A TOWNSVILLE man caught riding a motorbike without a helmet because it wouldn’t fit on top of his turban says he will fight the charge.

Bhupinder Singh Channa, 32, wears the turban for religious reasons and said he can’t take it off in public.

Mr Channa and his friend Veerpal Kaur (pictured) said they hoped police would reconsider the charge.

He said he didn’t know it was an offence to drive a motorbike without a helmet, while wearing a turban.

“We’re hoping maybe they understand, because Australia is a multicultural country,” Ms Kaur said.

“There is respect for everyone here and every religion.”

The matter follows a similar case in Brisbane last year, where another Sikh man successfully fought his conviction for riding a push bike without a helmet, because he was wearing a turban.

The win prompted a change in Queensland legislation, allowing members of the Sikh community to ride a bike without a helmet.

Mr Channa said it was not an offence to drive a motorbike without a helmet while wearing a turban in New Zealand and the United Kingdom.

He appeared in Townsville Magistrates Court yesterday where his charge was mentioned.

Mr Channa told Magistrate Howard Osborne he was going to schedule a conference with police about dropping the charge and asked for it to be adjourned.

The Indian national, who has been in Australia for six years and in Townsville for two, will appear next on May 7.

Mr Channa faces a $330 fine and the loss of three demerit points if he is convicted of the offence.

He told the Townsville Bulletin he could not afford that.

“I’m a taxi driver so if I take the points and fine I could lose my job,” he said.

“I’m guilty of doing it (driving without a helmet) but there are factors behind it.”

Ms Kaur said police could have issued Mr Channa with a warning instead of charging him for the offence.

She said he believed it was legal to drive without a helmet in his circumstances, like it is in New Zealand and England.

“This is the first time we have heard about it here (in Queensland),” she said.

“We’re just feeling like they should give him a warning or they could have explained the law and told him it was illegal.”

A police spokesman said he could not comment on the matter while it was still before court.