From 1 February 2017, the requirement for the operator and passengers of a quad bike or utility off-road vehicle to wear a motorcycle helmet will be legislated in the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (roads rules).
These mandatory helmet requirements are currently outlined in the Guideline for Conditionally Registered Vehicles in Queensland Form 17. However, these requirements will be transitioned to the road rules from 1 February 2017, and apply to drivers and passengers of conditionally registered quad bikes and utility off-road vehicles being used on Queensland roads and road-related areas.
From 1 February 2017, a $365 fine will apply for failing to comply with the mandatory helmet requirements as well as the incursion of 3 demerit points. This offence will also be subject to existing motorcycle helmet double demerit point penalties, so if two or more motorcycle helmet offences are committed within a 12 month period, the second and subsequent offences will incur double demerit points.
The current exemption from wearing a helmet applicable for the operators and passengers of conditionally registered utility off-road vehicles which operate under the LO3 condition code, and are fitted with seatbelts and a roll over protection system will remain. There will still be no helmet exemptions for quad bike operations.
In addition, passenger age-related restrictions will also be introduced in the roads rules from 1 February 2017 which will prohibit children under the age of eight from being carried as passengers on quad bikes and utility off-road vehicles, as well as any child if their feet cannot reach the footrests or cannot sit with their back against the seat and feet flat on the floor.
These changes are being introduced to ensure operating a quad bike or utility off-road vehicle is as safe as possible, and are part of a broader commitment made to implement coronial recommendations about quad bike and utility off-road vehicle safety. These changes will also make offences associated with quad bikes and utility off-road vehicles more consistent with similar road rule laws.
If you require any further information regarding the changes, please email your enquiry to Driver_Licensing_and_Road_Rules@tmr.qld.gov.au or alternatively, contact Nick Mackay, A/Principal Policy in the Transport Regulation Branch on (07) 3066 2129.