Lonely Planet™ · Thorn Tree Forum · 2020

Helmet law scrapped

Country forums / Pacific Islands & Papua New Guinea / Cook Islands

From Cook Island News Online:

"Friday 4: H-Day has been averted in the nick of time - helmets will no longer become compulsory on 12 April.
The reversal was announced yesterday by prime minister Jim Marurai after a cabinet meeting..
The cabinet decision was made after the 'No to compulsory helmets' lobby group led by Nga Puna made a presentation to the ministers.

Section 86A (1) of the Transport Act 1966 reads, "No person shall drive a motorcycle on any road at any speed exceeding 40 kilometres an hour unless the driver and every other person carried are each wearing, and have properly fastened, an approved safety helmet." This law will continue and the new law contained in the transport amendment act 2007 passed last November will be repealed. H-Day would have been the end of the four-month grace period before the law came into effect.
The new law would have made it compulsory for all motorcyclists and pillion passengers and cyclists to wear a safety approved helmet at all times on the road.
Lynch says it is still important to note that the other part of the new law relating to fines will still come into effect. If a motorcyclist is travelling over 40kph without an approved helmet, they will face an instant fine of $100."

It's actually still up in the air. What they are saying is that the start date only will be postponed, for four months. Others are suggesting it only apply to those who drive over 4okph. So, it doesn't seem set in stone yet.

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Why on earth WOULDNT they have a compulsory helmet law ??

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"Why on earth WOULDN'T they have a compulsory helmet law ??"

Free will, people openly flouting the law no matter what thus bringing law enforcement into disrepute because officers never ticket their relatives.

On Vava'u the scooter rental place insists that helmets be worn because it's the law-driving by the Police station bare headed-I always was-brings a friendly wave from the officers on duty.

It's the South Pacific not Germany.

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"It's actually still up in the air. What they are saying is that the start date only will be postponed, for four months. Others are suggesting it only apply to those who drive over 4okph. So, it doesn't seem set in stone yet. "

By reading the article it seems like the four month grace period was from December 2007 to April 2008, but the part of the 2007 law which would have required people to wear a helmet when going below 40 kph was repealed before the four month grace period expired.
This means 'business as usual' for slow drivers, the way it has 'always' been, i.e. no helmet needed when going below 40 kph.

If you travel above 40 kph you need a helmet, in accordance with the 1966 law (i.e. no changes), but the news is that the offense now carries a $100 fine.

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I think you have to realize that laws in the Cooks are A: subject to change if there is enough public pressure;, and B: disregarded for the most part if there is enough public pressure.

Things could change over the next few months, quite easily. If you plan tyo go there, you may not find out until you arrive exactly what the current law is/enforcement of the current law.

Several companies bought a whole bunch of helmets, so they are complaining about a possible repeal of the law, which didn;t actually go into effect--or so it seems. I'm not there right now, but you could e-mail whatever accommodation you plan on staying at for the latest info before you arrive.

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Raro, it turns out you were right :-)
The new helmet law hasn't been completely scrapped; implementing the 'must wear helmet all the time while riding' law has been delayed another four months (until August) so that the government can evaluate the situation further.
The part about needing to wear a helmet when traveling > 40 kph is still in effect, including the recently instituted $100 fine.

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