New quad bike laws now in force

The words of Atherton emergency services officer Mario Cocco were learnt the hardest way, after his then-seven-year-old son Domenic ran into a power pole with his 50cc quad bike on a Sunday afternoon in early October 2015.

In an experience from your worst nightmare, Mr Cocco had to resuscitate his son before emergency services arrived to airlift him to hospital in Cairns.

"The doctor on the helicopter told me afterwards he didn't think Dom would make it," Mr Cocco said. "My message is, complacency comes in so easily - we don't want anyone else to go through what we went through."

Mr Cocco and wife Jodie, now Worksafe Queensland advocates, are telling their story again now that new laws relating to quad bike use have been put in place in Queensland.

The amended regulations introduce age restrictions, passenger restrictions and mandate helmets for quad bikes used in workplaces.

They are specific to quad bikes used for work, and mandate that adult-sized quad bikes in workplaces must only be used by someone 16 years or above, or in accordance with age advice by the manufacturer.

This means that children are not allowed on adult-sized quad bikes and can only ride on age-appropriate quad bikes in workplaces.

Passenger restrictions will mean a quad bike operator cannot carry a passenger unless the bike is designed to, and the passenger must meet manufacturer age specifications, or be 16 or older.

All riders of quad bikes must wear a fitted and fastened helmet.

The legislation affects quad bike use in a workplace setting and is not relevant to recreational use, such as in a private residential setting for leisure.

The new laws incorporate public feedback to a discussion paper released in the wake of a Queensland coronial inquest that examined nine deaths caused by quad bikes between 2012-2014.

The recommendations included the amendments that have now been put in place, and an Office of Industrial Relations spokesperson said the feedback also demonstrated "clear and actionable feedback for the government to adopt for improved safety outcomes".

Data from Safe Work Australia shows that between 2011 and 2023, 193 lives were lost in quad bike accidents in Australia.

The highest proportion, 55 fatalities or nearly 30 per cent, occurred in Queensland, and at least 22 of those were work-related.

Changes to the legislation do not impact side-by-side vehicles, which reflects the feedback received, that quad bikes were identified as having a significantly higher risk profile than SSVs.

Office of Industrial Relations deputy director-general Peter McKay said the changes brought greater clarity to who can use quad bikes and how to use them to keep Queenslanders safe.

Existing legislation administered by Department of Transport and Main Roads and the Department of Environment, Science and Innovation will continue to apply to quad bikes being used on roads or road-related areas; state forests or timber reserves; protected areas, other than nature refuges or special wildlife reserves, and recreation areas.

Feedback from consultation indicated a preference not to prescribe helmet types, given the varied nature of quad bike use across a number of industries and regions.

Mario Cocco said their takeaway from son Domenic's near-fatal accident was the importance of wearing a helmet.

"Dom didn't have one on - if he had, he wouldn't have been injured so badly," he said.

"The laws that have come in are to protect us, to help us, but at the end of the day it's up to us to put that helmet on, to not double, and not to put kids on bikes that are too big for them."

While Mr Cocco still works in emergency services, the couple have a small farm at Atherton where they run pigs and goats and have a farmstay business.

When they're invited, they share their message at events and to businesses, and say they'd welcome more enquiry.

"People are usually very receptive to our message - the feedback is good," Mr Cocco said.

"Sometimes we think, did we get through, and then we see the expressions on people's faces, and they come and talk to us.

"We touch on the mental ordeal we went through - things we hear on the radio takes us back to that day."

The accident happened just as the 2014 NRL grand final was getting underway.

Ten years later, Domenic is doing a school-based apprenticeship in carpentry.

"He's happier now - he'll show people the scar on his head, that really gets through - but it's a part of his life he's put behind him," Mr Cocco said.

"We've got to try and teach our kids the best we can," he concluded.