Cycle Helmets: Compulsory Wearing by Young Cyclists

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A decision made 15 April 2011:

Decision Reference: MD-T-2011-0039

Decision Summary Title :

Road Traffic (Jersey) Law 1956

Compulsory Wearing of Cycle Helmets by Young Cyclists - Drafting Instructions ~~’’’~~

Date of Decision Summary:

07 April 2011

Decision Summary Author:

Head of DVS &

Inspector of Motor Traffic

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Road Traffic (Jersey) Law 1956

Compulsory Wearing of Cycle Helmets by Young Cyclists - Drafting Instructions

Date of Written Report:

07 April 2011

Written Report Author:

Head of DVS &

Inspector of Motor Traffic

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 approved the drafting instructions to make it compulsory for cyclists under 14 years of age to wear a cycle helmet so that they can be forwarded to the Minister for Economic Development for his support and subsequently to the Law Draftsman so that the necessary changes to legislation can be drafted.

Reason(s) for Decision: To progress the request of the States.

Resource Implications: Publicising the requirement could cost in the region of £8,000. The funding allocation will require re-prioritisation of TTS budgets.

Action required: Head of Driver and Vehicle Standards to forward the instructions to the Minister for Economic Development and subject to that Minister’s support, 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 Wearing by Young Cyclists - Law Drafting Instructions

TRANSPORT AND TECHNICAL SERVICES

ROAD TRAFFIC (JERSEY) LAW 1956

COMPULSORY WEARING OF CYCLE HELMETS BY YOUNG CYCLISTS

DRAFTING INSTRUCTIONS

Purpose of the Report

To consider drafting instructions for amending the Road Traffic (Jersey) Law 1956 and associated Orders.

Background

The States, on 10 March 2010, agreed to support part of Deputy Andrew Green’s Proposition 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 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 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, 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 for Economic Development. 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 Head of Driver and Vehicle Standards has contacted the Director of Trading Standards to ascertain, on behalf of the Minister for Economic Development, that a similar approach for cycle helmets is acceptable to EDD. The response was positive and subject to the Minister for TTS approving the drafting instructions, a similar report will be put before the Minister for Economic Development to make a decision.

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 £8,000. If a similar level of publicity is warranted the funding allocation will require re-prioritisation of TTS budgets.

Recommendation

The Minister is asked to approve the drafting instructions so that they can be forwarded to the Minister for Economic Development for his support and subsequently to the Law Draftsman so that the necessary changes to legislation can be drafted.

Reason(s) for Decision

To progress the request of the States.

Action Required

Head of Driver and Vehicle Standards to forward the instructions to the Minister for Economic Development and subject to that Minister’s support, to the Law Draftsman so that the necessary changes to legislation can be drafted.

Written by:	Head of Driver and Vehicle Standards

Approved by:	Acting Director of Transport

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