Coronor slams ATV rules

A TASMANIAN coroner has once again called on the state government to boost safety laws around ATVs. 

Coroner Simon Cooper has expressed his frustration over a lack of action by the government regarding his recommendations for mandatory training and licensing for all ATV users and the banning of pillion passengers on type-one quad bikes. 

Mr Cooper made the comments in a coronial report on the death of a 16-year-old, who died after a quad bike accident in the state’s North West in 2022. 

The 16-year-old, referred to as BP in the report, died after the quad bike he was riding entered a left-hand corner too fast, resulting in his ATV understeering towards the outside of the bend. 

This in turn led to the ATV launching off the edge of the bridge and crashing into a creek 2.2m below. 

While the accident did not happen on a farm, it has highlighted the risks ATVs can pose. In the coronial report, Mr Cooper said: 

“At the time of the crash, BP was carrying a pillion. The ATV was not designed for two people and the presence of the pillion passenger undoubtedly affected the handling of it and was, in my assessment, a major contributing factor to the crash.” 

“In 2017, I had occasion to make a number of recommendations following an inquest in relation to seven ATV related deaths,” Mr Cooper said. 

“Among other things I recommended that consideration given by the Law Reform Institute and the Attorney-General to the introduction of legislation requiring mandatory training and licensing of all persons using quad bikes; and that consideration be given by the Law Reform Institute and the Attorney-General to the introduction of legislation prohibiting the carrying of passengers on type-one quad bikes (and any more than one passenger on type-two quad bikes.” 

Mr Cooper then went on to say: “The circumstances of BP’s death require me to repeat the above recommendations pursuant to Section 28 of the Coroners Act 1995, noting that so far as I am aware no action has been taken in relation to either or both of the recommendations made four years ago and noting also that since I made those recommendations there have been several ATV related deaths.” 

A government spokesperson said they have significantly increased quad bike safety in Tasmania, including by improving safety through the provision of training and information resources, a public awareness campaign, progressing amendments to relevant regulatory frameworks and the establishment of a rebate scheme to assist business operators to purchase safety devices. 

They said the advice from the Coroner’s report from 2017 was acted upon with the Road Rules 2019 being amended in 2021 to prohibit carrying passengers where the seat is not designed to do so. The amendments also require the wearing of a motorbike helmet. 

In December 2021, the Work Health and Safety Regulations 2012 were amended to introduce Regulation 216A of the Work Health and Safety Regulations 2022 that ensure an approved helmet is available for use with the quad bike, the person using the quad bike has appropriate training and ensure the quad bike is not used to carry a passenger unless designed for that purpose. 

The spokesperson said the Government will consider the Coroner’s report and recommendations.