tour x helmets

[z-weiser]

Sorry this is gonna get legal - here is the text of the regulations!

i'm still looking for the amendments!

by the way this is all from HMSO so it's the official line! I've removed links and some of the bits that aren't part of the SI but the text about the law is all as it should be!

• • Statutory Instrument 1998 No. 1807
    The Motor Cycles (Protective Helmets) Regulations 1998
    © Crown Copyright 1998
    1998 No. 1807

ROAD TRAFFIC

The Motor Cycles (Protective Helmets) Regulations 1998
Made22nd July 1998 Laid before Parliament30th July 1998 Coming into force21st August 1998
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 16 and 17 of the Road Traffic Act 1988 and after consultation with representative organisations in accordance with the provisions of section 195(2) of that Act, hereby makes the following Regulations: -

Citation and commencement
1. These Regulations may be cited as the Motor Cycles (Protective Helmets) Regulations 1998 and shall come into force on 21st August 1998.

Revocation
2. The Regulations specified in Schedule 1 to these Regulations are hereby revoked.

Interpretation
3. In these Regulations -

• (a) "EEA State" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993
  
  (b) a reference to a numbered regulation is a reference to the regulation so numbered in these Regulations; and
  
  (c) a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference occurs.

Protective headgear
4. - (1) Save as provided in paragraph (2), every person driving or riding (otherwise than in a side-car) on a motor bicycle when on a road shall wear protective headgear.

(2) Nothing in paragraph (1) shall apply to any person driving or riding on a motor bicycle if -

• (a) it is a mowing machine; or
  
  (b) it is for the time being propelled by a person on foot.

(3) In this regulation -

• "motor bicycle" means a two-wheeled motor cycle, whether or not having a side-car attached, and for the purposes of this definition where the distance measured between the centre of the area of contact with the road surface of any two wheels of a motor cycle is less than 460 millimetres, those wheels shall be counted as one wheel;

• "protective headgear" means a helmet which -

• (a) either -
  • (i) bears a marking applied by its manufacturer indicating compliance with the specifications contained in one of the British Standards (whether or not as modified by any amendment) mentioned in Schedule 2 to these Regulations; or
    
    (ii) is of a type manufactured for use by persons on motor cycles which by virtue of its shape, material and construction could reasonably be expected to afford to the wearer a degree of protection from accidental injury similar to or greater than that provided by a helmet of a type prescribed by regulation 5;
  (b) if worn with a chin cup attached to or held in position by a strap, is provided with an additional strap (to be fastened under the wearer's jaw) for securing the helmet to the head; and
  
  (c) is securely fastened to the head by means of straps provided for that purpose; and
  
  "strap" includes any fastening device.
  
  

Prescribed types of recommended helmet
5. - (1) The types of helmet hereby prescribed as types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of an accident are helmets which as regards their shape, construction and other qualities conform -

• (a) with British Standard 6658:1985 as amended by Amendment Slip number 1 published on 28th February 1986 and are marked with the number of that standard, or
  
  (b) with any other standard accepted by an EEA State which offers in use equivalent levels of safety, suitability and fitness for purpose and are marked with a mark to indicate that standard,
  
  and in either case are marked with an approved certification mark of an approved body (whether or not they are required to be so marked by the standard in point).

(2) For the purposes of this regulation -

• (a) an approved certification mark is -
  • (i) the certification mark of the British Standards Institution; or
    
    (ii) a certification mark which indicates that a conformity assessment equivalent to that of the British Standards Institution has been undertaken, and
  (b) an approved body is -
  • (i) the British Standards Institution; or
    
    (ii) any body approved by an EEA State to undertake conformity assessments equivalent to those undertaken by the British Standards Institution.

Saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987
6. Nothing in regulation 5(1) shall be taken to authorise any person to apply any number or mark referred to therein in contravention of the Trade Descriptions Act 1968 or the Consumer Protection Act 1987.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Helene Hayman
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions

22nd July 1998

SCHEDULE 1Regulation 2

REVOCATIONS

(1) (2) Orders revoked References The Motor Cycles (Protective Helmets) Regulations 1980S.I. 1980/1279The Motor Cycles (Protective Helmets) (Amendment) Regulations 1981S.I. 1981/374The Motor Cycles (Protective Helmets) (Amendment) Regulations 1986S.I. 1986/472

SCHEDULE 2Regulation 4(3)

BRITISH STANDARDS

1. British Standard 2001:1956 as amended by the following Amendment Slips -

Number Date of Publication 111th January 1957223rd November 1959327th February 1962411th June 1964513th March 1968618th February 1972
2. British Standard 1869:1960 as amended by the following Amendment Slips -

Number Date of Publication 129th May 196343rd December 1965513th March 1968610th August 197173rd January 1972815th May 197391st February 1974102nd September 1974111st March 1975
3. British Standard 2495:1960 as amended by the following Amendment Slips -

Number Date of Publication 129th May 1963222nd February 196537th December 1965422nd July 1966510th August 197163rd January 197271st February 197481st March 1975
4. British Standard 2001:1972 as amended by the following Amendment Slips -

Number Date of Publication 112th December 1972226th January 197331st February 197442nd September 197451st March 1975
5. British Standard 5361:1976

6. British Standard 2495:1977

7. British Standard 5361:1976 as amended by the following Amendment Slips -

Number Date of Publication 30th September 1977 31st August 1978 31st August 1979 29th February 1980
8. British Standard 2495:1977 as amended by the following Amendment Slips -

Number Date of Publication 130th September 1977 31st August 1978 31st August 1979 29th February 1980
9. British Standard 5361:1976 as amended by the following Amendment Slips -

Number Date of Publication 130th September 1977 31st August 1978 31st August 1979 29th February 1980 27th February 1981
10. British Standard 2495:1977 as amended by the following Amendment Slips -

Number Date of Publication 130th September 1977 31st August 1978 31st August 1979 29th February 1980 27th February 1981
11. British Standard 6658:1985 as amended by the following Amendment Slip -

Number Date of Publication 28th February 1986

See next post for explanatory notes!

[z-weiser]

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and consolidate with amendments the Motor Cycles (Protective Helmets) Regulations 1980 and their amending instruments (the "1980 Regulations"). The 1980 Regulations prescribed certain types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of accident. The types of helmet were prescribed by reference to conformity with certain British Standards and by appropriate markings.

These Regulations require every person driving or riding (otherwise than in a side-car) on a motor cycle on a road to wear protective headgear as defined in regulation 4. This requirement does not extend to a mowing machine, or vehicle being propelled by persons on foot (regulation 4(2)). Nor does it extend, by virtue of section 16(2) of the Road Traffic Act 1988, to a follower of the Sikh religion while he is wearing a turban.

Regulation 5 prescribes certain types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of an accident. The types of helmet are so prescribed by reference to British Standard 6658:1985 as amended or any other standard accepted by a European Economic Area ("EEA") State which offers in use equivalent levels of safety, suitability and fitness for purpose. In each case the helmet must be marked with the relevant standard with which it conforms and an approved certification mark of an approved body. In this context "equivalent levels" means levels which are the same or greater in respect of the factors specified. The 1980 Regulations did not prescribe types of helmet by reference to standards accepted by EEA States.

These Regulations have been notified to the European Commission pursuant to Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1983 L109, p.9) as amended by Council Directive 88/182/EEC of 22nd March 1988 (OJ 1988 L81, p.75) and European Parliament and Council Directive 94/10/EEC of 23rd March 1994 (OJ 1994 L100, p.30).

British Standard 6658:1985 may be obtained from any outlet operated by the British Standards Institution (BSI) or by post from BSI at 389 Chiswick High Road, London W4 4AL (Telephone number: 0181-996 9000).

[Lord Vader]

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and consolidate with amendments the Motor Cycles (Protective Helmets) Regulations 1980 and their amending instruments (the "1980 Regulations"). The 1980 Regulations prescribed certain types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of accident. The types of helmet were prescribed by reference to conformity with certain British Standards and by appropriate markings.

These Regulations require every person driving or riding (otherwise than in a side-car) on a motor cycle on a road to wear protective headgear as defined in regulation 4. This requirement does not extend to a mowing machine, or vehicle being propelled by persons on foot (regulation 4(2)). Nor does it extend, by virtue of section 16(2) of the Road Traffic Act 1988, to a follower of the Sikh religion while he is wearing a turban.

Regulation 5 prescribes certain types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of an accident. The types of helmet are so prescribed by reference to British Standard 6658:1985 as amended or any other standard accepted by a European Economic Area ("EEA") State which offers in use equivalent levels of safety, suitability and fitness for purpose. In each case the helmet must be marked with the relevant standard with which it conforms and an approved certification mark of an approved body. In this context "equivalent levels" means levels which are the same or greater in respect of the factors specified. The 1980 Regulations did not prescribe types of helmet by reference to standards accepted by EEA States.

These Regulations have been notified to the European Commission pursuant to Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1983 L109, p.9) as amended by Council Directive 88/182/EEC of 22nd March 1988 (OJ 1988 L81, p.75) and European Parliament and Council Directive 94/10/EEC of 23rd March 1994 (OJ 1994 L100, p.30).

British Standard 6658:1985 may be obtained from any outlet operated by the British Standards Institution (BSI) or by post from BSI at 389 Chiswick High Road, London W4 4AL (Telephone number: 0181-996 9000).

Hey Z sometimes you realllly scare me with stuff like that

[z-weiser]

tell me about it - i have had to make a large strong coffee after all that!

when i get a mo later i'll try and de-cypher it into english and check for any recent amendments!

[btbloke]

big thanks for that Z,so if I read it right (with the my new and 1st pair of glasses the mrs has finally made me buy) If it aint got the kite or the EEA mark don't bother as it isn't legal and therefore possibly not safe as not tested or approved.
Did I get it right or do the glasses go back to the charity shop?

















pinks not my colour anyway,and next door says i look like dame edna in hornrims.

[Steve C]

Not sure about the legality, but what size head do you have? Before buying, I'd actually try one on first. I bought an XL on-line because I thought it was the right size. It wasn't I needed an L

Now I have two....

Cie - you wanna relieve yourself of that XL lid? Sent you a pm but am guessing you're box might be full?

[Lumiya]

2) For the purposes of this regulation -
(a) an approved certification mark is -
(i) the certification mark of the British Standards Institution; or

(ii) a certification mark which indicates that a conformity assessment equivalent to that of the British Standards Institution has been undertaken, and
(b) an approved body is -
(i) the British Standards Institution; or

(ii) any body approved by an EEA State to undertake conformity assessments equivalent to those undertaken by the British Standards Institution.

That's the paragraph that makes it ambiguous, especially the "equivalent" comment as that really does mean that you can wear a helmet made from anywhere in the world as long as it's marked upto a standard relevant and equivelant to the EN/BS standards. If Japan, US or other countries have testing the same as ours for helmets then you can quite happily wear one as long as it's marked as passing those standards.

Kymmy

[Palmer]

Theres a new Tour-x coming out in April with a few extra's like a bit to stop the wind and all the bugs from being directed into the helmet, maybe would be a good idea to wait for one of those

[z-weiser]

That's the paragraph that makes it ambiguous, especially the "equivalent" comment as that really does mean that you can wear a helmet made from anywhere in the world as long as it's marked upto a standard relevant and equivelant to the EN/BS standards. If Japan, US or other countries have testing the same as ours for helmets then you can quite happily wear one as long as it's marked as passing those standards.

Kymmy

I think if it is recognised by a Euro state as a mark that they accept by an organisatin that they accept then it is good here!

probably - i'm still checking further afield!

gonna ask my local bike bobbies next time i'm at the nick!

Z

[Slimie]

Like someone said - check the sizes! I bought a Shoei Hornet theough a chap on the site who lived in Japan in the same size as my XR1000 and it was way too small. Luckily sold it to a guy on Adv Rider who had a littler head than mine!

Regarding the "different heads in different markets" thing, would that mean that a friend from Hong Kong would have to go home to buy an appropriate helmet?

Or an American living here wouldn't find the right fit?

I've a feeling it's a marketing ruse to get us to buy overpriced merchandise from our home market. But it's just a feeling!!

-Simon