WHO Region: EURO / United Kingdom
Helmet Legislation
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Motorcycle helmet use
The Motorcycles (Protective Helmets) Regulations 1998
http://www.opsi.gov.uk/si/si1998/19981807.htm
The Motorcycles (Protective Headgear) Regulations (Northern Ireland) 1999
http://www.opsi.gov.uk/sr/sr1999/19990170.htm
Extracts below:
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Statutory Instrument 1998 No.
1807
The Motor Cycles (Protective Helmets)
Regulations 1998
© Crown Copyright 1998
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the The Motor Cycles (Protective Helmets)
Regulations 1998 , ISBN 0 11 079337 4. The print
version may be purchased by clicking here. Braille
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STATUTORY INSTRUMENTS
1998 No. 1807
ROAD TRAFFIC
The Motor Cycles (Protective Helmets) Regulations 1998
Made
22nd July 1998
Laid before Parliament
30th July 1998
Coming into force
21st August 1998
The Secretary of State for the Environment, Transport and the Regions, in
exercise of the powers conferred by sections 16 and 17 of the Road Traffic Act
1988[1], and after consultation with representative organisations in accordance
with the provisions of section 195(2) of that Act, hereby makes the following
Regulations: Citation and commencement
1. These Regulations may be cited as the Motor Cycles (Protective Helmets)
Regulations 1998 and shall come into force on 21st August 1998.
Revocation
2. The Regulations specified in Schedule 1 to these Regulations are hereby
revoked.
Interpretation
3. In these Regulations (a) "EEA State" means a State which is a contracting party to the
Agreement on the European Economic Area signed at Oporto on 2nd
May 1992 as adjusted by the Protocol signed at Brussels on 17th March
1993[2];
(b) a reference to a numbered regulation is a reference to the regulation
so numbered in these Regulations; and
(c) a reference to a numbered paragraph is a reference to the paragraph so
numbered in the regulation in which the reference occurs.
Protective headgear
4. - (1) Save as provided in paragraph (2), every person driving
or riding (otherwise than in a side-car) on a motor bicycle when on a
road shall wear protective headgear.
(2) Nothing in paragraph (1) shall apply to any person driving or
riding on a motor bicycle if (a) it is a mowing machine; or
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(b) it is for the time being propelled by a person on foot.
(3) In this regulation "motor bicycle" means a two-wheeled motor cycle, whether or not
having a side-car attached, and for the purposes of this definition where
the distance measured between the centre of the area of contact with the
road surface of any two wheels of a motor cycle is less than 460
millimetres, those wheels shall be counted as one wheel;
"protective headgear" means a helmet which (a) either (i) bears a marking applied by its manufacturer indicating
compliance with the specifications contained in one of the
British Standards (whether or not as modified by any
amendment) mentioned in Schedule 2 to these Regulations; or
(ii) is of a type manufactured for use by persons on motor cycles
which by virtue of its shape, material and construction could
reasonably be expected to afford to the wearer a degree of
protection from accidental injury similar to or greater than that
provided by a helmet of a type prescribed by regulation 5;
(b) if worn with a chin cup attached to or held in position by
a strap, is provided with an additional strap (to be fastened
under the wearer's jaw) for securing the helmet to the head;
and
(c) is securely fastened to the head by means of straps
provided for that purpose; and
"strap" includes any fastening device.
Prescribed types of recommended helmet
5. - (1) The types of helmet hereby prescribed as types of helmet
recommended as affording protection to persons on or in motor
cycles from injury in the event of an accident are helmets which as
regards their shape, construction and other qualities conform (a) with British Standard 6658:1985 as amended by Amendment Slip
number 1 published on 28th February 1986 and are marked with the
number of that standard, or
(b) with any other standard accepted by an EEA State which offers in use
equivalent levels of safety, suitability and fitness for purpose and are
marked with a mark to indicate that standard,
and in either case are marked with an approved certification mark of an
approved body (whether or not they are required to be so marked by the
standard in point).
(2) For the purposes of this regulation (a) an approved certification mark is -
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(i) the certification mark of the British Standards Institution; or
(ii) a certification mark which indicates that a conformity
assessment equivalent to that of the British Standards Institution
has been undertaken, and
(b) an approved body is (i) the British Standards Institution; or
(ii) any body approved by an EEA State to undertake
conformity assessments equivalent to those undertaken by the
British Standards Institution.
Saving for the Trade Descriptions Act 1968 and the Consumer
Protection Act 1987
6. Nothing in regulation 5(1) shall be taken to authorise any
person to apply any number or mark referred to therein in
contravention of the Trade Descriptions Act 1968[3] or the
Consumer Protection Act 1987[4].
Signed by authority of the Secretary of State for the Environment,
Transport and the Regions
Helene Hayman
Parliamentary Under Secretary of State, Department of the
Environment, Transport and the Regions
22nd July 1998
SCHEDULE 1
Regulation 2
REVOCATIONS
(1)
(2)
Orders revoked
References
The Motor Cycles (Protective Helmets) Regulations 1980
S.I.
1980/1279
The Motor Cycles (Protective Helmets) (Amendment)
Regulations 1981
S.I. 1981/374
The Motor Cycles (Protective Helmets) (Amendment)
Regulations 1986
S.I. 1986/472
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SCHEDULE 2
Regulation 4(3)
BRITISH STANDARDS
1. British Standard 2001:1956 as amended by the following Amendment
Slips Number
Date of Publication
1
11th January 1957
2
23rd November 1959
3
27th February 1962
4
11th June 1964
5
13th March 1968
6
18th February 1972
2. British Standard 1869:1960 as amended by the following Amendment
Slips Number
Date of Publication
1
29th May 1963
4
3rd December 1965
5
13th March 1968
6
10th August 1971
7
3rd January 1972
8
15th May 1973
9
1st February 1974
10
2nd September 1974
11
1st March 1975
3. British Standard 2495:1960 as amended by the following Amendment
Slips Number
Date of Publication
1
29th May 1963
2
22nd February 1965
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4
22nd July 1966
5
10th August 1971
6
3rd January 1972
7
1st February 1974
8
1st March 1975
Submitted to GSRRS 2008
4. British Standard 2001:1972 as amended by the following Amendment
Slips Number
Date of Publication
1
12th December 1972
2
26th January 1973
3
1st February 1974
4
2nd September 1974
5
1st March 1975
5. British Standard 5361:1976
6. British Standard 2495:1977
7. British Standard 5361:1976 as amended by the following Amendment
Slips Number
Date of Publication
1
30th September 1977
2
31st August 1978
3
31st August 1979
4
29th February 1980
8. British Standard 2495:1977 as amended by the following Amendment
Slips Number
Date of Publication
1
30th September 1977
2
31st August 1978
3
31st August 1979
4
29th February 1980
9. British Standard 5361:1976 as amended by the following Amendment
Slips -
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Number
Date of Publication
1
30th September 1977
2
31st August 1978
3
31st August 1979
4
29th February 1980
5
27th February 1981
Submitted to GSRRS 2008
10. British Standard 2495:1977 as amended by the following Amendment
Slips Number
Date of Publication
1
30th September 1977
2
31st August 1978
3
31st August 1979
4
29th February 1980
5
27th February 1981
11. British Standard 6658:1985 as amended by the following Amendment
Slip Number
Date of Publication
1
28th February 1986
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke and consolidate with amendments the Motor Cycles
(Protective Helmets) Regulations 1980 and their amending instruments (the "1980
Regulations"). The 1980 Regulations prescribed certain types of helmet
recommended as affording protection to persons on or in motor cycles from injury
in the event of accident. The types of helmet were prescribed by reference to
conformity with certain British Standards and by appropriate markings.
These Regulations require every person driving or riding (otherwise than in a
side-car) on a motor cycle on a road to wear protective headgear as defined in
regulation 4. This requirement does not extend to a mowing machine, or vehicle
being propelled by persons on foot (regulation 4(2)). Nor does it extend, by virtue
of section 16(2) of the Road Traffic Act 1988, to a follower of the Sikh religion
while he is wearing a turban.
Regulation 5 prescribes certain types of helmet recommended as affording
protection to persons on or in motor cycles from injury in the event of an accident.
The types of helmet are so prescribed by reference to British Standard 6658:1985
as amended or any other standard accepted by a European Economic Area
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("EEA") State which offers in use equivalent levels of safety, suitability and
fitness for purpose. In each case the helmet must be marked with the relevant
standard with which it conforms and an approved certification mark of an
approved body. In this context "equivalent levels" means levels which are the
same or greater in respect of the factors specified. The 1980 Regulations did not
prescribe types of helmet by reference to standards accepted by EEA States.
These Regulations have been notified to the European Commission pursuant to
Directive 83/189/EEC of 28th March 1983 laying down a procedure for the
provision of information in the field of technical standards and regulations (OJ
1983 L109, p.9) as amended by Council Directive 88/182/EEC of 22nd March
1988 (OJ 1988 L81, p.75) and European Parliament and Council Directive
94/10/EEC of 23rd March 1994 (OJ 1994 L100, p.30).
British Standard 6658:1985 may be obtained from any outlet operated by the
British Standards Institution (BSI) or by post from BSI at 389 Chiswick High
Road, London W4 4AL (Telephone number: 0181-996 9000).
Copies of the Directives can be obtained from the Stationery Office.
Notes:
[1] 1988 c.52.back
[2] Cm 2073 and 2183.back
[3] 1988 c.52.back
[4] Cm 2073 and 2183.back
ISBN 0 11 079337 4
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Statutory Rule 1999 No. 170
Motor Cycles (Protective Headgear)
Regulations (Northern Ireland) 1999
© Crown Copyright 1999
Statutory Rules of Northern Ireland printed from this
website are printed under the superintendence and
authority of the Controller of HMSO being the
Government Printer for Northern Ireland.
The legislation contained on this web site is subject
to Crown Copyright protection. It may be reproduced
free of charge provided that it is reproduced
accurately and that the source and copyright status of
the material is made evident to users.
It should be noted that the right to reproduce the text
of Statutory Rules of Northern Ireland does not
extend to the Government Printer for Northern
Ireland imprints which should be removed from any
copies of the Statutory Rule which are issued or
made available to the public. This includes
reproduction of the Statutory Rule on the Internet
and on intranet sites. The Royal Arms may be
reproduced only where they are an integral part of
the original document.
The text of this Internet version of the Statutory Rule
which is published by the Government Printer for
Northern Ireland has been prepared to reflect the text
as it was Made. A print version is also available and
is published by The Stationery Office Limited as the
Motor Cycles (Protective Headgear) Regulations
(Northern Ireland) 1999 , ISBN 0 33 793470 5. The
print version may be purchased by clicking here.
Braille copies of this Statutory Rule can also be
purchased at the same price as the print edition by
contacting TSO Customer Services on 0870 600
5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of
legislation on this website can be found by referring
to the Frequently Asked Questions.
To ensure fast access over slow connections, large
documents have been segmented into "chunks".
Where you see a "continue" button at the bottom of
the page of text, this indicates that there is another
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chunk of text available.
STATUTORY RULES OF NORTHERN IRELAND
1999 No. 170
ROAD TRAFFIC AND VEHICLES
Motor Cycles (Protective Headgear) Regulations (Northern
Ireland) 1999
Made
31st March 1999
Coming into operation
12th May 1999
The Department of the Environment, in exercise of the powers conferred on it by
Articles 27(1), 28(1) and 110(2) of the Road Traffic (Northern Ireland) Order
1995[1] and of every other power enabling it in that behalf, hereby makes the
following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Motor Cycles (Protective
Headgear) Regulations (Northern Ireland) 1999 and shall come into operation on
12th May 1999.
(2) In these Regulations "EEA State" means a State which is a contracting party to the Agreement
on the European Economic Area signed at Oporto on 2nd May 1992 as
adjusted by the Protocol signed at Brussels on 17th March 1993[2].
Protective headgear
2. - (1) Save as provided in paragraph (2), every person driving
or riding (otherwise than in a side-car) on a motor bicycle when on
a road shall wear protective headgear.
(2) Nothing in paragraph (1) shall apply to any person driving or
riding on a motor bicycle if (a) it is a mowing machine; or
(b) it is for the time being propelled by a person on foot.
(3) In this regulation "motor bicycle" means a two-wheeled motor cycle, whether or not
having a side-car attached, and for the purposes of this definition where
the distance measured between the centre of the area of contact with the
road surface of any two wheels of a motor cycle is less than 460
millimetres, those wheels shall be counted as one wheel;
"protective headgear" means a helmet which (a) either (i) bears a marking applied by its manufacturer indicating
compliance with the specifications contained in one of the
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British Standards (whether or not as modified by any
amendment) mentioned in the Schedule; or
(ii) is of a type manufactured for use by persons on motor
cycles which by virtue of its shape, material and construction
could reasonably be expected to afford to the wearer a degree of
protection from accidental injury similar to or greater than that
provided by a helmet of a type prescribed by regulation 3;
(b) if worn with a chin cup attached to or held in position by
a strap, is provided with an additional strap (to be fastened
under the wearer's jaw) for securing the helmet to the head;
and
(c) is securely fastened to the head by means of straps
provided for that purpose; and
"strap" includes any fastening device.
Prescribed types of recommended helmet
3. - (1) The types of helmet hereby prescribed as types of helmet
recommended as affording protection to persons on or in motor
cycles from injury in the event of an accident are helmets which as
regards their shape, construction and other qualities conform (a) with British Standard 6658:1985 as amended by Amendment Slip
number 1 published on 28th February 1986 and are marked with the
number of that standard, or
(b) with any other standard accepted by an EEA State which offers in use
equivalent levels of safety, suitability and fitness for purpose and are
marked with a mark to indicate that standard,
and in either case are marked with an approved certification mark of
an approved body (whether or not they are required to be so marked
by the standard in point).
(2) For the purposes of this regulation (a) an approved certification mark is (i) the certification mark of the British Standards Institution; or
(ii) a certification mark which indicates that a conformity
assessment equivalent to that of the British Standards Institution
has been undertaken, and
(b) an approved body is (i) the British Standards Institution; or
(ii) any body approved by an EEA State to undertake
conformity assessments equivalent to those undertaken by the
British Standards Institution.
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Saving for the Trade Descriptions Act 1968, the Consumer
Protection Act 1987 and the Consumer Protection (Northern
Ireland) Order 1987
4. Nothing in regulation 3(1) shall be taken to authorise any
person to apply any number or mark referred to therein in
contravention of the Trade Descriptions Act 1968[3], the Consumer
Protection Act 1987[4] or the Consumer Protection (Northern
Ireland) Order 1987[5].
Revocation
5. The Motor Cycles (Protective Headgear) Regulations
(Northern Ireland) 1981[6] and the Motor Cycles (Protective
Headgear) (Amendment) Regulations (Northern Ireland) 1986[7]
are hereby revoked.
Sealed with the Official Seal of the Department of the Environment
on
L.S.
J. Ritchie
Assistant Secretary
31st March 1999.
SCHEDULE
(Regulation 2(1))
British Standards
1. British Standard 2001:1956 as amended by the following Amendment
Slips Number
Date of Publication
1
11th January 1957
2
23rd November 1959
3
27th February 1962
4
11th June 1964
5
13th March 1968
6
18th February 1972
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2. British Standard 1869:1960 as amended by the following Amendment
Slips Number
Date of Publication
1
29th May 1963
4
3rd December 1965
5
13th March 1968
6
10th August 1971
7
3rd January 1972
8
15th May 1973
9
1st February 1974
10
2nd September 1974
11
1st March 1975
3. British Standard 2495:1960 as amended by the following Amendment
Slips Number
Date of Publication
1
29th May 1963
2
22nd February 1965
3
7th December 1965
4
22nd July 1966
5
10th August 1971
6
3rd January 1972
7
1st February 1974
8
1st March 1975
4. British Standard 2001:1972 as amended by the following Amendment
Slips Number
Date of Publication
1
12th December 1972
2
26th January 1973
3
1st February 1974
4
2nd September 1974
5
1st March 1975
5. British Standard 5361:1976
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6. British Standard 2495:1977
7. British Standard 5361:1976 as amended by the following Amendment
Slips Number
Date of Publication
1
30th September 1977
2
31st August 1978
3
31st August 1979
4
29th February 1980
8. British Standard 2495:1977 as amended by the following Amendment
Slips Number
Date of Publication
1
30th September 1977
2
31st August 1978
3
31st August 1979
4
29th February 1980
9. British Standard 5361:1976 as amended by the following Amendment
Slips Number
Date of Publication
1
30th September 1977
2
31st August 1978
3
31st August 1979
4
29th February 1980
5
27th February 1981
10. British Standard 2495:1977 as amended by the following Amendment
Slips Number
Date of Publication
1
30th September 1977
2
31st August 1978
3
31st August 1979
4
29th February 1980
5
27th February 1981
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Helmet Legislation
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11. British Standard 6658:1985 as amended by the following Amendment
Slip Number
Date of Publication
1
28th February 1986
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations revoke and consolidate with amendments the Motor Cycles
(Protective Headgear) Regulations (Northern Ireland) 1981 ("the 1981
Regulations") and the Motor Cycles (Protective Headgear) (Amendment)
Regulations (Northern Ireland) 1986. The 1981 Regulations prescribed certain
types of helmet recommended as affording protection to persons on or in motor
cycles from injury in the event of accident. The types of helmet were prescribed
by reference to conformity with certain British Standards and by appropriate
markings.
These Regulations require every person driving or riding (otherwise than in a
side-car) on a motor cycle on a road to wear protective headgear as defined in
regulation 2. This requirement does not extend to a mowing machine, or vehicle
being propelled by persons on foot (regulation 2(2)). Nor does it extend, by virtue
of Article 27(2) of the Road Traffic (Northern Ireland) Order 1995, to a follower
of the Sikh religion while he is wearing a turban.
Regulation 3 prescribes certain types of helmet recommended as affording
protection to persons on or in motor cycles from injury in the event of an
accident. The types of helmet are so prescribed by reference to British Standard
6658:1985 as amended or any other standard accepted by a European Economic
Area ("EEA") State which offers in use equivalent levels of safety, suitability and
fitness for purpose. In each case the helmet must be marked with the relevant
standard with which it conforms and an approved certification mark of an
approved body. In this context "equivalent levels" means levels which are the
same or greater in respect of the factors specified. The 1981 Regulations did not
prescribe types of helmet by reference to standards accepted by EEA States.
British Standard 6658:1985 may be obtained from any outlet operated by the
British Standards Institution (BSI) or by post from BSI at 389 Chiswick High
Road, London W4 4AL (Telephone number: 0181-996 9000).
These Regulations have been notified to the European Commission pursuant to
European Parliament and Council Directive 98/34/EC of 22nd June 1998 laying
down a procedure for the provision of information in the field of technical
standards and regulations (O.J. L204, 21.7.98, p. 37).
Copies of this Directive can be obtained from The Stationery Office Bookshop,
16 Arthur Street, Belfast BT1 4GD.
Notes:
[1] S.I. 1995/2994 (N.I. 18); see Article 2(2) for the definition of "the
Department"back
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© Crown copyright 1999
Prepared 20 April 1999
[2] Cm 2073 and 2183back
[3] 1968 c. 29back
[4] 1987 c. 43back
[5] S.I. 1987/2049 (N.I. 20)back
[6] S.R. 1981 No. 141back
[7] S.R. 1986 No. 238back
ISBN 0 337 93470 5
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