Australian Capital Territory Numbered Regulations

FAIR TRADING (CONSUMER PRODUCT STANDARDS) REGULATION 2009 (NO 19 OF 2009) - SCHEDULE 20

Schedule 20     Protective helmets for pedal cyclists

(see s 7)

20.1     Definitions—sch 20

In this schedule:

AS/NZS 2063 means the Australian/New Zealand Standard entitled AS/NZS 2063:1996, Pedal cycle helmets published jointly by Standards Australia and Standards New Zealand on 5 May 1996, as amended by Amendment No 1 of 5 November 1996.

AS/NZS 2512.1 means the Australian/New Zealand Standard entitled AS/NZS 2512.1:1998, Methods of testing protective helmets, Method 1: Definitions and headforms , as published jointly by Standards Australia and Standards New Zealand on 5 September 1998.

Note     AS/NZS 2063 and AS/NZS 2512.1 may be purchased at www.standards.org.au.

"protective helmet" means a helmet designed to mitigate the adverse effects of a blow to the head.

"Snell standard" means the standard entitled 1995 Standard for Protective Headgear for Use in Bicycling including the Child Helmet Addendum to Standards for Protective Headgear published by the Snell Memorial Foundation of the United States of America.

Note     The Snell standard is accessible at www.smf.org.

20.2     Safety standard—protective helmets

A protective helmet for pedal cyclists must comply with—

        (a)     AS/NZS 2063 as amended by table 20.4; or

        (b)     the Snell standard as amended by section 20.5.

20.3     Exceptions—sch 20

    (1)     This schedule does not apply to the following helmets:

        (a)     helmets that are of a size too small to be fitted to Headform A (as specified in AS/NZS 2512.1, table 2);

        (b)     helmets that are designed and constructed principally for use by cyclists engaged in competitive racing and that are marked in accordance with subsection (2);

        (c)     helmets that are designed and constructed principally for use as toys and that are marked in accordance with subsection (3), or that are not so marked but are unlikely to be mistaken for helmets providing significant protection against impact.

    (2)     A helmet mentioned in subsection (1) (b) is marked in accordance with this subsection if it has the words ‘WARNING: racing headgear only—inadequate impact protection for normal road use' marked clearly and legibly in a conspicuous position—

        (a)     on the helmet or on a label attached to the helmet; and

        (b)     on a main outer display face of any packaging in which the helmet is supplied.

    (3)     A helmet mentioned in subsection (1) (c) is marked in accordance with this subsection if it has the words ‘WARNING: toy helmet only—do not use as safety headgear' marked clearly and legibly in a conspicuous position—

        (a)     on the helmet or on a label attached to the helmet; and

        (b)     on a main outer display face of any packaging in which the helmet is supplied.

    (4)     The word ‘WARNING' to be marked on a helmet under subsection (2) or (3) must be in capital letters at least 5mm high and the remaining words to be marked on a helmet under the subsection must be in letters at least 2.5mm high.

20.4     Amendment of AS/NZS 2063

For this schedule, AS/NZS 2063 is taken to be amended as mentioned in table 20.4.

Table 20.4     Amendments of AS/NZS 2063 for sch 20
[20.1]     Clause 1 omit
[20.2]     New clause 5.7 insert 5.7     BMX Helmets     Helmets designed and constructed mainly for use by cyclists engaged in BMX competition racing need not comply with provisions regarding ventilation openings or type testing.
[20.3]     Clause 8.1 (e) omit

20.5     Amendment of Snell standard

A person is not required to comply with a provision of the Snell standard that requires the person to obtain third-party certification of a helmet.