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A Member Of The Australian Police Force In A Melbourne Requires Help


singhbj singh
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A member of the Australian police force in a Melbourne requires help

Veerji as discussed over phone , I am hereby sending you the attached email that I received for a Singh from Australia regarding the exemption in Crash Helmet, please read the mail please guide us for the further steps....

Regards

---------- Forwarded message ----------

From: Gaganinder <removed mail address>

Date: Wed, Jan 8, 2014 at 1:33 PM

Subject: Help and advice ( exemption from wearing a crash helmet in Australia)

To: "sewaforsewa@gmail.com" <sewaforsewa@gmail.com>

Sat Sri Akal Paaji,

I had a conference today at Equal opportunity commission which involved Equal Opportunity representative,Vic roads representative lawyer and also their policy officer who specifically deals with motor bike issues . They seemed to be understanding of the importance of wearing a Turban for a sikh person but at the same time they indicated that there hands are tied as they are guided by road safety rules act 2010 which doesn't allow them to make any changes to the law . In simple words they say the have to follow the law and that it is not in their hands to give me any exception . They have advised me to take this matter to the court and to the local. Member of Parliament. They indicated that politically this could bring changes by lobbying on the grounds we believe in.

Now is the time I need some assistance in regards to what Sikhs have done earlier getting these changes through the parliament.

If you can provide me details and references of Sikhs in England, Canada, or USA the it will be beneficial for me.

I can be easily contacted on (removed phone number).

Regards

Gaganinder Singh

post-10438-0-39965900-1389454039_thumb.j

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Waheguru Ji Ka Khalsa, Waheguru Ji Ki Fateh Ji

A change in Australian law will be required, most likely (as in the UK) via an amendment to the 'Road Safety Rules Act 2010'

This could be done at State level, or if via Parliament would apply to the whole of Australia.

In the UK there are 3 main sources of official UK legislation that allow Sikhs exemption.

1. In accordance with 'The Motor Cycles (Protective Helmets) Regulations 1980' passed by the British Parliament on 29th August 1980, Section 4(2)© this exempts 'a follower of the Sikh religion while he is wearing a turban.'

The following link shows the actual legislation and wording... http://www.legislation.gov.uk/uksi/1980/1279/pdfs/uksi_19801279_en.pdf

2. Road Traffic Act 1988, Section 16 Wearing of protective headgear.

(1) The Secretary of State may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in side-cars) on motor cycles of any class specified in the regulations to wear protective headgear of such description as may be so specified.

(2) A requirement imposed by regulations under this section shall not apply to any follower of the Sikh religion while he is wearing a turban.

The following link shows the actual legislation and wording... http://www.legislation.gov.uk/ukpga/1988/52/section/16

3. The Highway Code - Rules for motorcyclists (83 to 88)

83

On all journeys, the rider and pillion passenger on a motorcycle, scooter or moped MUST wear a protective helmet. This does not apply to a follower of the Sikh religion while wearing a turban. Helmets MUST comply with the Regulations and they MUST be fastened securely. Riders and passengers of motor tricycles and quadricycles, also called quadbikes, should also wear a protective helmet. Before each journey check that your helmet visor is clean and in good condition.
Laws RTA 1988 sects 16 & 17 & MC(PH)R as amended reg 4

The following link shows the actual legislation and wording... https://www.gov.uk/rules-motorcyclists-83-to-88

UK Sikhs do not abuse the motorcycle helmet exemptions, there are very few riders. The UK has been through all the safety arguments that Australia is currently raising. Ultimately, Sikhs value their dastar and kesh (turban and hair, to non-Sikhs) more than their heads.

I wonder how many Australians complained about health & safety when Sikhs fought in WW1 and WW2 wearing turbans?

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