ACCC to review Australian mandatory helmet standard
Posted on in Cycles News
Australian Competition and Consumer Commission to review mandatory bicycle helmet laws.
In 2015, the Australian Competition and Consumer Commission (ACCC) removed the outdated mandatory standard that limited the range of motorcycle helmets available for sale by Australian retailers. Following from this action, the ACCC has released a consultation paper on the review of the Australian mandatory bicycle helmet standard.
Bicycle helmets are currently regulated by a mandatory safety standard that prescribes the general design features, helmet retention system, projections, materials, ventilation, testing and performance requirements, instructions and safety markings.
The mandatory safety standard specifies which bicycle helmets can be supplied to consumers, whereas state and territory road authorities regulate what helmets can be used on the road.
The ACCC has released the following statement -
"This paper is part of a stakeholder consultation about the mandatory safety standard for the supply of bicycle helmets in Australia. The ACCC is interested in any information that could help us assess the options, particularly the potential impacts and benefits of revoking the standard."
The purpose of this review is to assess whether the mandatory safety standard remains effective and whether there are more efficient ways of achieving the same level of safety. This review considers the adoption of international standards. The ACCC has assessed the EN and CPSC standards against its published criteria for acceptance.
The ACCC is reviewing the mandatory safety standard for bicycle helmets because:
- there is potential for future conflict between commonwealth and state/territory regulation
- overlapping regulations create increased compliance costs for governments, businesses and consumers
- regulatory good practice and government policy encourages the use of trusted standards
- the Australian Consumer Law (ACL) includes a number of consumer protections and guarantees which may be used by the ACCC with state and territory road use laws to ensure the safe supply of bicycle helmets.
The ACCC's preliminary position is to revoke the mandatory safety standard to remove potential for a future conflict between commonwealth and state/ territory regulation. The ACCC are now accepting formal submissions in response to the consultation.