rider's head; and
(b)not ride with a passenger unless the passenger complies with
subrule (2).
(2)A passenger on a motor bike that is moving, or is stationary but not parked,
must wear an approved motor bike helmet securely fitted and fastened on the
passenger's head.
(3)In this rule-
approved motor bike helmet means a protective helmet for motor bike
riders that is approved, by the Corporation by notice in the Government
Gazette;
Definition of Approved helmet;
Note; Vic regulations require the AS1698 certification mark but do not specify the type or placement.
