Helmet Cams down under.


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CMReynolds1
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Helmet Cams down under.

Postby CMReynolds1 » Fri Oct 02, 2015 9:04 am



Got this in a bulletin from AMA. Maybe our down under brothers/sisters can give some more detail?

October 2015

International News

MELBOURNE, Australia – A magistrate upheld a $150 fine levied against a motorcyclist who wore a helmet-mounted camera while riding. The rider had argued that the applicable laws were unavailable to the public, but the magistrate said they were. The rider also argued that motorcycle helmet compliance with legal standards applies only at the point of manufacture. But the magistrate said there is an “ongoing obligation to comply.” Motorcyclists in other jurisdictions have been encouraged to wear helmet-mounted cameras to gather information about mishaps and crashes.
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Ride Safe,
Taz


TF 116, RivRon 512, Can Tho, S. Vietnam, 8/66-/9/68, GM(G)2

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WingAdmin
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Re: Helmet Cams down under.

Postby WingAdmin » Fri Oct 02, 2015 9:21 am

Without more information (what was the charge, what statute he was charged with violating, the actual wording of the statute) it is impossible to comment.

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CMReynolds1
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Re: Helmet Cams down under.

Postby CMReynolds1 » Fri Oct 02, 2015 10:00 am

Agreed. Hence my invitation to hear from the 'down under group'....
Ride Safe,
Taz


TF 116, RivRon 512, Can Tho, S. Vietnam, 8/66-/9/68, GM(G)2

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MikeB
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Re: Helmet Cams down under.

Postby MikeB » Fri Oct 02, 2015 1:57 pm

MikeB
Tacoma, WA, USA

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Re: Helmet Cams down under.

Postby WingAdmin » Sun Oct 04, 2015 8:31 pm

I do have to say - this does make sense - for two reasons.

First, putting a hard object between your helmet and the surface of the item being hit (i.e. the ground) can easily concentrate the impact force into a small area on the helmet, causing structural failure of the helmet. This is suspected as being the primary cause of racing driver Michael Shumacher' s traumatic brain injury during his skiing accident - the camera concentrated the impact forces on the helmet, causing it to split, and his head hit the rock. I'm not a big fan of putting things on my helmet for just this reason.

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redial
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Re: Helmet Cams down under.

Postby redial » Mon Oct 05, 2015 3:40 am

You asked, so I shall try to explain.

Australia tries to have consistent laws throughout the country, however, some are more consistent than others! Australian Design Rules (ADR), govern the requirements for vehicles' standards - eg lights, brakes, reflectors, and a myriad of other things. The Australian Road Rules (ARR), govern the road rules. In both cases, the States have to legislate for the ADR and ARR to recognised in their State. Some States do not quite agree on all of these rules, so they make subtle changes to the rules. New Zealand usually follows, or leads, most of these standards, so the tag of A/NZSxx.xx usually appears.

An example of this is helmet laws, which, quite frankly are in disarray, giving the LEOs the opportunity to interpret some of these features. For example, some States insist on having a Standards Australia sticker to show that it complies with the Australian Standards for helmets. Unfortunately for the State legislators, this organisation was disbanded and the task of certifying that products conformed to the required standards went to a number of companies. These companies have their own stickers, that are not the same as previous. But some of the State's laws still specify that the Standards Australia sticker must be present.

The recent case in the State of Victoria, was heard in the summary jurisdictions Magistrates Court. There is a likelihood that this will be appealed to that State's Supreme Court, (as the States were formed prior to federation, they had their own legal system in place, so each State has a Supreme Court, and the ultimate court in Australia is the High Court), for clarification. The Magistrates Court can only find on the facts of the case, whereas higher courts can argue interpretations of the law.

At present, helmet laws prohibit the sale of any helmet in Australia that does not meet the Australian Standards. The test that is applied that is different is an impact to the top of the helmet. This rules out helmets that meet US DOT Standards, and the European Union's ECE. Hence our helmets are more expensive, and have a smaller number of options, than other places.

With a focus on cameras, this is derived from the standard stipulating that you are not allowed to modify the external of a helmet, or affix anything to it greater than 5mm. As a camera exceeds that size, the rider was found guilty and fined. While the intent of the standard is clear, so that safety is paramount, some of these piddling nuances seem to be excessive.

To understand what the motorcycle scene is like, currently, a number of States are trying to break up the outlaw motorcycle groups (eg Hell's Angels, Comancheros, and The Finks, as examples). As a result, the LEOs have been given encouragement to pull up every group of mc riders and subject them to inspections for faulty registration (tags), licence, outstanding warrants, and vehicle defects. If you ride alone, you may still be pulled up, because they can! Some believe that these outlaw groups are behind the distribution of drugs, distribution of firearms, and other illegal activites.

So there are associations willing to take this cause on, and some of these associations have deep enough pockets to go a long way in the legal battle. I am sitting on the fence, as I am in favour of reforming the standards for helmets, but I am not in favour of modifications to helmets by the owner.

You asked for it, and I am sorry I could not condense it, but that is what circumstances we ride - I suppose we have to have some downsides to all this wonderful weather we get.

PS This is the 2nd month of Spring for us, and my home weather station recorded a 40C day today, (about 104F) - I did not go for a ride :(


Len in Kapunda

The world is not going to finish today, as it is already tomorrow in Australia and New Zealand, and other islands of foreign nations such as Guam and Samoa.


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