The Motor Cycles (Protective Helmets) Regulations 1998

Protective headgear E+W+S

4.—(1) Save as provided in [F1 paragraphs (2) and (2A)], every person driving or riding (otherwise than in a side-car) on a motor bicycle when on a road shall wear protective headgear.

(2) Nothing in paragraph (1) shall apply to any person driving or riding on a motor bicycle if—

(a) it is a mowing machine; or

(b) it is for the time being propelled by a person on foot.

[F2 (2A) Nothing in paragraph (1) shall apply to any person driving an electric scooter being used in a trial.]

(3) In this regulation—

[F3 “electric scooter” means a motor bicycle which—

(a)

is fitted with an electric motor with a maximum continuous power rating not exceeding 500 watts;

(b)

is not fitted with pedals that are capable of propelling the vehicle;

(c)

has two wheels, one front and one rear, aligned along the direction of travel;

(d)

is designed to carry no more than one person;

(e)

has a maximum weight, excluding the driver, not exceeding 55 kilograms;

(f)

has a maximum design speed not exceeding 15.5 miles per hour;

(g)

has a means of directional control through the use of handlebars which are mechanically linked to the steered wheel;

(h)

has a means of controlling the speed through hand controls; and

(i)

has a power control that defaults to the ‘off’ position;

“local public authority” means—

(a)

in England and Wales, any body, other person or holder of any office listed in Part 2 (local government) of Schedule 1 to the Freedom of Information Act 2000; and

(b)

in Scotland, any body, other person or holder of any office listed in Part 3 (local government) of Schedule 1 to the Freedom of Information (Scotland) Act 2002;]

“motor bicycle” means a two-wheeled motor cycle, whether or not having a side-car attached, and for the purposes of this definition where the distance measured between the centre of the area of contact with the road surface of any two wheels of a motor cycle is less than 460 millimetres, those wheels shall be counted as one wheel;

“protective headgear” means a helmet which—

(a)

either—

(i)

bears a marking applied by its manufacturer indicating compliance with the specifications contained in one of the British Standards (whether or not as modified by any amendment) mentioned in Schedule 2 to these Regulations; or

(ii)

is of a type manufactured for use by persons on motor cycles which by virtue of its shape, material and construction could reasonably be expected to afford to the wearer a degree of protection from accidental injury similar to or greater than that provided by a helmet of a type prescribed by regulation 5;

(b)

if worn with a chin cup attached to or held in position by a strap, is provided with an additional strap (to be fastened under the wearer’s jaw) for securing the helmet to the head; and

(c)

is securely fastened to the head by means of straps provided for that purpose; F4 ...

“strap” includes any fastening device [F5 ; and

“trial” means an assessment as to the suitability of electric scooters for use on roads conducted by virtue of—

(a)

an order made under sections 44 and 63(5) of the Road Traffic Act 1988; or

(b)

an arrangement made between one or more local public authorities and a person who hires out electric scooters]

Textual Amendments

F1 Words in reg. 4(1) substituted (4.7.2020) by The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 (S.I. 2020/663), Pt. 1 reg. 1(2), 3(2)(a)

F2 Reg. 4(2A) inserted (4.7.2020) by The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 (S.I. 2020/663), Pt. 1 reg. 1(2), 3(2)(b)

F3 Words in reg. 4(3) inserted (4.7.2020) by The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 (S.I. 2020/663), Pt. 1 reg. 1(2), 3(2)(c)(i)

F4 Word in reg. 4(3) omitted (4.7.2020) by virtue of The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 (S.I. 2020/663), Pt. 1 reg. 1(2), 3(2)(c)(ii)

F5 Words in reg. 4(3) inserted (4.7.2020) by The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 (S.I. 2020/663), Pt. 1 reg. 1(2), 3(2)(c)(iii)

Commencement Information

I1 Reg. 4 in force at 21.8.1998, see reg. 1