Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999 (Cth)

Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999

Statutory Rules 1999 No. 230

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Practices Act 1974.

Dated 22 September 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

JOE HOCKEY

Minister for Financial Services and Regulation

Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999

Statutory Rules 1999 No. 2301

made under the

Trade Practices Act 1974

   

Contents

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1Name of Regulations

 These Regulations are the Trade Practices (Consumer Product Safety Standard) (Bicycle Helmets) Regulations 1999.

2Commencement

 These Regulations commence on 31 October 1999.

3Purpose

For subsection 65C (2) of the Trade Practices Act 1974, these Regulations set out the consumer product safety standard for bicycle helmets.

4Consumer product safety standards — revocation

 The consumer product safety standards for protective helmets for pedal cyclists published in the Gazette on 9 August 1989 and 20 February 1992 are revoked.

5Application

• (1)

  These Regulations apply to protective helmets for pedal cyclists.

• (2)

  However, these Regulations do not apply to the following helmets:

  • (a)

    protective helmets of a size too small to be reasonably fitted to Headform A defined in Australian Standard AS 2512.1-1984 published by the Standards Association of Australia on 6 April 1984;

  • (b)

    helmets for use as toys which cannot be reasonably mistaken for protective helmets for pedal cyclists;

  • (c)

    helmets for use as toys which may be reasonably mistaken for protective helmets for pedal cyclists, if the words Warning: toy helmet only — do not use as safety headgear are marked clearly and legibly in a conspicuous position on:

    • (i)

      the helmet or on a label attached to the helmet at the time of supply to the consumer; and

    • (ii)

      the principal outer display face of any packaging in which the helmet is supplied to the consumer;

   with the word Warning in capital letters not less than 5mm high, and the remaining words in letters not less than 2.5 mm high;

  • (d)

    helmets (except BMX helmets) designed and constructed principally for use by cyclists engaged in competitive racing, if the words Warning: racing headgear only — inadequate impact protection for normal road use are marked clearly and legibly in a conspicuous position on:

    • (i)

      the helmet or on a label attached to the helmet at the time of supply to the consumer; and

    • (ii)

      the principal outer display face of any packaging in which the helmet is supplied to the consumer;

   with the word Warning in capital letters not less than 5mm high, and the remaining words in letters not less than 2.5 mm high.

6Standard until 31 August 2001

 Until the end of 31 August 2001, the standard for protective helmets for pedal cyclists is the standard described in:

• (a)

  both:

  • (i)

    Part 1 of Schedule 1 (AS 2063.1  — 1986), as varied by Part 2 of that Schedule; and

  • (ii)

    Part 3 of Schedule 1 (AS 2063.2 — 1990), as varied by Part 4 of that Schedule; or

• (b)

  Part 1 of Schedule 2, as varied by Part 2 of that Schedule (Australian/New Zealand Standards); or

• (c)

  Schedule 3 (Snell Standards).

7Standard from 1 September 2001 to 31 August 2006

 For the period from 1 September 2001 to the end of 31 August 2006, the standard for protective helmets for pedal cyclists is the standard described in:

• (a)

  Part 1 of Schedule 2, as varied by Part 2 of that Schedule (Australian/New Zealand Standards); or

• (b)

  Schedule 3 (Snell Standards).

Schedule 1Australian standards

(regulation 6)

Part 1AS 2063.1 — 1986

Australian Standard AS 2063.1 — 1986, Lightweight protective helmets (for use in pedal cycling, horse riding and other activities requiring similar protection) Part 1 — Basic Performance Requirements, published by the Standards Association of Australia on 4 August 1986, as amended by Amendment No. 2 published on 9 May 1988.

Part 2Variations to AS 2063.1 — 1986

[1]After clause 3

insert

3A   INTERPRETATION.  For the purposes of the Standard the following meanings apply:

• (a)

  Helmet — a device worn on the head, designed to mitigate the adverse effects of a blow to the head within a specified area.

• (b)

  Positioning index — the distance, as specified by the manufacturer, from the lowest point of the brow opening at the lateral midpoint of the helmet to the basic plane of a reference headform, when the helmet is firmly and properly positioned on the reference headform.

[2]After clause 6.2.1

insert

6.2.1.1   A helmet when tested to the requirements of clause 6.2.2 shall be conditioned to one of the conditioning procedures specified in AS 2512.2 for ambient temperature, low temperature, high temperature and water immersion and shall comply with the requirements of clause 6.2.2 irrespective of which conditioning procedure specified in AS 2512.2 has been applied.

Part 3AS 2063.2 — 1990

Australian Standard AS 2063.2 — 1990, Lightweight protective helmets (for use in pedal cycling, horse riding and other activities requiring similar protection) Part 2: Helmets for pedal cyclists, published by Standards Australia on 9 April 1990, as amended by Amendment No. 1 of 20 August 1990 and Amendment No. 2 of 15 April 1991.

Part 4Variations to AS 2063.2 — 1990

[1]Clause 1

omit

[2]Clause 3

substitute

3   BASIC PERFORMANCE REQUIREMENTS.  Helmets for pedal cyclists, other than BMX helmets, shall comply with AS 2063.1, but need not comply with provisions regarding:

• (a)

  hard shell;

• (b)

  ventilation openings;

• (c)

  resistance to penetration; or

• (d)

  type testing.

3A   BMX HELMETS.  Helmets designed and constructed principally for use by cyclists engaged in BMX competition racing shall comply with AS 2063.2 but need not comply with clause 4 of AS 2063.2. Such helmets shall comply with AS 2063.1, but need not comply with clause 7.3.2 of AS 2063.1 or with those provisions of AS 2063.1 regarding ventilation openings or type testing.

[3]Clause 8, note

omit

Schedule 2Australian/New Zealand Standards

(regulations 6 and 7)

Part 1AS/NZS 2063: 1996

Australian/New Zealand Standard Pedal cycle helmets, published by Standards Australia on 5 May 1996 as amended by Amendment No. 1 of 5 November 1996.

Part 2Variations to AS/NZS 2063: 1996

[1]Clause 1

omit

[2]After clause 5.6

insert

5.7   BMX Helmets  Helmets designed and constructed principally for use by cyclists engaged in BMX competition racing need not comply with provisions regarding ventilation openings or type testing.

[3]Clause 7.1.2 (a)

omit

or load distribution (Clause 7.6)

[4]Clause 7.1.3

substitute

7.1.3   Test sites   For the purpose of the impact energy attenuation test the helmets shall be tested at four sites above the test line defined in AS/NZS 2512.1 of 1996.

Note   Test sites should be marked on the helmet prior to testing.

[5]Clause 7.6

omit

[6]Clause 8.1 (e)

omit

Schedule 3Snell Standards

(regulations 6 and 7)

1995 Standard for Protective Headgear for Use with Bicycles, published on the Internet as the document html by the Snell Memorial Foundation of the United States of America.

NoteThe Snell Standard can be obtained using the Internet as follows:

(a) go to the Snell Memorial Foundation site at on Snell Standards;

(c) click on B-95 -- Bicycle helmet standard.

Note

1. Made by the Governor-General on 22 September 1999, and notified in the Commonwealth of Australia Gazette