Page 95 - Week 01 - Tuesday, 16 February 1993

Mr Connolly - the answer to the Members question is as follows:

(1) Statistics on the number of people cautioned for failure to wear cycle helmets are not maintained

by the ACT Region of the Australian Federal Police.

(2) Nineteen people over 18 years of age have been fined for non-compliance with the cycle helmet

law. The age of 16 years has no relevance to the cycle helmet legislation as Traffic Infringement

Notices (or on-the-spot fines) are only issued for offenders over 18 years of age.

(3) None.

(4) & (5) Not applicable.

(6) The course of action open to Police and authorities is exactly the same as for Parking

Infringement Notices and other Traffic Infringement Notices. If the offender fails to take any

action (Ie pay or dispute the fine) within 28 days of receiving an infringement notice, a letter

is sent advising of further action. The offender is given a further 14 days to pay the original

fine plus an administrative charge of $25 to cover processing costs. Should the offender fail

to pay the total amount owed, suspension of licence, registration or the fight to drive in the

ACT will follow. All outstanding penalties have to be paid before a licence or registration

can be re-instated.

(7) No. For offenders under 18 years of age, the Police have the option to issue a summons for the

offender to appear in court. Offenders who are 18 years and over are issued with a Traffic

Infringement Notice.

(8) Compelling adults to wear helmets to set an example to children was a very minor factor in

legislating for adults to wear helmets. The major reason in compelling adults to wear helmets was

the overwhelming evidence that the wearing of helmets reduces the risk of death or serious injury

for all cyclists, regardless of age. One could suggest that many other laws that apply to both

adults and children have the inferred effect of adults setting a good example to children.

However, in most cases, and certainly in the case of the compulsory wearing of bicycle helmets,

the primary purpose of the law is to regulate the behaviour of adults and children for the good of

the individual.