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Road Traffic Act help

Hi, i'm currently undertaking a business course and the subject is motorbike helmets.
I understand that for helmets to be sold in the UK they must conform to a BSI standard but the road traffic act nor any piece of legislation actually stipulate punishments.
I'm hoping someone will point me in the right direction as i can not find any forums which cover this type of information either

Comments

  • crazy_guy wrote:
    Hi, i'm currently undertaking a business course and the subject is motorbike helmets.
    I understand that for helmets to be sold in the UK they must conform to a BSI standard but the road traffic act nor any piece of legislation actually stipulate punishments.
    I'm hoping someone will point me in the right direction as i can not find any forums which cover this type of information either

    Probably comes under construction and use regulations ie Causing or likely to cause danger by reason of use of unsuitable vehicle or using a vehicle with parts or accessories (excluding brakes, steering or tyres) in a dangerous condition

    Three points on the licence and a fine
  • I've just found more information and the legislation that covers this detail is the road traffic act 1988 s.16,17,18 plus the motorcycles (protective helmets) regulations 1998.

    There are no punishments stipulated anywhere, my particular interest would be on the manfactuer and possible consequences from not conforming to the requirements stipulated.
  • Bokken_2
    Bokken_2 Posts: 657 Forumite
    crazy_guy wrote:
    I've just found more information and the legislation that covers this detail is the road traffic act 1988 s.16,17,18 plus the motorcycles (protective helmets) regulations 1998.

    There are no punishments stipulated anywhere, my particular interest would be on the manfactuer and possible consequences from not conforming to the requirements stipulated.

    Four-five years ago the Home Office decided that the use of dark or reflective visors was to be made illegal.The biking community and press campaigned successfully and it was not implemented.The Home office also tried to target the manufactuers for selling and importing the visors,this got to a point where the importer was going to be closed down and press pressure forced a rethink on the part of the Home Office.
    So visors are in and it is unlikely that any prosecution is going to take place against any of the manufactuers unless a particular part of the helmet is faulty and can be proved to be so.
    The manufacter is not at fault if the rider fails to wear the helmet.
    The fine imposed for riding without a helmet/chinstrap not done up etc would be a £30 fixed penalty ticket.Not normally issued as if the officer spots one offence then there are normally several more to take into account,no Insurance ,MOT,Driving Licence etc.in these cases offenders are reported directly to court and the offences are normally dealt with collectively by the Magistrate.
    Have a day out at your local court and you'll understand it a little better.
    hope that helps.
  • Helmet Law

    When riding a moped or motorbike, we all know that a safety helmet must be worn but there's a little bit more than that. Legally :-
    1 The strap must be done up.
    2 It must fit properly. How many times have you seen a kiddie riding pillion with granddad's helmet on!
    3 It must be an approved safety helmet. It'll either display a BS6658 sticker on the outside, or an EC approval mark somewhere inside. Only BS 6658 types A & B or EC Regulation 22 type 05 series are legal in the UK.

    The new EC marks have caused a bit of confusion. These are now sewn inside the helmet (often to the strap) The EC mark is a circle with an E inside and number giving the country of origin (for example E6 is Belgium) then you'll se a long number which must begin with 05
    We've seen 04 and 03 series in the UK already. Not only are they illegal but they're not good enough, so don't be ripped off.

    Remember, not complying with the above is the same offence as not wearing one.

    The DETR has published advice (DETR/VSE6 Oct 2000) that states "…you can wear other types of helmet which could reasonably be expected to give……….should seek confirmation from the supplier that the helmet does offer a similar or greater level of protection." This is interesting; previously we were told that your helmet had to display the kite-mark which shouldn't be removed. Now surely, even if the sticker has been removed it still meets this criteria. They do qualify their advice with the disclaimer that their opinion hasn't been tested by the courts, though.

    Passengers in a side-car don't need to wear a helmet if the sides of the car are over 18inches / 457mm high, neither does a Sikh who is wearing a turban and of course no-one needs a helmet to push the bike on foot (but you do if you freewheel on it).

    Visor Law

    A visor (or goggles) aren't a legal requirement but if you do have them, then the law applies. Legally :-

    1 It must be an approved visor / goggle It'll either have a BS4110 mark or the new EC Regulation 22 type 05 mark (see helmet law for details on EC marks).
    The EC visors often have a removable sticker showing the approval and of course you'll peel it off. So how're the plod going to deal with that then?

    2 It may also be tinted and will be marked something like CP50. That's a 50% tint and is the darkest you're allowed by law. Even then, it'll be marked "for daylight use only" and is a nick-able offence after lighting up time.

    Lets settle this once and for all Dark, mirrored etc. visors are illegal, wear sunglasses instead. Anyone caught selling them risks a £1000 fine for each one in his stock.

    (http://www.motorcycletrainingkent.com/TheLaw.htm)


    The fines/charges are usually at the Police officers discretion.
    Currently though this rule is not endorsable.
    So Depending on the mood of the copper, your speed and the location you often get off with it. However expect to get about 20 quid fine for a first offence, doubling on subsequent occasions.
    If your driving like a prat they'll get you on one of the other thousand or so laws that can take your licence.
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