If you’ve ever seen someone on a scooter, electric bike, or even a big, beefy Harley Davidson with an open helmet and wondered, “How is that legal?”, you’re not alone.
- There is no law against open helmets in Australia
- However, all helmets must meet either Australian/New Zealand or European standards
- Improper helmet use or failure to wear a helmet can result in fines
However, the fact is that it is legal to wear an open-face helmet while riding a motorcycle or other open-air device on the road, as long as the helmet meets certain requirements.
There are no specific laws for Australia that exclude different types of helmets. However, it should be noted that helmets used in Australia must comply with Australian/New Zealand Standard AS/NZS 1698:2006, Protective Helmets for Vehicle Users and/or Australian Standard (AS) 1698:1988, Protective Helmets for Vehicle Users.
Until recently these were the only options, but now riders can purchase a European helmet provided it complies with Regulation No. 22 of the United Nations Economic Commission for Europe (UNECE22.05 or UNECE22.06) and the Uniform Regulations for the Approval of Protective Helmets and their visors for drivers and passengers of motorcycles and mopeds.
If you’re curious, all helmets that meet the above strict legal requirements for protection, impact, penetration and support in the event of an impact, as well as all helmets in Australia, must be fitted with a chin strap.
Approved helmets will have a certification mark, sewn-in label or sticker to indicate compliance with the above standards. On European helmets it is usually sewn into the retention system.
It’s also worth noting that in some cases, tinted visors on full-face helmets may not be road legal. It’s worth checking with your state or territory authorities if you’re unsure about the laws.
It is a federal law requirement that all occupants of a motorcycle, moped, scooter or other vehicle of this type must wear a helmet.
Riding without a helmet can result in fines, both for the driver and for any passengers on the motorcycle. Fines vary by jurisdiction from $100 to $1,626, and up to nine penalty points can also apply.
You can also be fined for wearing an unapproved or damaged helmet.
Not intended as legal advice. Check with the relevant highway authority in your state or territory.