Posted by rainrider on March 26, 2001 at 17:58:14:
Came across this news while surfing bike sites;
A member of the Para-Dice Riders (now HAMC) in Ontario was stopped by police and a demand was made for him to remove his helmet and show it met DOT standards. He refused, and was charged with Failure to wear proper helmet.
In the Ontario Court of Justice, Justice Gorewich ruled the demand to be unreasonable search and seizure contravening the Charter of Rights and Freedoms. In his decision he said the helmet was part of personal property, NOT part of the safety equipment provided for the motor vehicle. A warrant would have been required to inspect the helmet.
The Attorney General has appealed the decision to the Supreme Court, but stands little chance of overturning the ruling.
General consensus in the legal community is that even should relevant legislation be rewritten at the Provincial level, it can't get around the fact that the helmet belongs to the operator and not the motorcycle, and the Rights and Freedom issue.
good riding, good health, rainrider