Hi everyone,
I have been working with Craig Richards, CEO of Bicycle Network, on an approach to applying to VicRoads for helmet exemptions under the provisions of the relevant Victorian road rule, which allows that VicRoads may issue a certificate stating that it would be impracticable, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet.
To date, we are only aware of such certificates being issued for medical reasons, which VicRoads state on their website is the only permissible reason to issue an exemption. Craig and I met on Thursday with a barrister specialising in administrative law to explore possible avenues of appeal should an application on non-medical grounds be refused. It became clear that an appeal could be successful if the application was rejected on the narrow basis of being ‘non-medical’. However, no silver bullets here – the matter would be returned for further consideration by VicRoads, who would retain the decision making power, and who may well refuse the application again, on non-medical grounds.
We are working through options for the best way forward, as we think the exemption process may help in chipping away at the current impasse, where State governments just refuse to engage with helmet law reform. Once we have had a couple more strategy meetings, we may be looking to get a number of our (Victorian) members to apply for exemptions for a range of non-medical reasons. So keep that in mind if you would like to be part of this.
Alan Todd
President
Freestyle Cyclists