To all our Victorian supporters, I have some good news concerning changes to the helmet exemption process.
A number of us have been mounting challenges over the past couple of years, seeking helmet exemptions from VicRoads for non-medical reasons. Though we pretty much hit a brick wall of intransigence, we did at least force an admission that the legislation did not restrict VicRoads to only medical considerations. They did nonetheless show a complete unwillingness to deal effectively with our requests, till after a year of too and fro we thought we would need to go to a higher court to get some action – a process both arduous and not necessarily promising any substantial positive results.
Then out of the blue, a couple of weeks ago, the regulation (rule 256 of the Road Safety Road Rules) was changed. The option for any non-medical exemption (aside from religious headwear) has been removed. At first glance, this might seem a step backwards, however the good news is that medical exemptions are no longer in the hands of VicRoads. A certificate issued by a registered medical practitioner now in and of itself constitutes a legal exemption – no argument. The relevant extract from the legislation is copied below:
256 Bicycle helmets
(1) The rider of a bicycle must wear an approved bicycle helmet securely fitted and fastened on the rider’s head unless—
(a) a registered medical practitioner has issued a certificate to the rider under subrule (4) and the rider complies with subrule (6) …………….
…………………
(4) A registered medical practitioner may issue a certificate stating that, because of a disability or medical condition, it is impracticable, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while riding on, or being taken as a passenger on, a bicycle.
(5) A registered medical practitioner may make a certificate issued under subrule (4) subject to conditions.
(6) A certificate issued under subrule (4) must be—
(a) carried by the person to whom it applies while the person is riding on, or being taken as a passenger on, a bicycle; and
(b) produced by the person to a police officer or authorised person when requested to do so.
So what this means is that if you have any medical condition (including of course mental health conditions), you can get your doctor to issue you with a medical certificate exempting you from the requirement to wear a helmet. The nature of your condition remains confidential – all you are required to do is to carry the certificate with you, and show it on demand to a police person, and that is the end of the matter. No argument. Similar legislation has been in place from the word go in Queensland, and has worked well there, so hopefully there will be no hiccups here in Victoria.
The VicRoads website is awash with warnings and advice for doctors, none of which they need to pay the slightest attention to. The regulation itself is quite clear and specific.
So if you think you have a medical condition – any one at all – that makes it ‘impracticable’ or ‘undesirable’ or ‘inexpedient’ to wear a helmet, see your doctor about getting a certificate. Small progress I know, but hopefully it will make life easier for many of us.
Alan Todd
Vice President
Freestyle Cyclists.