Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004: Amendment: Law drafting instructions

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A decision made 10 August 2021:

Decision Reference: MD-T-2021-0049
Decision Summary Title:	Requirement for the wearing of Motorcycle Helmets by Sikhs whilst wearing a turban		Date of Decision Summary:	02 August 2021
Decision Summary Author:	Senior Traffic Officer (Programmes)		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Requirement for the wearing of Motorcycle Helmets by Sikhs whilst wearing a turban		Date of Written Report:	02 August 2011
Written Report Author:	Senior Traffic Officer (Programmes)		Written Report: Public or Exempt?	Public
Subject: Requirement for the wearing of Motorcycle Helmets by Sikhs whilst wearing a turban.
Decision(s): The Minister agreed for changes to be made to the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004, to remove the requirement for followers of the Sikh religion who are wearing a turban from wearing a protective helmet whilst riding a motorcycle or moped.
Reason(s) for Decision: To align the requirements with other provisions within Jersey roads legislation for followers of the Sikh religion to be exempt from wearing protective helmets whilst wearing a turban. Ensuring that whilst being considerate to the road safety concerns for the individual that they are not being discriminated against by their choice of religious belief.
Resource Implications: Legislative Drafting and DVS Officer time.
Action required: Head of DVS to instruct the Principal Legislative Drafter to make the necessary amendments.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004: Amendment: Law drafting instructions

INFRASTRUCTURE, HOUSING AND ENVIRONMENT

Requirement for the wearing of Motorcycle Helmets by SikhS

WHILST WEARING A TURBAN

Purpose of the Report

To seek the Minister’s agreement to instruct the Law Draftsman to draft Order amendments to the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004, to remove the requirement for followers of the Sikh religion whilst wearing a turban to wear a protective helmet when riding a motorcycle or moped.

Background

Following correspondence received by DVS from a gentleman who is a practicing Sikh, it is apparent that there is currently no exemption for followers of the Sikh religion whilst wearing a turban from wearing a protective helmet when riding a motorcycle or moped within the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004. This exemption is however included in Article 6A (3)(e) of the Pedal Cycles (Jersey) Order 1998, covering the requirement for children to wear protective helmets whilst riding bicycles.

Discussion

Currently, legislation is in place within the UK, the majority of the Canadian provinces, India, Pakistan and New Zealand allowing Sikhs whilst wearing a turban not to wear protective helmets when riding motorcycles. Of note, the exemption in New Zealand limits this to speeds under 60 kph (37 mph).

The UK passed their legislation in 1976 under a religious exemption bill to write into primary law the removal of the requirement to wear protective helmets whilst riding motorcycles for Sikhs wearing turbans. This is highlighted in Rule 83 of the UK Highway Code, however the current Jersey Highway Code does not emphasise this difference.

Article 9 of the European Convention on Human Rights covering freedom of thought, conscience and religion, has been the basis of previous challenges in other European countries on this matter. In respect of Sikhs they are not prosecuted for motoring offences in the UK when not wearing a helmet whilst riding a motorcycle as they routinely wear a turban as an expression of their religious beliefs.

When considering the balance between an individual’s rights under religious beliefs, their personal safety and the effects on other road users. The maximum speed limit of 40 mph within Jersey, coupled with significantly lower limits throughout the island are considered as proportionate when considering these risks.

Recommendation

The Minister is recommended to agree for changes to be made to the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004, to remove the requirement for followers of the Sikh religion whilst wearing a turban to wear a protective helmet when riding a motorcycle or moped.

Reason(s) for Decision

To align the requirements with other provisions within Jersey roads legislation for followers of the Sikh religion to be exempt from wearing protective helmets whilst wearing a turban. Ensuring that whilst being considerate to the road safety concerns for the individual that they are not being discriminated against by their choice of religious belief.

Action Required

Inspector of Motor Traffic to instruct the Principal Legislative Drafter to make the necessary amendments to the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004.

Written by:	Senior Traffic Officer (Programmes) – Driver and Vehicle Standards

Approved by:	Inspector of Motor Traffic