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Old 10-23-2011, 01:20 PM   #31
grogger123
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Quote:
Originally Posted by Precis View Post
There is an inmate here (whose name I have forgottent on the grounds of strong drink and the lateness of te hour) whose brother suffered a significant, permanent (brain, I think) injury and his payment was significantly reduced because he was wearing a non-stickered helmet.
Enough evidence?
This is a terrible thing to have happened to someone. Do you know when this happened and what the context was? If it was a non stickered helmet, was it a helmet he purchased from overseas? As opposed to a helmet that was purchased in Australian and had an ADR sticker? A case like this is very helpful for understanding what the actual risks are. More information about the case would be helpful.
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Old 10-23-2011, 05:11 PM   #32
WayneC1
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The newsletter from MCC Aug 2011 in the link below is worth reading re NSW helmet laws

http://www.crossroadz.com.au/XRDocs/MCCnewsAug11.pdf

It also covers submissions to the NSW Law and Justice Commission done on the behalf of MCC of NSW by Guy Stanford & Chris Burns

On the broader front it should be noted that the MCC of NSW has a seat at the table on the Helmet Committee of Australian Standards & that Guy is a member of the Australian Motorcycle Council’s Helmet Committee
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Old 10-23-2011, 05:24 PM   #33
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Quote:
Originally Posted by Precis View Post
There is an inmate here (whose name I have forgottent on the grounds of strong drink and the lateness of te hour) whose brother suffered a significant, permanent (brain, I think) injury and his payment was significantly reduced because he was wearing a non-stickered helmet.
Enough evidence?
Just wondering does this also happen to those who suffer injuries through not wearing seatbelts or are drunk or even speeding ??
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Old 10-23-2011, 05:35 PM   #34
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Quote:
Originally Posted by Precis View Post
There is an inmate here (whose name I have forgottent on the grounds of strong drink and the lateness of te hour) whose brother suffered a significant, permanent (brain, I think) injury and his payment was significantly reduced because he was wearing a non-stickered helmet.
Enough evidence?
Fine, but was it an unstickered shoei x12 or an unstickered ice cream tub?
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Old 10-23-2011, 06:48 PM   #35
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Quote:
Originally Posted by ktmgeoff View Post
Just wondering does this also happen to those who suffer injuries through not wearing seatbelts or are drunk or even speeding ??
http://www.advrider.com/forums/showt...=731450&page=2
See post #20.

There have been many discussions on this subject and I agree with those that suggest this mess needs to be sorted out, once & for all.
I suspect that someone - a politician or a top cop - would need to be put on the spot by an investigative journalist with the clout of a major publication or programme behind them, to get any movement at all, and in any direction.
And it may result in said politician or TC being made to look incompetent...
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Old 10-23-2011, 07:53 PM   #36
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Quote:
Originally Posted by BurnieM View Post
Have you ever tried to get a legal opinion out of a lawyer ?
There are so many provisos that it is literally not worth the paper it is written on.

So the real question is 'Is Guys article an informed opinion piece which reflects the most likely outcome in NSW ?'
.
The article seems to have got VIC wrong. Or at least stopped reading too soon...
http://www.gazette.vic.gov.au/gazett...GG2009S396.pdf
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Old 10-23-2011, 08:06 PM   #37
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I'm still puzzled as to why, if the helmet standards people are such nazi's, they won't allow this one.





















woopwoop screwed with this post 10-24-2011 at 12:44 AM
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Old 10-23-2011, 08:21 PM   #38
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Reading the gazetted VIC regulation would suggest that since AS/NZS 1698-2006 is the current "relevant standard" and that standard allows helmets approved for use in NZ

eg European ECE 22-05, Japanese, JIS T8133, USA “DOT” or more correctly FMVSS-218

Then any helmet which carries a sticker from any of the above standards would be legal for use in VIC

Perhaps an email to GEORGE MAVROYENI, Executive Director, Road Safety and Network Access, Roads Corporation would confirm it
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Old 10-23-2011, 10:34 PM   #39
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Maybe we need to find some helpful coppers and willing individuals to run a couple of test cases.

ie book someone for not having a "Standards Mark" and then take it court saying there is no longer any such thing as a Standards Mark, how can I reasonably comply? The go down the road of the helmet complies under JAS etc.


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Old 10-23-2011, 10:48 PM   #40
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Just seen an A3 sized poster up in my local bike shop making all sorts of claims about AS/NZS being the "only" helmets you're allowed to wear with out being subject to all sorts of things and how it has to have the sticker on the outside. It's put out by the importers of HJC whoever they are........... Had a laugh at it while putting on my imported Arai minus sticker
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Old 10-26-2011, 10:58 PM   #41
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Got a reply from the ACCC today.


Dear Mr Laxton

Thank you for your email of 21 October 2011 to the Australian Competition and Consumer Commission (ACCC) regarding the Helmet Standards. Your reference number for this matter is 1166200.

The ACCC monitors the safety of consumer products and plays an active role in investigating potential hazards relating to them. Where evidence shows a consumer product has or could cause injury, illness or death, the ACCC is able to develop bans and mandatory standards enforceable under the Competition and Consumer Act 2010 (the Act).

The ACCC is responsible for providing policy advice to the Parliamentary Secretary to the Treasurer in respect of product safety and enforcing mandatory product safety and information standards and bans of unsafe products supplied in Australia . The ACCC only enforces a select number of mandatory information standards under the Act.

The motorcycle helmet mandatory standard is based on the Australian Standard; this standard applies to helmets at the time of purchase. The Australian Standard is aligned with most overseas standards to the extent practicable. It is important to note that most imported helmets made to recognised overseas standards are likely to also meet the Australian Standard. More information on the helmet mandatory standard can be found on the ACCC’s Product Safety website.

I understand from your email that you read the State of Helmets article by Guy Stanford which has raised concerns about the lack of uniformity of the state and territory helmet road safety requirements and related non-uniform enforcement policy and practice by state and territory law enforcement officers.

In this instance I suggest you raise your concerns with the Australian Transport Council as they administer the road safety motorcycle helmet wearing laws. The Australian Transport Council can be contacted on 02 6274 7111 or visit www.atcouncil.gov.au

Thank you for contacting the ACCC with your concerns. I trust this information is helpful.

Yours Sincerely

Kylie
ACCC Infocentre
Ph: 1300 302 502


Looks like we have to hound the Australian Transport Council as well.
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Old 10-26-2011, 11:04 PM   #42
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I wonder who THEY will pass it on to......
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Old 10-26-2011, 11:43 PM   #43
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What is a "practicable" extent I wonder?..... "most imported helmets made to recognised overseas standards are likely to also meet the Australian Standard." If they are "likely", does this negate the legality issue if it meets, say, Snell or Dot? Matt, I think you are getting closer to someone saying that helmets not necessarily carrying the AS1698 sticker but recognised standard are OK to use. you have WAY more patience than I do, top effort and thanks for keeping us informed
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Old 10-26-2011, 11:50 PM   #44
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I just sent an email to the ATC as well asking them what their role is in this fiasco.

Stay tuned.
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Old 10-27-2011, 12:32 AM   #45
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Quote:
Originally Posted by NoHillsNoTrees View Post
What is a "practicable" extent I wonder?..... "most imported helmets made to recognised overseas standards are likely to also meet the Australian Standard." If they are "likely", does this negate the legality issue if it meets, say, Snell or Dot? Matt, I think you are getting closer to someone saying that helmets not necessarily carrying the AS1698 sticker but recognised standard are OK to use. you have WAY more patience than I do, top effort and thanks for keeping us informed
I read it that way too.

farking local helmet manufacturers are doing misleading advertising if it's found imported helmets are "likely to meet the standard" and someone goes and buys a local helmet based upon that point.

YOu know what you might have just unearthed the gold mine - speak to the accc about misleading advertising by local importers - THAT WILL GET THEIR ATTENTION.

The ACCC are very strong on misleading advertising
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