What are the Rules of the Road on wearing a helmet on a motorbike?

Question:

I purchased a 150cc scooter and obtained a cyclist helmet. I feel it is comfortable and secure under my chin, what does the law state, and where can I look up the legislation?

I have looked at the road ordinance act and it doesn’;t mention anything about helmets. Am I allowed to wear this helmet on my scooter, surely a fall from a bike or from a scooter is basically the same thing? I want to be law abiding, can you please advise me?

Answer:

The relevant regulation is regulation 207 of the National Road Traffic Regulations.

I copy the regulation for you.

Compulsory wearing of protective helmet

Reg 207.    (1)       No person shall drive or be a passenger on a motor cycle, motor tricycle or a motor quadrucycle, or be a passenger in the side-car attached to a motor cycle, on a public road, unless he or she is wearing a protective helmet—

(a)        which is specially designed for use in connection with such cycle; and

(b)        which fits him or her properly and of which the chin strap is properly fastened under the chin.

(2)        After expiry of 3 years from the date of commencement of this regulation, no person shall drive or be a passenger on a pedal cycle on a public road unless he or she is wearing a protective helmet which fits him or her properly and of which the chin straps is properly fastened under the chin. (date 5 October 2004)

(3)        The driver of a motor cycle, motor tricycle, motor quadrucycle or pedal cycle shall ensure that any passenger in or on such cycle who is younger than 14 years, complies with the provisions of subregulation (1) or (2), as the case may be.

(4)        Notwithstanding the provisions of subregulations (1) and (3), the driver and passengers of a motor cycle—

(a)        equipped with a seatbelt anchorages that comply with the requirements of standard specification SABS 1430 “Motor vehicle safety – anchorages for restraining devices in motor vehicles”, for the driver and passengers (if any);

(b)        the engine of which can not move unless the driver and passengers (if any), of the motor cycle wears the seatbelt referred to in paragraph (a); and

(c)        that complies with the requirements of annex II of the standard specification SABS 1440 “Motor vehicle safety – The steering mechanism of motor vehicles (M₁ only) – behaviour on impact,

may drive or be passengers on such motor cycle on a public road while not wearing a protective helmet.

;

Alta Swanepoel & Associates

What are the Rules of the Road on wearing a helmet on a motorbike?