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  • Accessories on helmets making them non compliant

    Not sure if repost but just saw this on facebook.

    Apparently was fined for having any sort of accessory on his helmet which includes Bluetooth units.

    https://www.facebook.com/photo.php?fbid=716485411703444&set=gm.401446156625 431&type=1&theatre

    Much truth behind this?

    Cheers,

    MM
    I love riding, especially yamamas

  • #2
    Victoria vs WA... different state, different rules. What it's like here? Probably like everything else, they'll make it up to suit their story and you're left eating a shit sandwich for your efforts.
    Trying to think of a wise and sincere signature quote, but the only words that leap to mind are, "TITTY SPRINKLES"

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    • #3
      The no stickers rule is there incase you decide to place a sticker over a crack on your helmet. This is a NO NO on site too; unless it's one of those commissioning helmets.


      But I didn't think they were enforcing it in WA... otherwise WAPOL would be wearing non-compliant helmets :|

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      • #4
        Yes it's true.

        He wasn't fined for "having a camera" as such, but we all know that we (legally) need to have AS1698:2006 compliant helmets, and AS1698 says no protrusions from the helmet of greater than 10mm or words to that effect.

        So the fine was for a non-compliant helmet.

        - - - Updated - - -

        Originally posted by Jon1 View Post
        But I didn't think they were enforcing it in WA... otherwise WAPOL would be wearing non-compliant helmets :|
        WAPOL are allowed to break any part of the Road Traffic Code (2000), provided it is done in the course of their duty.

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        • #5
          I thought the sticker thing was about the adhesive potentially reacting with and weakening the shell of the helmet

          they give you a head set thing when they assess you now so I can't see how they'd fine you for that
          (mind you its not glued on)
          Note: this may not be the universe where the above is relevant.

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          • #6
            Originally posted by somebodyelse View Post
            I thought the sticker thing was about the adhesive potentially reacting with and weakening the shell of the helmet

            they give you a head set thing when they assess you now so I can't see how they'd fine you for that
            (mind you its not glued on)
            My thoughts exactly, as my Bluetooth unit is held on by a clip, which I would imagine, if I were to have an accident, it should slide straight off and not affect the operation of the helmet, and not have any chemicals from the glue potentially affecting the shell
            I love riding, especially yamamas

            Comment


            • #7
              Originally posted by Motormaniac View Post
              My thoughts exactly, as my Bluetooth unit is held on by a clip, which I would imagine, if I were to have an accident, it should slide straight off and not affect the operation of the helmet, and not have any chemicals from the glue potentially affecting the shell
              Or, you could land straight on top of it, and it may puncture the shell of your helmet and wedge itself in your skull. I guess that's the reason behind the clauses in the standard.

              At the end of the day this isn't a new law. We've always been required to wear AS compliant helmets. The standards say no protrusions. Bullshit? Maybe. But that's what we've been living with for years now...

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              • #8
                Originally posted by BenG View Post
                Or, you could land straight on top of it, and it may puncture the shell of your helmet and wedge itself in your skull. I guess that's the reason behind the clauses in the standard.

                At the end of the day this isn't a new law. We've always been required to wear AS compliant helmets. The standards say no protrusions. Bullshit? Maybe. But that's what we've been living with for years now...
                Sorry mate i totally disagree, the bluetooth is not going to puncture anything, as you hit the asphalt it will break into pieces, so your helmet. The AS sticker issues has been debated here over and over, and yes we have to live with it....

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                • #9
                  The police have quoted and fined people commuting by bicycle for non compliance to AS stds using cameras as well so this is nothing new. In those cases same deal, covering damage, modifying helmet from approved conditions and possible reaction of helmet shell and solvent.

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                  • #10
                    Better tell the DPI testing centres then.
                    In sterquiliniis invenitur.

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                    • #11
                      Motorcycle Police Officer's in WA use Contour HD action cameras which attach to a bracket on the helmet that is mounted with adhesive also.
                      - XolituDe (Rick)

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                      • #12
                        I was once threatened with this fine for having the mohawk on my helmet >_<

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                        • #13
                          The adhesive won't effect your helmet... I don't know how anyone could think it might. (as/nzs1698 sticker, Snell sticker, dot sticker, emergency release tab stickers, hell, the graphics on your helmet are stickers)

                          Having a fairly solid object on your helmet isn't a great idea. It doesn't take much resistance to get things tangled up and doing things they shouldn't.... Not to mention a direct hit. My contour cam took on a concrete wall, and come out with minor scratches... A helmet isn't as hard as concrete. I know what would win that battle.
                          The greatest excitement comes from besting who you were yesterday.

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                          • #14
                            It makes sense from a safety point of view, as by sticking things to your helmet, you MAY be altering its performance. This would be especially bad if you were using screws, etc. to fix to the helmet.

                            No, a go-pro probably won't do this (as the mount will break away before it damages things or causes significant damage to the helmet - or - more likely, snags on a kerb and jerks your neck as you slide down the road, rather than your helmet glancing off it), but by the letter of the law it has not been certified as OK, and the helmet was complied WITHOUT it, so guess what?



                            I'm not saying a go-pro will kill you or whatever, that's not the point. The point is that legally the helmet has not been tested/certified with it. So the cops can probably ping you for it.

                            Would be interesting to see it go to court.
                            “Crashing is shit for you, shit for the bike, shit for the mechanics and shit for the set-up,” Checa told me a while back. “It’s a signal that you are heading in the wrong direction. You want to win but crashing is the opposite. It’s like being in France when you want to go to England and when you crash you go to Spain. That way you’ll never get to England!” -- Carlos Checa

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                            • #15
                              I have a Bluetooth unit and a curved GoPro mount attached to my helmet.

                              Should I get issued a fine for either, I'll be happily facing a magistrate and fighting the fine.

                              Please bear with me, this is going to be a long one... A few things to begin with:

                              The Australian Standards documentation (which are not publically available, I might add) exists specifically to control the manufacture and sale of products, and not their use once purchased.

                              Not only that, the actual standards are defined on a state-by-state basis, to the point where a helmet that is classed as approved in one state can be unapproved in another... More on that later.

                              Now, the current release of AS1698 specifies no external protrusions over 5mm or at more than a 45؛ angle to the surface of the helmet, and nothing about attaching aftermarket accessories.

                              It also specifies that the manufacturer is obligated to warn the end user of conditions that *may* render the helmet structurally unsound (i.e use of solvents to clean, certain adhesives, sharp impacts, penetrating the shell, etc, etc.), but due to the manufacturer being unable to control the use of the helmet once it's been produced and sold, the only restriction on it's use once you buy it is in the relevent road laws themselves.

                              That removes any mention of attached accessories at the Australian Standards level.

                              Moving on to a national law level, the amended February 2012 issue of the National Transport Commision's Australian Road Rules, Regulation 270 (Wearing Motorbike Helmets) states:



                              Basically, the helmet must be approved according to the relevant law pertaining to helmets, and it must be securely fastened at all times, except when the bike is parked.

                              If you're really bored, you can leaf through the ARRs and find that there is nothing else specifying which laws or standards the helmet must comply with, just that it does comply, and there's no mention of attaching any accessories in the national laws either.

                              Let's move on to the Western Australian specific laws, shall we?

                              The previosuly mentioned national rule is repeated (without reference to the specific WA state law), virtually verbatim in the Western Australian Ride Safe Handbook.

                              I started by looking at the WA Road Traffic Act 1974, and saw that there are no references to helmets in it, but continuing on to the Road Traffic Code 2000, I found the actual law relating to wearing helmets on motorcycles, Regulation 244:



                              Aha! Now we are getting somewhere. The rule is still fundamentally the same, but now our state specific exemption and variances are brought in at the behest of the Director General of The Department of Transport, who is actually responsible for setting and approving the standards to which our lids are defined by law as a protective helmet.

                              This rule also conversely covers what isn't a protective helmet by automatically exculding everything that doesn't meet Mr. Director General's standards, i.e. as far as the law is concerned, wearing an unapproved helmet is the same as riding with no helmet at all.

                              As I mentioned earlier, and as we've just seen, the safety standards are defined by each state's road transport authority. This leaves helmet standards in the position of being an utter fucking mess across the country (although that article is published by the Motorcycle Riders Association of South Australia, it covers all the states).

                              After a bit more digging in the Governement Gazette, I found the Road Traffic Code (Protective Helmets) Notice 2007, or Gazette No. 259, dated 14/12/2007, and issued by the director general in relation to what actually constitutes a protective helmet:

                              5.Protective helmets (motorcycles— regulation244)

                              A protective helmet that —
                              (a) complies with —
                              (i) the type and standard specified in AS 1698:1988 (Standards Australia) and, where fitted with an eye shield, has an eye shield that complies with AS 1609:1981 (Standards Australia); or
                              (ii) the type and standard specified in AS/NZS 1698:2006 (Standards Australia);
                              and
                              (b) carries a sticker issued by Standards Australia indicating that compliance,
                              is approved by the Director General for the purposes of the Road Traffic Code 2000 regulation 244.
                              And there it is in black and white... A protective helmet complies with the type and standard specified in AS1698, either the 1988 or 2006 issues, and has a sticker from these guys indicating that it complies.

                              No mention of accessories there, and it just points us back to the Australian Standard.

                              Should you have extra money weighing you down, you can spend varying amounts to purchase a copy of AS/NZS 1698:2006 from SAI Global, but for the purposes of our side-of-the-road informative discussion with a member of WAPOLs finest, we can rather handily get an overview of the mandatory standards from Product Safety Australia for free.

                              Thanks to their simple terms explanation, we can confer two critical things in support of our freedom to stick things on our helmets from here...

                              Firstly:

                              Does this apply to your business?

                              Under the ACL supply includes:
                              • in relation to goods - (including re-supply) by way of sale, exchange, lease, hire or hire-purchase and
                              • in relation to services - provide, grant of confer.

                              This mandatory standard applies to anyone in the business of supplying motorcycle helmets, including:
                              • manufacturers
                              • importers
                              • distributors
                              • retailers
                              • hirers.

                              To allow for staggered implementation, there are some cases where a mandatory standard or ban prescribes different compliance dates for the manufacturing, importing and supply of a product.Manufacturers, importers and distributors should check for this detail in the mandatory standard before embarking on production, importation or distribution of these goods.

                              Which reinforces that the Australian Standard and compliance with it is relevant to the MANUFACTURE, SALE, AND SUPPLY of helmets, and not the USE of them (which, as we've seen is legislated by law),

                              And secondly:

                              Safe use instructions

                              Motorcycle helmets must have markings that include:
                              • the names of materials used in the shell and liner.
                              • information explaining that the helmet can be seriously damaged by substances such as:
                                • petrol
                                • paint
                                • adhesives
                                • cleaning agents.

                              • instructions to the user to:
                                • make no modifications to the helmet
                                • fasten the helmet securely

                              • return the helmet to the manufacturer for inspection or destroy and replace it if the helmet experiences a severe blow, including being dropped.

                              The markings and safety instructions must be easy to see. Users must not have to remove any padding or permanent component of the helmet to be able to read these markings and instructions.
                              Labelling

                              Each helmet must come with a brochure or label that includes the following information:
                              • no helmet can protect a wearer against all possible impacts.
                              • for maximum protection:
                                • ensure the helmet fits firmly on the head
                                • fasten the retention system (usually a strap to the lower jaw area that holds the helmet in place) securely
                                • adjust the retention system firmly so that the helmet stays on the head when pulled from behind or in an upward movement

                              • the retention system under the chin is designed to keep the helmet on the wearer’s head
                              • the helmet is suitable/unsuitable (as applicable) for use with goggles.
                              • do not use any attachments, except those recommended by the helmet manufacturer.
                              • do not drill or cut the shell of the helmet.
                              • the helmet is designed to absorb shock by partial destruction of the shell and liner. This damage is not always visible. If the helmet receives a severe blow, the user should replace it even if it seems undamaged.
                              • the liner is essential for the performance of the helmet.
                              • petroleum, petroleum products, cleaning agents, paint adhesives etc may damage the helmet and make it ineffective. Only apply the following materials when cleaning the helmet:
                                • (list materials).
                              That everything listed above constitutes mandatory information that must be given to the buyer AT THE TIME OF SALE in order for the product to be compliant. There is nothing there to specify what can and cannot be done with the product once it's purchased.

                              Not only that, you'll find the key word in the instructions specify that the helmet can be damaged by the use of adhesives and solvents, not that any and all adhesives and solvents will instantly destroy it.

                              Some of you may look at the line "Instructions to the user to make no modifications to the helmet" and think that means we can't modify our helmets. As far as I can tell, that's just a mandatory warning that must be issued at the time of sale, because Australian Standards don't cover the use of a product, only the standard to which it must be manufactured.

                              What this boils down to is that the AS1698:2006 standard must be met by the helmet when it's made, and sold. After that, the law specifies how the helmet can be used, and there is no specification that I can find in the law that says it's illegal to stick anything on your helmet after you buy it... Vinyl stickers, bluetooth units, cameras, or even kaiser spikes.

                              Should parliament or the DoT pass a law making it illegal to stick things on your helmet, then all bets are off, but until then I'm not worried.

                              Now, I'm not a lawyer, so please, take all of my advice in this post with a large grain of salt. I personally am not likely to tell a ticket-happy cop to go take a run in a rut on the side of the road should I get pulled over for having a camera on my helmet, but if I get ticketed, I'd be happy to stand in front of a magistrate with this information and do my best to defend myself.

                              One other final bit of advice - Any insurance company may or may not deny a personal injury claim on the grounds that anything attached to your helmet increases the risk of spinal damage. I can't really comment on that, so should this potentially be an issue, it'd be prudent to talk to them first.
                              "Who the hell steals a Ninja 250?"
                              "People who enjoy the rush of theft but dislike the rush of speed..."

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