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Thread: Fined for loose helmet strap

  1. #21
    Member Sauer's Avatar
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    Quote Originally Posted by Ryanoceros View Post
    I thought the way the legislation was written, having an improperly done up strap, or wearing a helmet with no safety sticker was classed as not wearing one ?
    If you have a link to the legislation you're referring to I won't mind skimming it. They're heavily worded for sure, and sometimes hard to find

    I reckon the rider failed the attitude test - either through riding style or how he chose to interact once stopped.
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    Are we suggesting there is a 2nd side to a story? Good lord!

    I love any story involving the police possibly being dicks on PSB, really brings out the teenage angst and butthurt.

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    Lot of judgement in this discussion.... attitude, helmet not worn properly, bike's shit, kid's got a weird name.... ?


    working Father of three, mature age, not the type to get antsy if you apply a bit of logic I would've thought.

    From the article:

    "I was polite, I wasn't looking for any trouble.

    "It was on, it's a tight strap, it was buckled up correctly — it was just that they thought it wasn't buckled up.


    Then: pulled over by two police officers with a speed radar gun, who queried whether he was speeding.

    the officers had stopped him before asking him to rev his engine to assess how loud it was.

    "He didn't give me a fine in regards to the noise of my motorcycle but he had a thorough look over my motorcycle."

    THEN, they gave him a ticket for a loose strap....

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    Quote Originally Posted by peter600 View Post

    the officers had stopped him before asking him to rev his engine to assess how loud it was.
    Can they do that?

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    Quote Originally Posted by Coastal0 View Post
    Can they do that?
    without a decibel meter??

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    Quote Originally Posted by peter600 View Post
    Lot of judgement in this discussion.... attitude, helmet not worn properly, bike's shit, kid's got a weird name.... ?


    working Father of three, mature age, not the type to get antsy if you apply a bit of logic I would've thought.

    From the article:

    "I was polite, I wasn't looking for any trouble.

    "It was on, it's a tight strap, it was buckled up correctly — it was just that they thought it wasn't buckled up.


    Then: pulled over by two police officers with a speed radar gun, who queried whether he was speeding.

    the officers had stopped him before asking him to rev his engine to assess how loud it was.

    "He didn't give me a fine in regards to the noise of my motorcycle but he had a thorough look over my motorcycle."

    THEN, they gave him a ticket for a loose strap....
    No logic in assuming a working father of 3 isn't the type to get antsy based on that criteria alone. In my experience (of having 4 children) it was sometimes a contributing factor to being antsy, short tempered and/or in a hurry

    I am, however, applying the logic that what he's told the media is based on his recollection alone.

    - - - Updated - - -

    Quote Originally Posted by peter600 View Post
    without a decibel meter??
    They don't need one. They just need to believe it too loud, defect the vehicle, and let the inspectors determine if it's too loud.
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  7. #27
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    Quote Originally Posted by Coastal0 View Post
    Can they do that?
    Yep. They're allowed to drive your vehicle around the block to make sure it's safe to operate, and I think that applies to motorcycles too. You never hear of or see it being done, but it's technically legal. In regards to noise, any vehicle they deem "too loud" (how loud is too loud ?) is liable for a canary
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    Quote Originally Posted by westy74 View Post
    As a motorcycle instructor for 9 years and also a trackday coach at RAC for 18 months I was constantly surprised at how often I was required to tell riders to tighten their chin straps.. So too bad so sad for the above rider

    May as well not wear the helmet if its not done up securely !!
    This. Further reading here: https://www.crash.org.au/incorrect-helmet-use.html

    9.1 per cent of the crashes involved helmets coming off the wearer's head at some time during the accident.
    Of these 9.1 per cent of crashes, there were 58 cases in which the reported ejection was because the rider had failed to fasten the chin-strap or had removed it.
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    Not a bullshit charge if it wasn't done up but the amount/points isn’t justified
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    Quote Originally Posted by BusaSteve View Post
    A WA police spokesman said while he couldn't comment on a specific case, anyone who disputed a traffic infringement notice could contest the decision in court.

    "If the person believes they were unfairly targeted they can elect to make a complaint through the police complaints and administration centre," he said.

    "The matter will be reviewed by a person independent of the infringing officers' business unit."



    This speaks volumes as to the WA police force's priorities. So much for that useless twat former police minister saying it has never been about collecting money
    Heard the "Business Unit" mentioned on the ABC Radio report & also thought it didn't sound right. It's a bad, but truthful state of affairs of this lot. I can't get my head around how anyone would want to do this sort of a job, which probably explains the sort of people that fill these roles.

    Heard the guy in question being interviewed about the incident & he was articulate. He must have felt strongly about this for him to approach the ABC with the story.
    Looks to me these cops were out to get this guy on whatever they could. Typical TEG overreach.
    BTW, I'm not butt hurt, have been in the past, but I hate the abuse of power or the unaccountability of these people, usually takes a lot of effort & $'s on the accused part. Most folks give in & pay the fine.

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    Is it just me....?

    Why is good dad..in pic with ' der ' on his lap but no helmet in sight..? not a metal bucket lid is it...@#tryhardharleyclonepedant

    Don't stress about 'BU' we , too have business units.. it's all about acronyms ...just a millenial name for 'Branch'.....'Office'
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    Quote Originally Posted by GsxInShed View Post
    Is it just me....?

    Why is good dad..in pic with ' der ' on his lap but no helmet in sight..? not a metal bucket lid is it...@#tryhardharleyclonepedant

    Don't stress about 'BU' we , too have business units.. it's all about acronyms ...just a millenial name for 'Branch'.....'Office'
    "Business Unit" is another American jargon we could do without here in Aus.

    Originally introduced here by the yank oil companies AFAIK.

  13. #33
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    Quote Originally Posted by wheel_of_steell View Post
    This. Further reading here: https://www.crash.org.au/incorrect-helmet-use.html

    9.1 per cent of the crashes involved helmets coming off the wearer's head at some time during the accident.
    Of these 9.1 per cent of crashes, there were 58 cases in which the reported ejection was because the rider had failed to fasten the chin-strap or had removed it.
    Regulation 244 of the Road Traffic Code 2000 states that a motorcycle, including a moped, must not be ridden unless an approved standard or type of helmet is securely fitted and "fastened" to the head of the rider. Failure to comply can incur 4 demerit points and a $550 fine.

    The fine for not wearing a seatbelt in a car is the same penalty $550 plus 4 demerits ! Not really seeing the problem here

    Ironically The Op has a picture of himself on social media wearing a helmet with the strap clearly undone !
    Last edited by westy74; 07-06-2018 at 08:27 PM.
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  14. #34
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    Quote Originally Posted by westy74 View Post
    Regulation 244 of the Road Traffic Code 2000 states that a motorcycle, including a moped, must not be ridden unless an approved standard or type of helmet is securely fitted and "fastened" to the head of the rider. Failure to comply can incur 4 demerit points and a $550 fine.

    The fine for not wearing a seatbelt in a car is the same penalty $550 plus 4 demerits ! Not really seeing the problem here

    Ironically The Op has a picture of himself on social media wearing a helmet with the strap clearly undone !
    In kingsgrove in 1972 my uncle a motorcycle rider/racer stated to some guys if you have a ten dollar head wear a ten dollar helmet, if you choose to wear it unfastened then maybe don't wear it all.
    Mate stick to the facts not a fantasy.

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    I’ve been guilty of the offence through a ‘mind slip’ periodically.
    Usually an interruption during my routine.
    Discover it after 50m.
    I would expect to be pinged for it. Id be stopped fixing the problem before they had a chance to pull me over.
    But I be shitty if they did ping me under that circumstance.
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  16. #36
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    Quote Originally Posted by ApatheticEnd View Post
    That'll get chucked out in court. What a joke.
    I reckon so as well if he has a decent lawyer


    Quote Originally Posted by Sauer View Post
    Quick lunchtime research...

    According to https://www.rsc.wa.gov.au/Rules-Penalties, the $550 fine and 4 demerits applies to "Driving a motorcycle where the driver and/or the passenger do not have an appropriate protective helmet." It makes no mention of it being securely fastened. Not sure if "appropriate protective" extends to helmet fastening.

    The Road Traffic Act WA 1974 makes one mention of the word helmet, in the context of bicycle helmets.

    The good gear guide on the WA Transport website (https://www.transport.wa.gov.au/medi...dGearGuide.pdf) states "By law, when riding in Australia, you must wear a motorcycle helmet that complies with the
    standard AS/NZS 1898 and is securely fastened".

    Be interesting to see the outcome if it makes it to court...
    Yeah it really comes down to the definition of "securely fastened" and how loose it was at the time


    Quote Originally Posted by Coastal0 View Post
    Can they do that?
    They can ASK I haven't seen anywhere in the Regs where it states a PO can drive someone's vehicle without permission unless it's abandoned/unlicensed/in a dangerous place etc and I certainly wouldn't allow them to do so, especially with a MC that they may not have a legal licence or training to ride and would void my insurance if they crashed it


    Quote Originally Posted by westy74 View Post
    Regulation 244 of the Road Traffic Code 2000 states that a motorcycle, including a moped, must not be ridden unless an approved standard or type of helmet is securely fitted and "fastened" to the head of the rider. Failure to comply can incur 4 demerit points and a $550 fine.

    The fine for not wearing a seatbelt in a car is the same penalty $550 plus 4 demerits ! Not really seeing the problem here
    Determine "securely fitted and fastened?" I haven't seen any definition on how tight the strap may be In fact given the Vozz helmet doesn't have any straps at all AND is AUS/NZ certified it pretty much means it's not defined as having to have the strap at all

    I got pulled over many years ago riding to the Dr's when I was crook as a dog and they thought I was pissed, breathalysed me twice and then tried to say I would get a fine for not doing up my helmet because the strap had been torn off (someone tried to knick the helmet off the bike the day before) but I never ended up getting a fine for it
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    There’s got to be more to the story. As others have said before, he might have failed the attitude test....
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    Quote Originally Posted by Hillz View Post
    should be a $550 fine for riding that POS, public nuisance etc think of the children
    Saw the story on the news last night, and that was one seriously nice Shovelhead he was riding!

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    Unfortuntaly its the subjective application of yet another subjective law.

    Unfortunately we’ve only heard one side of the story and if a channel 9 or 7 type current affairs show latched onto it, its my guess the telling of the sory is particularly one sided
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    Quote Originally Posted by westy74 View Post
    Regulation 244 of the Road Traffic Code 2000 states that a motorcycle, including a moped, must not be ridden unless an approved standard or type of helmet is securely fitted and "fastened" to the head of the rider. Failure to comply can incur 4 demerit points and a $550 fine.

    The fine for not wearing a seatbelt in a car is the same penalty $550 plus 4 demerits ! Not really seeing the problem here

    Ironically The Op has a picture of himself on social media wearing a helmet with the strap clearly undone !
    As far as we know the strap was undone after they stopped him and he was no longer riding....I didnt know the rule applied all the time you were wearing the helmet...and for that matter how are you supposed to take it off without undoing the strap. I also suspect he did the social media thing to show how the strap was undone once he pulled over.

    I see no advantage in ordinary people supporting the plod force when they are aledgedly so far out of line. If its true then, and lets face it how often do they stretch the truth that plod should be sat behind a desk reading up on the law.
    Last edited by BusaSteve; 08-06-2018 at 10:19 AM.
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