Police have no right to arrest anyone for the simple act of taking a picture or vid | Page 3 | GTAMotorcycle.com

Police have no right to arrest anyone for the simple act of taking a picture or vid

I now have my GoPro mounted on the handlebars, (With a great RAM Mount). It used to be on my helmet until I was made aware of this.....

A recent traffic stop conducted by the Ontario Provincial Police (OPP) resulted in a motorcyclist being charged with an offence under the Highway Traffic Act.


On April 28, 2013 an officer from the City of Kawartha Lakes detachment of the OPP was on patrol on Kawartha Lakes Road 121 and observed a small group of motorcyclists. The officer observed that one of the riders had a Go Pro camera mounted on his helmet – illegal under the Highway Traffic Act (HTA).


As a result of the investigation Alexander PETICCA, 24 years of age, of Woodville, was charged with fail to wear proper helmet on motorcycle, contrary to the HTA.


“The OPP would like to remind motorcyclists that no protrusions over 5 mm are permitted on a motorcycle helmet. Also, helmets must meet the standards as set out in the Highway Traffic Act, which include DOT, CSA, BSA and the new Euro standards,” said PC Carrie Lanning.


So be smart and remove your GOPro mounts from the helmet. Now I am sure that not many officers even knew this to be the case, but rest assured, (from a former cop), that it will be included in "updates" sent to all officers once a conviction is registered.

Wait? What the ****?
 
Re: Police have no right to arrest anyone for the simple act of taking a picture or

油井緋色;2051488 said:
Wait? What the ****?

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.


Sample Case: http://canlii.ca/t/fnsm0

I have been increasingly interested in one of these but it is a real shame about the helmet because our necks to a certain extent help cancel vibration. If it is hard mounted to the chassis I would imagine the video would have more blur.

Maybe a chest mounted harness instead if even feasible?

Also, 5mm? Really? Does this mean helmets with flip ups are now illegal? My helmet has snaps on it for a face shield and those snaps protrude more than 5mm..

I generally ride with a camera mounted on the stalk of my right mirror, on the front and on my top box, on the rear. The one mounted on the top box shows marked vibration due to the fact that it's extended out from the rear, and mounted on something that vibrates somewhat itself. The one to the front is rock solid. A brief sample:

[video=youtube;PoQoHRv6k44]http://www.youtube.com/watch?v=PoQoHRv6k44[/video]
 
I ride my bike everyday with my drift hd ghost attached to my helmet, I don't leave home without one since I drive to downtown. Theres been atleast 2-3 cops that I ran into and they were just curious about the video camera, they dont even know that its illegal... I even made a collision report and told the OPP officer that I use a video camera attached to my helmet to catch the whole accident.

Can anybody confirm that video cameras are legal when its attached to the helmet?
 
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Re: Police have no right to arrest anyone for the simple act of taking a picture or

According to Food Inc, the food video, the law is quite different in the USA aka the land of the free. You are apparently not allowed to take pictures of feed lots.
 
I ride my bike everyday with my drift hd ghost attached to my helmet, I don't leave home without one since I drive to downtown. Theres been atleast 2-3 cops that I ran into and they were just curious about the video camera, they dont even know that its illegal... I even made a collision report and told the OPP officer that I use a video camera attached to my helmet to catch the whole accident.

Can anybody confirm that video cameras are legal when its attached to the helmet?

Please read the case I linked to, directly above your post.
 
Well, I think that law is incredibly stupid but I'm not gonna risk it...plus lean angles look more bad *** when the camera is mounted on the bike anyway <_<

Time to buy a RAM Mount!
 
Re: Police have no right to arrest anyone for the simple act of taking a picture or


Justice of the Peace Michael A. Cuthbertson in Kitchener ... the most prolific JP in Ontario? Anyway...

"This helmet crest consisted of the ‘plume’ of soft strands, which were at least 5 centimetres in length, woven onto a strip of material with suction cups attached under the strip. It was affixed longitudinally from front to back beginning at the top of the helmet by the suction cups. "

In my very humble opinion he dropped the ball by saying "I find that the attachment of the helmet crest (the mohawk attachment) by Mr. Motorcycle Rider rendered his motorcycle helmet to be uncertified". (as not SNELL certified)

Come'n...
 
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- Just FYI -


Fail to wear proper helmet on motorcycle 104(1) ------ SET FINE IS $85.00

http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/

100% correct. Now as I said being a former copper myself, MOST officers aren't even going to be aware of this. Meaning your chance of being ticketed are pretty low. Just be aware the you "could" be dinged for it. If your doing something stupid on your bike and the cop wants to ding you good he will look for every possible infraction and if you have a camera mounted you just gave him yet another charge to add to the list.

Late last year on the 401 in bumper to bumper I spent about 5 minutes talking to an OPP cst, who was in the lane next to me and he was curious about the GOPro. Asked if it was recording, I said yes sir, he asked why. I replied so that when some A hole in a car hits me and your scraping my broken body off the highway you can now look at the recording and see what and why it happened..lol He chuckled and said good point I will have to remember to check for a camera at all my crash sites.

I commute approx 170 KMs per day from outside Port perry to Thornhill and I record every trip. If nothing of note happens I delete file and record, my next adventure..lol Just now it is all done from the handlebars.
 
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I commute approx 170 KMs per day from outside Port perry to Thornhill and I record every trip. If nothing of note happens I delete file and record, my next adventure..lol Just now it is all done from the handlebars.


If you have a GPS you could download the track and see your route, speed etc. I used to do this all the time when flying my ultralight as if there was ever a complaint against you (say someone thought you were too close to houses, etc) they could charge you up to a year later and you would have nothing to dispute the claim


I commute from inside Port Perry to Woodbridge each day (I moved here in May). Depending on which way I go the round trip is from155 to 170 km. What roads and times do you commute? What bike?

..Tom
 
So here's how that will work:

Guy takes a picture of some spectacular event with the police present
Officer says move along
Guy keeps filming
Officer arrests guy
Guy is in holding until he's released on bail/PoA

If guy is stupid: He pleads out
If guy is smart: He goes to trial, spends a few thousand on a lawyer and gets acquitted because he shouldn't have been arrested in the first place

Good luck telling a police officer "you can't arrest me, The Star told me so". They can, they will, you won't get charged for it..... but it's an inconvenience... and an expensive one.

I know Windsor police officer was charged with false arrest and the city was sued as a result.You can also record anybody with out their knowledge as long as you are party to the conversation.It would make for a bad day in court for any police officer to over step those bounds with the wrong person thats why it's news worthy.Windsor was the police brutality capital of Ontario a few years back so everybody was recording and videoing everything.
 
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Police have no right to arrest anyone for the simple act of taking a picture or

To make clear, in your example the cop is arresting him for OBSTRUCTION, not because of the filming. The cop told him to move along, the guy kept filming. Most probably and chances are, the cop will be "right" in court.

Remeber what the article said, no one can be arrested for the simple act of making a picture or film, unless other laws are being broken in the process.

There is no basis for the officer to make such a request other than to interfere with your lawful filming or picture taking & violate your rights, so there is no obstruction of justice. If that were the case, a cop could demand you perform ANY lawful act, no matter how humiliating. Imagine that!
 

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