Stop being paranoid. Cops don't pull riders over for helmet violations if they are wearing a fullface. They only ticket riders wearing small beanies.
I just bought suomy spec 1r and noticed that there is no safety sert on the back. Is it true cops stop u 4 having no DOT label.
Stop being paranoid. Cops don't pull riders over for helmet violations if they are wearing a fullface. They only ticket riders wearing small beanies.
i dont think most cops know there is the DOT helmet violation existence.
How about this, then:
LEO: The outside of your helmet doesn't say DOT. Show me the inside.
Rider: Show me the search warrant first. Then I'll take off the helmet.
And then the rider simply needs to wait for the idiot LEO to subside.
This is a good time to record the LEO's actions and words.
How about this, then:
LEO: The outside of your helmet doesn't say DOT. Show me the inside.
Rider: Show me the search warrant first. Then I'll take off the helmet.
And then the rider simply needs to wait for the idiot LEO to subside.
This is a good time to record the LEO's actions and words.
Here is the conclusion of Regina v. Hayes, 2003:
[43] I would allow the appeal, set aside the conviction, and enter an acquittal.
"R. Roy McMurtry C.J.O."
"I agree. K. M. Weiler J.A."
"I agree. John I. Laskin J.A."
RELEASED: July 10, 2003 "RRM"
I found the above at the web site of Ontario's Supreme Court,
http://www.ontariocourts.on.ca/decisions/search/en/OntarioCourtsSearch_VOpenFile.cfm?serverFilePath=D%3A\Users\Ontario Courts\www\decisions\2003\july\hayesC36130.htm
[27] The Crown argues that the police must have the ancillary power to demand that motorcyclists remove their helmets for inspection, as this is the only manner in which the helmet provisions of the HTA can be enforced. I agree that without the ability to look inside helmets, the police will not be able to enforce the safety helmet provisions effectively. They would not be able to check some helmets for safety stickers, or examine their protective padding. However, I do not agree that this authority should be found under the ancillary powers doctrine. As I will set out below, it is my view that s.82 of the HTA provides the police with the statutory authority to examine helmets and imposes a duty on motorcyclists to remove their helmets and submit them for examination. In light of the specific statutory authority in the HTA to inspect equipment, including helmets, it is neither necessary nor appropriate to look to ancillary powers.
[34] Section 82(1) empowers the police officer to "require" the driver to "submit" the vehicle or its equipment for examination. The provision does not merely authorize the officer to act, it imposes an obligation on drivers to submit the vehicle and its equipment to examination. In my view, the obligatory language of the provision, which requires drivers to participate in the examination to the extent of "submitting" their equipment to inspection[2],imposes a duty on motorcyclists to remove their helmets and provide them to police officers for examination, so long as the request is for the purpose of carrying out the provisions of the Act.
[36] With respect to the appellant's second argument, it is my view that a motorcycle helmet falls squarely within the meaning of "equipment" under s.82. Section 104 of the HTA, which requires motorcyclists to wear helmets, is found under Part VI of the Act, which is entitled "Equipment". The New Shorter Oxford English Dictionary, (Oxford: Clarendon Press, 1993) defines 'equipment' as "things used in equipping; articles used or required for a particular purpose; apparatus". Under the HTA, an approved helmet is "required" for the "particular purpose" of operating a motorcycle on a highway. In this respect, a helmet is no different than a horn or muffler.
[37] Thus, I conclude that the appellant had an obligation to remove his helmet and turn it over to P.C. Lessard so that he could examine it under s.82(1) of the HTA.
How about this, then:
LEO: The outside of your helmet doesn't say DOT. Show me the inside.
Rider: Show me the search warrant first. Then I'll take off the helmet.
And then the rider simply needs to wait for the idiot LEO to subside.
This is a good time to record the LEO's actions and words.