Cycle Helmets: Compulsory use by young cyclists: Law Drafting Instructions

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A decision made 16 May 2011:

Decision Reference: MD-E-2011-0070
Decision Summary Title :	DS- Consumer Safety (Jersey) Law 2006 - Amendment to Consumer Safety (Protective Helmets) Order 2006		Date of Decision Summary:	10 May 2011
Decision Summary Author:	Director of Trading Standards		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Director of Trading Standards
Written Report Title :	WR- Consumer Safety (Jersey) Law 2006 - Compulsory Wearing of Cycle Helmets by Young Cyclists		Date of Written Report:	20 April 2011
Written Report Author:	Head of Driver and Vehicle Standards		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Law Drafting Instructions for Compulsory Wearing Of Cycle Helmets By Young Cyclists.
Decision(s): The Minister agreed that the Consumer Safety (Protective Helmets) Order 2006 should be amended to prohibit the supply of cycle helmets other than those certified as compliant with British Standard (BS) EN 1078 : 1997, amended 2005.
Reason(s) for Decision: The States, on 10th March 2010, adopted part of P.4/2010 and thereby requested the Minister for Transport and Technical Services to bring forward legislation to ensure that cyclists were required to wear a suitable safety helmet whilst cycling in the case of persons aged under the age of 18 years. The Minister for Transport and Technical Services has approved law drafting instructions to amend the Road Traffic (Jersey) Law 1956 to require children under 14 years old to wear a cycle helmet when riding a cycle on public road, cycle track or in a public park. A consequent amendment to the Consumer Protection (Protective Helmets) (Jersey) Order 2006 is required to ensure that cycle helmets sold in Jersey would comply with a reputable standard. The law drafting instructions also include instructions to secure an amendment to the above Order. As the Order is administered by the Minister for Economic Development, his endorsement is required.
Resource Implications: None for Economic Development
Action required: Director of Trading Standards to advise the Head of Driver and Vehicle Standards that the instructions can be forwarded to the Law Draftsman so that the necessary changes to legislation can be drafted.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Cycle Helmets: Compulsory use by young cyclists: Law Drafting Instructions

ECONOMIC DEVELOPMENT DEPARTMENT

CONSUMER SAFETY (JERSEY) LAW 2006

COMPULSORY WEARING OF CYCLE HELMETS BY YOUNG CYCLISTS

DRAFTING INSTRUCTIONS

Purpose of the Report

To consider drafting instructions to enable legislation to be promoted that will require compulsory wearing of cycle helmets by young cyclists on public roads, cycle tracks and in parks.

Background

The States, on 10th March 2010, agreed to support part of Deputy Andrew Green’s P4/2010 and asked the Minister for TTS to bring forward legislation “to ensure that cyclists were required to wear a suitable safety helmet whilst cycling in the case of persons aged under the age of 18 years.”.

Discussion

Draft instructions have been prepared by the Head of Driver and Vehicle Standards to amend the Road Traffic (Jersey) Law 1956 (RTL) and associated Orders to require children under 14 years old to wear a cycle helmet when riding a cycle on public road, cycle track or in a public park. A copy of the draft instructions is attached. It is expected that Regulations amending the RTL will have to be put before the States by the Minister for TTS and that the subsequent Orders will be made by the relevant Ministers.

It is assumed that the necessary legislation will follow a similar model to that for wearing protective helmets when riding a motorcycle. The RTL allows the Minister for TTS, by Order, to make provision requiring persons riding a motorcycle to wear a protective helmet. The Road Traffic (Protective Helmets)(Jersey) Order 2004 simply states:-

A person driving or riding on a motor cycle (otherwise than in a side-car) on a road must wear a protective helmet that –

(a) complies with a standard set out in the Schedule to the Consumer Protection (Protective Helmets) (Jersey) Order 2004;[2] and

(b) is securely fastened to the person’s head by any fastening provided on the helmet for the purpose.

The Consumer Protection (Protective Helmets) (Jersey) Order 2006, is administered by the Minister. This Order states:-

A person must not supply protective helmets, or the component parts or raw materials for protective helmets, that do not comply with a standard set out in the Schedule

The Schedule lists British Standards and International Standards with which the helmets supplied must comply.

The Minister for TTS has approved the drafting instructions and is seeking the Minister’s support to promote a new or revised Order covering cycle helmets in a similar manner to how the Consumer Safety (Protective Helmets) (Jersey) Order 2006 covers motorcycle helmets. The Minister would need to, under the Consumer Safety (Jersey) Law 2006, make an Order prohibiting the supply of protective helmets that do not comply with a standard set out in the Order.

All the known suppliers of cycle helmets in Jersey have been contacted advising them of the proposal to make helmets compulsory for those under 14 years old and seeking confirmation of the standards met on the helmets these outlets supply. All supply helmets complying with (BS) EN 1078 : 1997, amended 2005 – Helmets for pedal cyclists and for users of skateboards and roller skates. To accommodate those who may purchase a cycle helmet via the internet or when visiting North America, standards from North America are also listed in the draft Schedule to the Order (these standards are equivalent or higher than the European standard).

A comment was received from one of the outlets that also hire bicycles to the public. The company also hire child trailers that are towed behind cycles. Children are seated, restrained in these trailers which are relatively stable, are lower to the ground and have a protective frame. In view of the reduced risk of a child travelling in one of these trailers falling from the trailer and striking his/her head on the ground (the risk for which cycle helmets are to be made compulsory), it is not intended to make the wearing of a cycle helmet compulsory for children travelling restrained in these trailers.

The States Police have expressed concerns about the practicalities of enforcing any legislation requiring children under 14 to wear a cycle helmet. The instructions include making provision for stopping those suspected of riding without a helmet and requiring them to provide the police with name and address. Due to the cyclists affected by this proposed legislation being under 14, it is also proposed that the person who has responsibility for the child will be liable for any fine.

It is expected that the requirements to wear a cycle helmet will become compulsory a few months after the relevant Order is made to allow parents and others sufficient time to provide the correct helmet for their children.

It is likely that some publicity will be required to advertise the new requirements. Producing leaflets and public advertisements for the introduction of rear seat belts a few years ago cost over £8000. If a similar level of publicity is warranted funding will be found by reprioritising TTS funds. There should be no costs for Economic Development.

Recommendation

The Minister is asked to support the Minister for Transport and Technical Services and approve the drafting instructions to make it compulsory for young cyclists to wear a cycle helmet so that the instructions can be forwarded to the Law Draftsman for the necessary changes to legislation to be drafted.

Reason(s) for Decision

To progress the request of the States.

Action Required

Director of Trading Standards to advise the Head of Driver and Vehicle Standards that the instructions can be forwarded to the Law Draftsman so that the necessary changes to legislation can be drafted.

Written by:	Head of Driver and Vehicle Standards

Approved by:	Director of Trading Standards

Endorsed by:

Attachments: Compulsory Wearing Of Cycle Helmets By Young Cyclists - Drafting Instructions

ASM

20 April 2011