2016-02-09
MS DUNN — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to fining and prosecution of motorcycle and bicycle riders who have installed a video camera on their safety helmet, and are said to be breaching safety compliance standards ('the Australian Standard'):
(1) How many fines have been issued by Victoria Police to date, for the offence of wearing a helmet camera.
(2) How many of these fines have been paid.
(3) How many individuals have refused to pay and are being prosecuted through the courts.
(4) Given that helmet cameras are used to improve rider safety, will the Minister take action, and if need be, propose legislation, to protect motorcyclists and bicycle riders on our roads.
ANSWER:
I am informed that as at the date the question was raised:
(1) In the period 2014-15, 598 infringement notices were issued to motorcycle riders for the offence of failing to wear an approved motor bike helmet. It is not known how many of those infringements were issued because the rider had attached a camera to his or her helmet. Infringements for the offence in question are issued for a wide range of reasons including that the rider may not have been wearing a helmet at alt or may be wearing a helmet that is not fastened correctly or does not have the correct markings certifying that it complies with the relevant standards.
During the period 2012-14, an average of 5699 cyclists received an infringement notice in each of those two years for the offence of failing to wear an approved helmet (total of 11 398 over the two years). Again, it is not known how many of those notices (if any) were issued because the rider had attached a camera to his or her helmet.
(2) Of the 598 fines issued.to motorcyclists in the year 2014-15, 218 have been paid in full.
Of the 11 398 fines issued to cyclists between 2012-2014, 4314 were paid in full.
(3) Of the 598 fines issued to motorcyclists in the year 2014-15, 100 have elected to contest the matter in court.
Of the 11 398 fines issued to cyclists-between 2012-2014, 1211 have elected to contest the matter in court.
(4) Motorcycle and bicycle riders are required to wear approved helmets. An approved helmet is one that meets the relevant standards. The requirement for a helmet to meet a certain standard is intended to ensure, so far as is possible, that the helmet will provide a minimum level of protection to the wearer in the event of an accident.
Standards for helmets contain specific directions in relation to helmet modifications (including attachments). The attachment of devices, such as cameras, to helmets that have been certified as complying with the relevant standards may result in the helmet no longer meeting those standards. The extent to which this may impact on rider safety is unknown. It is possible that a helmet that has been modified will not provide the same level of protection as a helmet that continues to comply with the minimum standards. In the absence of tests demonstrating that these types of modifications to helmets do not pose a safety risk to riders and would not result in the helmet failing to continue to meet the relevant standards, rider safety is best protected by avoiding these types of modifications.
In future, developments in the manufacture of helmets and devices such as cameras, and in the helmet standards themselves, may mean that riders can use these devices without contravening the relevant standards.