Transport Act 1982

57 Authorisation of head-worn appliances for use on motor cycles

(1) The following section shall be inserted after section 33 of the 1972 Act (protective helmets for motor cyclists) immediately before section 33A of that Act (which was inserted by section 27 of the [1981 c. 56.] Transport Act 1981)—

“33AA Authorisation of head-worn appliances for use on motor cycles.

(1) The Secretary of State may make regulations prescribing (by reference to shape, construction or any other quality) types of appliance of any description to which this section applies as authorised for use by persons driving or riding (otherwise than in sidecars) on motor cycles of any class specified in the regulations.

(2) Regulations under this section—

(a) may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used ; and

(b) may make different provision in relation to different circumstances.

(3) If a person driving or riding on a motor cycle on a road uses an appliance of any description for which a type is prescribed under this section he shall be guilty of an offence if that appliance is not of a type so prescribed or is otherwise used in contravention of regulations under this section.

(4) If a person sells, or offers for sale, an appliance of any such description as authorised for use by persons on or in motor cycles, or motor cycles of any class, and that appliance is not of a type prescribed under this section as authorised for such use, he shall, subject to subsection (5) below, be guilty of an offence.

(5) A person shall not be convicted of an offence under this section in respect of the sale or offer for sale of an appliance if he proves that it was sold or, as the case may be, offered for sale for export from Great Britain.

(6) In England or Wales the council of a county or of a London borough, the Greater London Council or the Common Council of the City of London may institute proceedings for an offence under this section.

(7) The provisions of Schedule 1 to this Act shall have effect in relation to contraventions of subsection (4) of this section as they have effect in relation to contraventions of section 33 of this Act; and in that Schedule, as it has effect by virtue of this subsection—

(a) references to helmets shall be read as references to appliances to which this section applies; and

(b) the reference in paragraph 4(1)(a) to a type which under the principal section could be lawfully sold or offered for sale shall be read as a reference to a type which under this section could be lawfully sold or offered for sale as authorised for use in the manner in question.

(8) This section applies to appliances of any description designed or adapted for use—

(a) with any headgear ; or

(b) by being attached to or placed upon the head;

(as, for example, eye protectors or earphones).

(9) References in this section to selling or offering for sale include respectively references to letting on hire and offering to let on hire.”.

(2) The following entries shall be inserted in Part I of Schedule 4 to the 1972 Act (prosecution and punishment of offences) immediately after the entry relating to section 33—

“33AA(3)	Contravention of regulations with respect to use of head-worn appliances on motor cycles.	Summarily.	£50.	—	—	—
33AA(4)	Selling, etc., appliance not of prescribed type as approved for use on motor cycles.	Summarily.	£200.	—	—	—.”.