New South Wales - Bicycles and Helmets

History

  • There was a general exemption for Sikhs in religious consideration for Sikhs who wore turbans from wearing a bicycle helmet. Exemptions were valid until 1 January 1992 after which all exemptions were removed. See document titled Evaluation of the NSE Introduction of Compulsory Bicycle Helmet Legislation for further information regarding these previously issued exemptions.

Current status

  • All Australian states and territories, except NSW have provided for an exemption (general, specific or by application) from the bicycle helmet requirement for Sikhs that wear a Dastaar.

  • New South Wales law does not presently provide for a general, specific or ‘by application’ exemption for Sikhs wishing to ride a bicycle without a helmet.

  • An extract of the applicable law regarding helmets and bicycles in New South Wales is contained below (emphasis added).

Law change

Road Rules 2014

256   Bicycle helmets

(1)  The rider of a bicycle must wear an approved bicycle helmet securely fitted and fastened on the rider’s head, unless the rider is exempt from wearing a bicycle helmet under another law of this jurisdiction.

Maximum penalty—20 penalty units.

Note—

Approved bicycle helmet is defined in the Dictionary.

(2)  A passenger on a bicycle that is moving, or is stationary but not parked, must wear an approved bicycle helmet securely fitted and fastened on the passenger’s head, unless the passenger is—

(a)  a paying passenger on a three or four-wheeled bicycle, or

(b)  exempt from wearing a bicycle helmet under another law of this jurisdiction.

Maximum penalty—20 penalty units.

(3)  The rider of a bicycle must not ride with a passenger on the bicycle unless the passenger complies with subrule (2).

Maximum penalty—20 penalty units.

State specific Sikh bicycle helmet laws: