Helmets for passengers? | GTAMotorcycle.com

Helmets for passengers?

vpetkar

vpetkar

Active member
Just wondering what are the laws surrounding helmets for passengers. I understand the driver is required to wear a helmet at all times, but what about the passenger? I understand it is recommended regardless of legality but if they choose not to, does the ticket go against them or me?

I imagine it would be something similar to that of driving and seat belts, if your passenger isn't wearing a seat belt (and they're not under 16) they will get the ticket, not you.

Couldn't really find anything through some Google searches so I'm wondering if any of you have insight into this.
 
:happy1:

I believe the passenger requires a DOT helmet as a minimum,
 
I take it you don't have a license yet? as this information is in the MTO Motorcycle Handbook...

"Wear a helmet





A helmet is the most important motorcycle or moped accessory you can have. Wearing a helmet can protect you from serious head injury. Ontario law requires you and your passenger to wear approved helmets with the chinstrap securely fastened every time you drive a motorcycle or moped.

An approved helmet is one that meets standards approved for use in Ontario. It must have a strong chin strap and fastener and be in good condition. Approved helmets come in a variety of styles and prices. It is important to choose one that is well constructed and will protect you. A full-faced helmet offers the best protection and the most comfort. A helmet with bright colours and reflective devices may make you more visible to other drivers.

Make sure your helmet fits snugly and does not slide around on your head. Always keep the strap securely fastened. Studies of motorcycle collisions show that a loose helmet will come off in a collision.
Besides protecting you from head injury, a helmet can make you more comfortable when driving because it reduces the noise of the road and keeps the wind, bugs and other debris from blowing in your face."

http://www.mto.gov.on.ca/english/handbook/motorcycles/section2-5-0.shtml
 
Seriously?!?

DOT helmet required for anyone on a motorcycle. Rider and passenger.
 
vpetkar said:
does the ticket go against them or me?
Click to expand...

I was wondering the same thing the other day.

Before anyone else freaks out, I'm not planning to actually do this, it's purely hypothetical.
 
vpetkar said:
Just wondering what are the laws surrounding helmets for passengers. I understand the driver is required to wear a helmet at all times, but what about the passenger? I understand it is recommended regardless of legality but if they choose not to, does the ticket go against them or me?

I imagine it would be something similar to that of driving and seat belts, if your passenger isn't wearing a seat belt (and they're not under 16) they will get the ticket, not you.

Couldn't really find anything through some Google searches so I'm wondering if any of you have insight into this.
Click to expand...

Clearly the law intends that all people on a motorcycle are required to wear proper helmets, as the applicable section states "RIDING ON or operating."

From: R.R.O. 1990, REGULATION 610-SAFETY HELMETS

1. A helmet worn by a person,
(a) riding on or operating a motorcycle; or
(b) operating a motor assisted bicycle,

on a highway shall,

(c) have a hard, smooth outer shell lined with protective padding material or fitted with other energy absorbing material and shall be strongly attached to a strap designed to be fastened under the chin of the wearer; and
(d) be undamaged from use or misuse. R.R.O. 1990, Reg. 610, s. 1.

2. The helmet referred to in section 1 shall conform to the requirements of the,
(a) Canadian Standards Association Standard D230 Safety Helmets for Motorcycle Riders and shall bear the monogram of the Canadian Standards Association Testing Laboratories;
(b) Snell Memorial Foundation and shall have affixed thereto the certificate of the Snell Memorial Foundation;
(c) British Standards Institute and shall have affixed thereto the certificate of the British Standards Institute;
(d) United States of America Federal Motor Vehicle Safety Standard 218 and shall bear the symbol DOT constituting the manufacturer's certification of compliance with the standard; or
(e) United Nations Economic Commission for Europe Regulation No. 22, "Uniform Provisions Concerning the Approval of Protective Helmets and of Their Visors for Drivers and Passengers of Motor Cycles and Mopeds", and shall have affixed thereto the required international approval mark. R.R.O. 1990, Reg. 610, s. 2; O. Reg. 102/12, s. 1.
 
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Relax everybody, it was purely hypothetical. I've been asked the question many times and I've never known. I wouldn't take a passenger, even with a helmet!

Anyway, so if they're above the age of 16 (no longer endangering a "minor"), the ticket goes against them? Or no ticket at all?
 
vpetkar said:
Relax everybody, it was purely hypothetical. I've been asked the question many times and I've never known. I wouldn't take a passenger, even with a helmet!

Anyway, so if they're above the age of 16 (no longer endangering a "minor"), the ticket goes against them? Or no ticket at all?
Click to expand...

Read what I posted, above, and my remarks. That is your answer.
 
From the Highway Traffic Act, section 104:

Motorcycle and bicycle helmets
Motorcyclists to wear helmet
104.**(1)**No person shall ride on or operate a motorcycle or motor assisted bicycle on a highway unless the person is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. R.S.O. 1990, c.*H.8, s.*104 (1).
Idem
(2)**No person shall carry a passenger who is under sixteen years of age on a motorcycle on a highway unless the passenger is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. R.S.O. 1990,


I would guess, and this is no way a qualified legal opinion, that the inclusion of subsection 2 indicates that the operator is only responsible for the passenger if the passenger is under 16.

If the operator was responsible regardless there would be no point in adding the second paragraph.
 
True enough. The base section of the HTA, pertaining to helmets, obviously places the onus on the operator if the passenger is under 16 years of age. I'm editing my previous post to remove incorrect information.
 
Thank you very much for the elaborate responses and citations. Learned a lot.
 
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