Definition of "Legally Acceptable" Helmet.. Where is it?



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Thread: Definition of "Legally Acceptable" Helmet.. Where is it?

  1. #1

    Question Definition of "Legally Acceptable" Helmet.. Where is it?

    I know.. I know...Its got to have a DOT sicker bla..bla..bla..

    Other than the "common knowledge" stuff, could anyone point me in the right direction on where the definition of acceptable/non-acceptable helmets from a legal standpoint can be found?...

    Is it in the Ontario Highway Traffic Act?...

    Thanks

  2. #2
    NiteshadeTA's Avatar
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    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    The HTA:

    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, c. H.8, s. 104 (2).

    The HTA regulation
    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; or

    (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. R.R.O. 1990, Reg. 610, s. 2.

    3. A helmet worn by a person operating or riding a bicycle on a highway shall,

    (a) have a smooth outer surface, be constructed so that the helmet is capable of absorbing energy on impact and be strongly attached to a strap designed to be fastened under the chin of the wearer; and

    (b) be undamaged from use or misuse. O. Reg. 411/95, s. 1.

    4. (1) The helmet referred to in section 3 shall conform to the requirements of one or more of the following standards:

    1. Canadian Standards Association CAN/CSA D113.2-M89 (Cycling Helmets).

    2. Snell Memorial Foundation B-95 (1995 Standard for Protective Headgear for Use with Bicycles).

    3. Snell Memorial Foundation B-90 (1990 Standard for Protective Headgear for Use in Bicycling).

    4. Snell Memorial Foundation B-90S (1994 Supplementary Standard for Protective Headgear for Use with Bicycles).

    5. American National Standards Institute ANSI Z90.4-1984 (American National Standard for Protective Headgear for Bicyclists).

    6. American Society for Testing and Materials ASTM F1447-94 (Standard Specification for Protective Headgear Used in Bicycling).

    7. British Standards Institute BS 6863:1989 (British Standard Specification for Pedal Cyclists' Helmets).

    8. Standards Association of Australia AS 2063.2-1990 (Part 2: Helmets for Pedal Cyclists).

    9. Snell Memorial Foundation N-94 (1994 Standard for Protective Headgear: for Use in Non-Motorized Sports).

    10. United States Consumer Product Safety Commission (CPSC) 16 CFR Part 1203 Safety Standards for Bicycle Helmets. O. Reg. 411/95, s. 1; O. Reg. 38/03, s. 1 (1).

    (2) The helmet shall bear the mark of the standards authority or the mark of the manufacturer showing that the helmet meets the prescribed standard. O. Reg. 411/95, s. 1.

    (3) A reference to a standard in subsection (1) includes any amendments made to the standard, whether made before or after February 11, 2003. O. Reg. 38/03, s. 1 (2).

    5. A person who is 18 years old or older is not required to comply with subsection 104 (2.1) of the Act. O. Reg. 411/95, s. 1.

    Enjoy.

    Nites

  3. #3

    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    Thanks... I appreciate it!!

  4. #4
    NiteshadeTA's Avatar
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    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    No sweat.

    Nites

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    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    Quote Originally Posted by NiteshadeTA View Post
    The HTA:

    (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, c. H.8, s. 104 (2).
    Nites
    Does this mean that a passenger who is over the age of 16 isn't legally required to wear a helmet? That can't be right, can it?
    If ignorance is bliss, then knock the smile off my face - Rage Against The Machine

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    Moderator Rob MacLennan's Avatar
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    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    Quote Originally Posted by TBSS_guy View Post
    Does this mean that a passenger who is over the age of 16 isn't legally required to wear a helmet? That can't be right, can it?
    No, it means that the RIDER is responsible for the passenger wearing a helmet up until age 16, at which point it becomes the responsibility of the passenger himself.
    Morally Ambiguous (submissions welcome)

    "Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde

  7. #7
    Zahadoom's Avatar
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    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    Ok, I have a SHOEI TZR Helmet, While cleaning it once, some of the stickers on the back started to come off. I figured at this point, why not, and I removed all the stickers on the back of the helmet, and actually placed a refective sticker in its place.

    My question is now, since there is nothing inside the helmets to indicated DOT compliance (or is there something inside?), now that my DOT sticker is Missing, is my helmet no longer legal? And if not, where do I get a new DOT sticker.

    I've noticed dot stickers look different on different helmets and come in different sizes, can you just make your own DOT sticker?? Or write on your helmet with a Marker? The law is sooo vauge, the helmet is DOT approved, how far do I have to go to prove it?

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    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    Quote Originally Posted by Zahadoom View Post
    Ok, I have a SHOEI TZR Helmet, While cleaning it once, some of the stickers on the back started to come off. I figured at this point, why not, and I removed all the stickers on the back of the helmet, and actually placed a refective sticker in its place.

    My question is now, since there is nothing inside the helmets to indicated DOT compliance (or is there something inside?), now that my DOT sticker is Missing, is my helmet no longer legal? And if not, where do I get a new DOT sticker.

    I've noticed dot stickers look different on different helmets and come in different sizes, can you just make your own DOT sticker?? Or write on your helmet with a Marker? The law is sooo vauge, the helmet is DOT approved, how far do I have to go to prove it?
    Does your helmet not have the Snell sticker inside? Snell approved helmets were DOT first weren't they?

  9. #9
    AGAVE's Avatar
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    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    Any full face helmet will never be questioned, it's half helmets they pick on.

    What confuses me is this>

    3. A helmet worn by a person operating or riding a bicycle on a highway shall,

    WTF does that mean? Can i ride my bmx on the highway now with a good helmet?

    Did you cut and paste this info from gov website?
    Wouldn't surprise me if there was an error.

  10. #10

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    Re: Definition of "Legally Acceptable" Helmet.. Where is it?

    Quote Originally Posted by AGAVE View Post
    Any full face helmet will never be questioned, it's half helmets they pick on.

    What confuses me is this>

    3. A helmet worn by a person operating or riding a bicycle on a highway shall,

    WTF does that mean? Can i ride my bmx on the highway now with a good helmet?

    Did you cut and paste this info from gov website?
    Wouldn't surprise me if there was an error.
    Any roadway is called a highway. Otherwise wouldn't the Highway Traffic Act only apply to what we call highways?

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