Victorian Road Rule Changes

Victorian Road Rule Changes Concerning Motorcycle as 1 July 2017

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legislation.vic.gov.au

270 Wearing motor bike helmets

(1) The rider of 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 rider's head; and not ride with a passenger unless the passenger complies with subrule (2).

Penalty: 10 penalty units.

NoteMotor bike and park are defined in the dictionary.

(IA) However, the rider of a motor bike that is moving, or is stationary but not parked, is exempt from wearing an approved motor bike helmet if—

  1. the motor bike's engine is not on; and
  2. the rider is pushing the motor bike; and
  3. in the circumstances, it is safe for the rider not to wear the helmet.

(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.

Penalty: 10 penalty units.

(3) In this rule-

approved motor bike helmet means a protective helmet for motor bike riders that is approved, for the purposes of these Rules, by the Corporation under rule 407(d);
passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.

271 Riding on motor bikes and motor cycles

(1) The rider of a motor bike that is moving (other than a rider who is walking beside and pushing a motor bike), or the rider of a motor bike that is stationary but not parked, must—

  1. sit astride the rider's seat facing forwards; and
  2. if the motor bike is moving-keep at least one hand on the handlebars; and
  3. if the motor bike is moving—keep both feet on the footrests designed for use by the rider of the motor bike, unless the motor bike is moving at less than 10 kilometres per hour and either-
  1. the rider is manoeuvring the motor bike in order to park the motor bike; or
  2. the motor bike is decelerating to come to a stop; or
  3. the motor bike is accelerating from being stopped.

Penalty: 5 penalty units.

Note  Motor bike and park are defined in the dictionary.

 (IA) The rider of a motor bike that is moving may—

(a) stand on the motor bike's footrests or footboard designed for the rider's use if-

  1. the rider has both feet on the footrests or footboard; and
  2. in the circumstances, it is safe for the rider to do so; or

(b) remove a foot from the footrest or footboard designed for the rider's use if-

  1. the rider is sitting on the rider's seat; and
  2. at least one foot is on a footrest or footboard; and
  3. in the circumstances, it is safe for the rider to do so.

(2) A passenger on a motor bike (except a passenger in a sidecar or on a seat designed for a passenger, other than a pillion seat) that is moving, or is stationary but not parked, must—

  1. sit astride the pillion seat facing forwards; and
  2. keep both feet on the footrests designed for use by a pillion passenger on the motor bike. Penalty: 10 penalty units.

(3) The rider of a motor cycle must not ride with a passenger (except a passenger in a sidecar or other seat designed for a passenger) unless the passenger complies with subrule (2).

Penalty: 10 penalty units.

Note  Motor cycle is defined in the Road Safety Act 1986.

(4) The rider of a motor cycle must not ride with more than one passenger (excluding any passenger in a sidecar or other seat designed for a passenger, other than a pillion seat).

Penalty: 10 penalty units.

(5) The rider of a motor bike must not ride with more passengers in a sidecar, or on a seat designed for a passenger, than the sidecar, or seat, is designed to carry.

Penalty: 10 penalty units.

  1. The rider of a motor bike must not ride with a passenger who is under 8 years old unless the passenger is in a sidecar.

Penalty: 10 penalty units.

  1. A passenger must not ride in a sidecar of a motor bike unless the passenger is seated safely.

Penalty: 10 penalty units.

  1. The rider of a motor bike must not ride with a passenger in a sidecar unless the passenger complies with subrule (5B).

Penalty: 10 penalty units.

(6) A provision of this rule does not apply to a person if—

  1. the Corporation has, by notice in writing, exempted the person from the provision; and
  2. the person-

(i) is carrying written evidence of that exemption; and

(ii) produces that evidence to a police officer or authorised person when asked to do so.

Note

Authorised person and police officer are defined in the dictionary.