The requirement to wear a seat belt when driving a motor vehicle, and the requirement to wear a helmet whilst riding a motorcycle or bicycle is compulsory in Australia, however exemptions may be granted in specific situations using strict medical guidelines.
To obtain an exemption from wearing a bicycle helmet, you must provide a completed application form (medical report) from a doctor, preferably a specialist who provides medical reasons supporting the exemption. This report must be on a standard form (4 pages in length) obtainable from VicRoads Road Safety Department. Once completed this report will be forwarded by VicRoads to an independent doctor for appraisal and to confirm suitability.
If an exemption is granted, the maximum time allowed for an individual exemption is three years. Application forms can be obtained by writing to:
VicRoads
Road Safety Department
Bicycle Helmet Section
60 Denmark Street
Kew, Victoria 3101
There are no exemptions allowed by law. All riders and passengers (including those in a sidecar) of a motorcycle, or motor trike, must wear an approved motorcycle helmet.
An approved helmet must meet the requirements of the Australian Standard - ASA 1698.
The following vehicles do not require the driver to wear a helmet:
The speed of these vehicles is limited to no more than 10 km/h and as they are used for the conveyance of disabled people it is not defined as a motor vehicle.
The driver may be exempt if the requirement to wear a helmet is not included in the registration conditions document.
An unrestrained occupant is over three times more likely to be killed in a crash than those who wear seat belts. Granting an exemption places an individual's safety at considerable risk and there are no medical conditions for which a person would be unable to wear a seat belt.
However, the law permits a medical practitioner the discretion to issue a driver and / or passenger a written exemption from wearing a seat belt. As this is an issue between the driver, police and medical practitioner, VicRoads will not keep records of exemptions granted.
Medical practitioners usually provide an exemption to people who are extremely obese or who have certain musculo-skeletal conditions and or deformities.
An exemption certificate should be:
- dated and issued on the medical practitioner's letterhead
- state the person's name, address, sex, and date of birth.
It must state:
- the reason why an exemption is issued
- the date it expires (the expiry date should not exceed one year from the date of issue except for musculo-skeletal conditions/deformities of a permanent nature).
An exemption is only valid if it is produced to police, or an authorised officer, for inspection at the time detected for not wearing a seat belt. (ie failure to carry a seat belt exemption at the time of interception will result in you being charged with an offence).
Seat belts do not need to be worn when:
- driving a motor vehicle in reverse
- a person is engaged in door to door delivery, collection of goods or collection of waste or garbage
- the vehicle's speed does not exceed 25 kph.
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