Motorcycle helmet sticker fine withdrawn

Rider challenges helmet sticker fine withdrawn

Victorian Police have withdrawn a fine against a rider for not having an external compliance sticker on his Australian-approved motorcycle helmet.

But don’t get too excited just yet that VicPol has seen the light and understands the rules which say a helmet only needs an internal label.

Rider Alasdair “Ted” Cameron challenged the $371 fine and took the issue to Maurice Blackburn Lawyers.

Senior associate Katie Minogue said she was confident her client had a “strong enough case” and was looking forward to their day in court.

However, at the last minute, VicPol have withdrawn the fine.

That means the issue has not been dealt with in court so no legal precedent has been set.

Police harassment

So police are still at liberty to use their erroneous reading of the rules to issue fines and harass riders.

Ted says he felt harassed as soon as he was pulled over in April 2018 on his 2016 Harley-Davidson Dyna Low Rider S about 200m from his Geelong home by one of two police officers patrolling on dirt bikes.

“I hadn’t done anything wrong, so I asked, ‘what’s up?’.

“The cop says ‘you’re riding a motorcycle in Victoria’, so I knew this guy was not up for a chat!”

The officer then told him his helmet was not compliant because it did not have a sticker on the outside.

Helmet laws sticker
Australian Standard sticker

“I just agreed with him and didn’t enter into much conversation or argue with him,” Ted says.

While Ted politely accepted the ticket without argument, he decided he wanted his day in court.

Fine withdrawn

However, he has now received a phone call to say the matter has been dropped because it was “trivial”.

“The copper that picked me up rang and I didn’t answer as it was a private number, so he left a message saying who it was from the Solo Unit,” Ted says.

“He said something like ‘the matter has been not authorised, it will just disappear, you do not have to do anything, it was just being trivial’.

“He was clearing his throat a couple of times so he must have been struggling to say it.

“That message just threw me.”

Ted contacted his lawyers who have contacted police to ask for the official notice of the withdrawal.

“I feel a bit better now and want to thank you (Motorbike Writer), Guy (Motorcycle Council of NSW helmet law expert Guy Stanford) and the lawyers for everything you’ve done to help me,” Ted says.

“But I wanted my day in court. It would have been good to really stick it up them.”

(Maurice Blackburn Lawyers took on Ted’s case pro bono – no charge.)

Sticker advice

Guy Stanford - Mobile phone while riding - darrk visor helmets tinted visor youtube  withdrawn
Guy Stanford

While there is still no legal precedent, Guy Stanford advises that there is no need for an external sticker so long as there is an internal sticker or label.

It doesn’t matter if the label has faded with wear.

Read the full details of helmet legality here. 

Helmet label sticker  withdrawn
Obscured label still legal

Ted says his internal label was difficult to find, but was shown to the officer who still issued him the fine.

Katie says the Victorian Road Rules state that an approved helmet must be marked with the official standards mark.

“It does not specify where this mark needs to be,” she says.

“We say there is no obligation in the rules that the sticker needs to be on the outside of a helmet.”

10 Comments

  1. The Police do have a generally thankless job & the majority of those Police do their job very well without pissing anyone off. AS THEY SHOULD.
    There are a few that do pull up motorcyclists with the intent of getting an argument from you.
    Sometimes for no apparent reason they pull up motorcyclists with the intent of getting an argument from you. Then it opens the opportunity looking for a broken light cover or such or at some small infraction of the road rules or a missing a helmet sticker & want to fine motorcyclists. Then with statements like “You didn’t use your indicator when you turned (or changed lanes).
    I too have been the target of two officers that pulled me over the senior one asked for my licence. Then he asked “Is this your bike or is it stolen?” I replied “It is my bike and as I’m riding it it can’t be stolen & I have not reported it stolen”. He looking at my licence asks “Is this your home address” & I answered “No, I moved house a few months back”. He asks “Why have you not had your licence changed?” I said “There is a change of address sticker on the back”. He turns it over looks at the sticker and asks “Is this your home address?” I answer “Yes, Senior Constable it is my home address.” He keeps asking me questions and claiming that I was riding dangerously. When allowed to answer I refute his claims and waiting for me to get upset & not be polite. I was determined not to argue but to counter his claims and stay calm.
    From the time I was pulled up till I restarted my bike was 15 Minutes. I went on my way without a backwards look.

  2. ECE approved Tag
    Motor Cycle Council of NSW site: http://www.mccofnsw.org.au/a/382.html
    “If it doesn’t have the chin-strap tag with the ECE approval details, it’s not UN/ECE 22-05 compliant, despite any other labels.

    On some ECE helmets, the label is behind a sheathing over the chin-strap. To read the label, the sheathing can be pushed back while holding the strap with the other hand.”

    I can’t see the old fashioned Cop being happy with this ECE tag.
    I checked my 1 year old Shoei GT-Air, it has only the ECE tag. No Aust ASA label anymore in or outside.
    It was approved for Belgium according to the Country listing.
    This tag appears to made from white plasticized paper, folded in half lengthwise & sown down at the helmet end of the chin strap with only a crumpled length of 15 -20 mm showing at best, once the leather protector is pushed back.
    I suggest if you have a recent helmet, it will be the same so have a good look now so you can argue the point with the road side Cop that that IS the correct approval label.
    I am sure that they only remember it should be AS 1698 as learn’t at the Academy.
    I can hardly read it as it’s very small due to the folding in half. and seems a poor design.

  3. Dont wear any sillitoe tartan, also known as chequred reflective squares, its considered impersonation, emergency services, police, etc, no red white, no blue white, no black white etc not on clothing, bikes, helmets etc

  4. SA police were also trained to believe an external AS1698 sticker was required, a police spokesman who was tasked with preparing information to respond to a letter for the then minister was asked to point out where in the standard or the SA regulations an external sticker was mandated and he was unable to do so, the facts were politely explained to him along with the need to retrain SA police

  5. You go into any motorbike store like AMX and they sell most helmets now without stickers on the outside. And there is even a sus printed cloth label sewn on the inside they claim is legal so the whole thing is bullshit!

  6. I was asked by police to remove my helmet (full face) as my outside sticker was faded. I refused and told them I was not undressing any if my clothing unless they had a court order. I was wasting their time, checked my license and left.

Leave a Reply

Your email address will not be published. Required fields are marked *

 

This site uses Akismet to reduce spam. Learn how your comment data is processed.