Helmet laws in Ontaro

Leo’s can charge folks and leave it to the judge or crown to toss the charge or even convict if the accused doesn’t put up a reasonable defence.

It’s a nuisance charge.

You won’t find any clarity in the law.

It’s how it’s interpreted.

The certification agencies didn’t put their approval on the helmet with consideration for com devices or recording devices.

So stickers or novelty things such as Mohawks or spikes and the like can be considered altering the helmet from doing the job it was intended to do.

Many don’t fight it because they don’t have the time or can’t make it back to the area the ticket occurred etc.

So some have felt the impact of charges like this and others have had it dismissed by taking the time to defend themselves.








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Baggsy said:
Is that duct tape on the side of the camera?
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yes.. I had taken the gate off the camera because the battery on these units is the *****.. so I had it plugged directly into a USB port on my fairing dash.. the tape is to cover as much of the hole as possible to avoid rain damage.
 
Lightcycle said:
So he dinged you for the GoPro, but did he say anything about the communicator?
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Actually, he didn't until I asked. I asked if it was illegal to have a cam on the helmet of a peddle bike rider, and he said he did not know. Then I asked about my com system that I had installed, and he thought a few seconds, and said he guessed that technically that was illegal too.... didn't seem to have much knowledge of the law other than the helmet cam being illegal, which I still am trying to find out. Maybe when I go to court I will know more. But, as my original post here indicated, I am still trying to find more info.
 
Simple answer...cop rides a Harley....you were not wearing a beanie helmet, ergo, you did not have a proper helmet for riding an HD.
You're welcome.

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Joe Bass said:
Simple answer...cop rides a Harley....you were not wearing a beanie helmet, ergo, you did not have a proper helmet for riding an HD.
You're welcome.
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Probably the same cops that would ticket two riders in this formation (which is actually illegal) with improper lane usage.

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But it's OK for them, and there's NO exception on the books that makes it legal for them..unlike the ones that do allow them to use phones/laptops while driving, etc.

I'm a big cop proponent, but ones like this who go over and above simply to be difficult do the services as a whole a big disservice.
 
I would argue in court that the camera attachment is not really a modification. In an accident, the camera would quickly become detached upon striking an object and would not hinder the helmet from sliding easily. The whole point of a smooth helmet is to stop it from catching on something and twisting your head. A GoPro isn't attached securely enough to do that. See if you can get some information from one of the standards institutes on whether a loosely attached camera affects their standard. Perhaps a letter from the NHTSA, CSA or SNELL would make a difference.
 
Wow, that cop must have taken one look at you and feared for his life. :rolleyes:
Sadly I suspect you need to fight that ticket and win or you may well be setting a precedent for all who follow :/ or possibly he has already done this many times before and it's become just another form of taxation, in which case the receiver general thanks you for your contribution.
 
Here's a thread where helmet cams were discussed not to long ago. http://www.gtamotorcycle.com/vbforum/showthread.php?196266-GoPro-helmet-mount-is-this-illegal

Seems like it boarders on the 'it's illegal, but most cops won't ticket you unless they are out to get you, or you are being a jerk' type thing, as someone mentioned above, a 'gotcha' ticket.

The US regulation posted says nothing greater than 5mm off the helmet, not sure if Canada has anything along those lines but that would basically grab anything that wasn't a sticker/foam pad from being legal on the exterior if we do.
 
rust0r said:
Here's a thread where helmet cams were discussed not to long ago. http://www.gtamotorcycle.com/vbforum/showthread.php?196266-GoPro-helmet-mount-is-this-illegal

Seems like it boarders on the 'it's illegal, but most cops won't ticket you unless they are out to get you, or you are being a jerk' type thing, as someone mentioned above, a 'gotcha' ticket.

The US regulation posted says nothing greater than 5mm off the helmet, not sure if Canada has anything along those lines but that would basically grab anything that wasn't a sticker/foam pad from being legal on the exterior if we do.
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Yeah, I actually read that whole thread, including the 5mm protrusion thing, but I believe this is a US regulation/law... I can find no mention of it in Canadian law.
Again, back to my initial request - anyone have a link to specific HTA information for helmets in Ontario?
 
There have already been convictions regarding having a camera mounted, I believe the first was in the Bobcaygeon area. The crown merely at this point, (until a conviction is taken to the appeals court and over turned, which would cost THOUSANDS if not tens of thousands to accomplish), point to those convictions and the JP will go along. As for the communication devices they generally use some form of "clamp" to hold them against the helmet therefore they are not "mounted" to the helmet as is a GoPro, which is affixed to the surface of the helmet, thereby negating the smooth surface.
 
Fight the ticket - you're innocent until proven guilty. Make the cop work for it.
 
I have mine mounted on the front where my mouth/chin is. I've had cops look directly at me while moving/stopped and never had them bat an eyelash.

Now that i think about it, one cop on hwy 7 doing speed enforcement didn't give me the nicest look but maybe that's because i was recording a speed trap location lol.
 
Evoex said:
I have mine mounted on the front where my mouth/chin is.
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Well, I now have it back mounted on my windscreen with a giant suction cup.. had it there before, but recently tried the helmet mount. When I compared the video quality, I found it worse on the helmet cause the least little movement of the head from side to side, really makes the video terrible to watch.

I am guessing if dyk cop stopped me again, it would be for an obstructed wind screen... which I look above anyway when riding - not to mention it gets covered in bugs when riding anyway.

However, that is not the point.. I just want to fight this ridiculous ticket, and need ammo.
 
FenelonPaul said:
Probably the same dyk cop that got me!
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Could be, given that most of the tickets for this particular infraction have been issued in and around the Lindsay Detachment, it could be that one of the supervisors have made this an enforcement priority in that district. Unfortunately, for you, because it will be the same crown office handling the prosecution, fully expect them to have the previous convictions close at hand to have the JP convict.

I too used to have my GoPro helmet mounted, but moved it to the bike, as I used to ride a LOT in and around Lindsay. Simply didn't want the hassle of defending the ticket.

I suspect if a rider really hassles the cop roadside, it will go badly for the rider. I am surprised the cops simply haven't seized the helmets, (to be held as evidence, or to prevent the rider from riding with uncertified helmet, thereby allowing the rider, to continue to commit the offence), thereby causing the rider to have someone bring another helmet or walk.
 
FenelonPaul said:
Well, I now have it back mounted on my windscreen with a giant suction cup.. had it there before, but recently tried the helmet mount. When I compared the video quality, I found it worse on the helmet cause the least little movement of the head from side to side, really makes the video terrible to watch.

I am guessing if dyk cop stopped me again, it would be for an obstructed wind screen... which I look above anyway when riding - not to mention it gets covered in bugs when riding anyway.

However, that is not the point.. I just want to fight this ridiculous ticket, and need ammo.
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Why not get a handlebar mount? I also found the video MUCH better when the camera was bike mounted. Also gives you the opportunity to get the wiring harness and case to hard wire the camera, no more running out of battery!!!

Not sure your going to find any "ammo" to fight the ticket. I have looked at the regs and as a former copper, I haven't found any way around the regs. The regs were no doubt written for a different reason, and are being used for this infraction. But the reg as currently written make it like shooting a fish in a barrel...
 
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hedo2002 said:
Why not get a handlebar mount? I also found the video MUCH better when the camera was bike mounted. Also gives you the opportunity to get the wiring harness and case to hard wire the camera, no more running out of battery!!!

Not sure your going to find any "ammo" to fight the ticket. I have looked at the regs and as a former copper, I haven't found any way around the regs. The regs were no doubt written for a different reason, and are being used for this infraction. But the reg as currently written make it like shooting a fish in a barrel...
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Handlebar mount would be useless for me.. I have a big fairing blocking the handlebars. As for the battery, I installed a USB port on the inner fairing and plug the camera into it.
 
FenelonPaul said:
Handlebar mount would be useless for me.. I have a big fairing blocking the handlebars. As for the battery, I installed a USB port on the inner fairing and plug the camera into it.
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Have you checked the Radio World website they have extension bars which will permit the regular mount to position the camera higher.
 
PrivatePilot said:
If that happened to me I'd be making a very polite, but direct and firm phone call to his detachment and asking for a supervisor to pay me a visit on the side of the road where the other officer stranded me, and we'd have a little heart to heart about the legitimacy of what happened.

If it was one of those "pretend" DOT helmets (we've all seen them, IE the "german" ones with the spikes, etc) where they were not actually a legit helmet (aside from a fake DOT sticker) it might be different, but even then, who is the officer to be determining the legitimacy of a DOT sticker on the side of the road somewhere? Give the rider a ticket and make them show up with helmet in court and prove it's legitimacy, sure, but simply confiscating it and leaving the rider stranded is an ultra dick move.
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The officer would be justified in seizing the helmet on at least two grounds, first as evidence of the offence, and secondly to prevent the operator from continuing the offence, (same reason why they tow your vehicle when your get a warn on the roadside screening device or your arrested for impaired. Supervisor has very little wiggle room and would likely just support the officers decision. Given that there have already been convictions registered, and the courts have ruled this to negate the certification of the helmet it is no longer a case of the officer "deciding" if the helmet is certified.
 
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