Sikh cyclist exempted from fine for not wearing helmet in Oz
Thursday, 28/03/2013
http://punjabnewsline.com/news/Sikh-cyclist-exempted-from-fine-for-not-wearing-helmet-in-Oz.html
MELBOURNE: Jasdeep Atwal has become the first Sikh man in Australia exempted by court from paying fine as he was not wearing a helmet while riding a bicycle.
Following the court verdict, Australian traffic authorities will have to review their policy.
Magistrate Stuart Shearer of a Queensland court was quoted as saying in media reports, “How on earth is going to get a bike (rider) a helmet over his turban?”
Atwal was imposed a fine of one hundred dollars last year and was facing conviction on charges of violating traffic norms.The court on Wednesday announced its decision to exempt Atwal from paying any fine.
As per reports, Atwal stated in the court that he had taken off his turban only while sleeping or to wash his hair.He said, “The law indirectly discriminates against Sikhs from riding bicycles because essentially we cannot wear a helmet.”
"It's (the court) absolved me of all the charges, I've got no fines to pay and no demerit points on my licence. This is a bit of a landmark which we will be able to use in our lobbying in the future," Atwal said.
The latest verdict is said to potentially prompt Queensland police to revise their transport policy.Under the present rules, the only exception to the rule under the Transport Operations (Road Use Management, Road Rules) Regulation 2009 is if in case the cyclist has a medical certificate.
An expert in the fields of criminal and traffic defence law, Kurt Fowler said,"What's happened is the court has found him (Atwal) guilty, but have not upheld any penalty, which is a sign that it wasn't a proper prosecution. This usually happens when a magistrate is forced to hear a case for hours that they think is a waste of time.”
