A “Utility Off-Road Vehicle” covered by the legislation … not a 4WD ute (Photo: Qld Government)

January 31, 2017

by Anne Miller

Monday’s alert by Workplace Health and Safety about a change in quad bike regulations from February 1 has caused some concern in the South Burnett community.

To clear up any confusion, southburnett.com.au has sought further information about the new quad bike or ATV regulations.

The laws which come into force on Wednesday ONLY apply to conditionally registered vehicles driven on the road or road-related areas such as verges or median strips.

They would apply if, for example, a farmer on a quad bike was leading cattle across a road, or herding cattle down a road.

The WH&S statement also referred to a ban on children under the age of eight being “passengers in utility off-road vehicles being used on a road”.

This sent alarm bells ringing, with many readers fearing they were no longer permitted to carry their younger children in their 4WD utes on the road.

This is NOT the case.

The State Government’s terminology of “Utility Off-Road Vehicle” refers to what many people call a “side-by-side” or UTV (see images, above) ,which the government divides into categories of “agricultural”, “construction / maintenance ” or “maintenance / recreational” use.

So … from February 1, children under the age of eight are prohibited from being carried as passengers on quad bikes and utility off-road vehicles, as well as any child of any age if they are unable to sit with their feet flat on the floor and hands on handholds.

As well, from February 1, the requirement for the operator of a quad bike or utility off-road vehicle and their passengers to wear a motorcycle helmet will be legislated in the Transport Operations (Road Use Management – Road Rules) Regulation 2009. Failing to comply with the mandatory helmet requirements will result in a fine of $365 and the loss of three demerit points.

Exemptions from wearing an approved motorcycle helmet still apply for the driver and passengers of utility off-road vehicles (not quad bikes) being operated under a location restriction, provided the vehicle has factory-fitted seatbelts and a rollover protection system.


 

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