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  • Police getting it wrong again

    Information from the MRAQ Motorcycle Riders Association Qld

    Information from the MRAQ Motorcycle Riders Association Qld
    It has again recently been brought to the attention of the MRAQ both by media articles and by first-hand contact, that some personnel in the Queensland Road Policing section are either ignorant of the laws that they are charged to enforce or are willingly issuing unlawful infringement notices. In particular with reference to helmet compliance.

    The Queensland Road Rule governing use of a helmet is Rule 270 of the Transport Operations (Road Use Management?Road Rules) Regulation 2009 with the particular wording that constitutes a compliant helmet stating ?

    (3)In this section?
    approved motorbike helmet means a helmet that?
    (a)complies with?
    (i)AS 1698; or
    (ii)AS/NZS 1698; or
    (iii)UN ECE 22.05; or
    (iv)another standard the chief executive considers is at least equal to a standard mentioned in paragraph(i) to (iii); and
    (b)bears a label, or similar mark, indicating compliance with a standard mentioned in paragraph (a)

    The important and wording which seems to be being ignored and causing the issuance of the incorrect infringements is ? ? bears a label, or similar mark, indicating compliance with a standard mentioned in paragraph?.

    The wording means that only one label or similar mark is all that is required, not both, thus either an inside label or an outside sticker indicating compliance with a required standards makes the helmet an ?approved motorcycle helmet? and compliant with the law. Confirmation of this is available at ? https://www.qld.gov.au/transport/saf...rcycle#helmets ?Helmets must display either a stitched label on the inside of the helmet or a sticker on the outside of the helmet, indicating compliance with the approved standards.?

    Anyone that receives an infringement notice for a helmet that is in compliance should take action to have the notice nullified and certainly should not just pay the associated fine and incur the proscribed points as this brings you in jeopardy for any later infringements being double the standard amount of points. The first option is to write to ?The Officer in Charge? at the Road Policing Station that issuing office is attached pointing out the error and requesting cancellation of the notice. If this does not achieve the required result then opt to have the matter heard by a court. Both of these should be undertaken within the 28 days.

    http://mraq.org/police-getting-it-wrong-again/

    SINNERS MCC AUSTRALIA
    If we believe in “freedom”, we don’t get to choose whose freedom is most worth defending.
    Out of 5 million sperm... your the retard that got through? and I thought I was having a bad day!
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