Thursday, October 14, 2010

The Law and how it doesn't mention trikes

THE couriers are currently looking for a slot when they can collect the trike in the US. I'm very bad at waiting for things... But, while I am I might as well mention what (I think) is another advantage of riding a trike in New Zealand.

NZ has a mandatory cycle helmet law which is strictly enforced. I never saw the advantage in them; they're flimsy, hot, expensive, only protect you in a few very specific circumstances and most important of all, they make you look like a dork. I can't help feeling that one of the major reasons that 'normal' people don't cycle here is what I like to call the 'dork factor'. It comes back to my previous argument; if you have to dress funny to cycle a bike, people won't do it - dressing in your usual clothes is one of the huge advantages of a car.

SO, imagine how happy I was to discover there is a loophole in the law. Almost all the legislation in NZ referring to cycling uses the term 'cycle', 'cyclist', 'cycling' and the like. Happily the one referring to helmet law only referrers to bicycles.

HERE it is:


11.8 Safety helmets for cyclists
(1) A person must not ride, or be carried on, a bicycle on a road unless the person is wearing a safety helmet of an approved standard that is securely fastened.
(2) The approved standards for safety helmets are—
(a) AS/NZS 2063, Pedal cycle helmets; or
(b) NZS 5439, Pedal cycle helmets; or
(c) AS 2063.2, Pedal cycle helmets; or
(d) any safety helmet manufactured to the Snell standard for protective headgear for use with bicycles; or
(e) any safety helmet manufactured to ASTM F1447; or
(f) any safety helmet manufactured to the Consumer Product Safety Commission Safety Standard for Bicycle Helmets (reference 16 CFR) Part 1203, complying with the CPSC certification process.
(3) A safety helmet must comply with the version of an approved standard for safety helmets that is—
(a) applicable in the relevant standard-setting jurisdiction to the date of manufacture of the safety helmet or as specified in the standard; or
(b) a more recent version of the standard if the safety performance of the safety helmet is not adversely affected.
(4) An approval of a safety helmet under the Traffic Regulations 1976 that was published in the Gazette before 27 February 2005 remains valid after this rule comes into force.
(5) A person riding a cycle that is towing a trailer must ensure that every person carried on the trailer is wearing a safety helmet of an approved standard that is securely fastened.
(6) A person riding, or being carried on, a cycle on a road who is stopped by an enforcement officer must, if so requested by that or any other enforcement officer, produce for inspection by the officer the person's safety helmet or proof of an exemption granted under subclause (7).
(7) Subclauses (1) and (5) do not apply to a person if the Agency grants the person a written exemption from the requirement to wear a safety helmet on the grounds of religious belief or physical disability or other reasonable grounds.
(8) The Agency may at any time revoke in writing an exemption granted under subclause (7).
(9) The Agency may, by notice in the Gazette, approve types of safety helmets for use under this clause.
(10) In proceedings for an offence of breaching this clause, proof that a safety helmet worn by the defendant did not bear a standard specification mark or a registered trademark is, until the contrary is proved, sufficient evidence that the helmet was not of an approved standard.
Compare: SR 1976/227 r 38A
Clause 11.8(7): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clause 11.8(8): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Clause 11.8(9): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).


SO, as far as I can tell, if I tow a trailer, then anyone in that must wear a cycle helmet, but as the trike pilot I don't.

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