Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and consolidate with amendments the Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1981 (“the 1981 Regulations”) and the Motor Cycles (Protective Headgear) (Amendment) Regulations (Northern Ireland) 1986. The 1981 Regulations prescribed certain types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of accident. The types of helmet were prescribed by reference to conformity with certain British Standards and by appropriate markings.

These Regulations require every person driving or riding (otherwise than in a side-car) on a motor cycle on a road to wear protective headgear as defined in regulation 2. This requirement does not extend to a mowing machine, or vehicle being propelled by persons on foot (regulation 2(2)). Nor does it extend, by virtue of Article 27(2) of the Road Traffic (Northern Ireland) Order 1995, to a follower of the Sikh religion while he is wearing a turban.

Regulation 3 prescribes certain types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of an accident. The types of helmet are so prescribed by reference to British Standard 6658:1985 as amended or any other standard accepted by a European Economic Area (“EEA”) State which offers in use equivalent levels of safety, suitability and fitness for purpose. In each case the helmet must be marked with the relevant standard with which it conforms and an approved certification mark of an approved body. In this context “equivalent levels” means levels which are the same or greater in respect of the factors specified. The 1981 Regulations did not prescribe types of helmet by reference to standards accepted by EEA States.

British Standard 6658:1985 may be obtained from any outlet operated by the British Standards Institution (BSI) or by post from BSI at 389 Chiswick High Road, London W4 4AL (Telephone number: 0181-996 9000).

These Regulations have been notified to the European Commission pursuant to European Parliament and Council Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. L204, 21.7.98, p. 37).

Copies of this Directive can be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD.