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NSW Are GoPro's or similar legal?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by danez85, Mar 25, 2016.

  1. Hey there community!

    My name is Daniel, im new to the forum and id love to hear what people know about this subject?

  2. There was a brief period when police attempted to claim that a helmet attached GoPro impinged on the safety of the helmet. I believe when push came to shove the police withdrew this charge. In general, as far as I know there is no restrictions on filming using a GoPro or any other device. Common sense would apply in that the mounting point should not hider the operation of the bike.
    • Like Like x 2
  3. Thanks for the info, I was really surprised to see videos of people getting pulled over and fined for that.
  4. They are of course legal. The problems relate to mounting them on helmets and the laws seem to differ between states. Here in Vic its still a grey area that hasn't been tested in court. The last case was resolved on a technicality that has since been remedied.
    • Informative Informative x 1
  5. It is perfectly legal to video the pokice and they do not have any authority to demand that you stop filming - unless you've been arrested.

    However, you could have your camera and/or memory card seized if is considered as evidence in a crine - sometinhing to have at the back of your mind as they could be seized to prove you really were doing something a bit naughty. Or other riders, for that matter.

    The saftey aspects of cameras on helmets has actually been tested by the Road Transport Research Laboratory in the UK and they produced a report last year demonstrating that helmet cams do not increase the risk of brain injury. It was only tested on climbing helmets as it was specifically commissioned by the BBC, but essentially they said the camera mounts would break well before any force that would cause brain injury.

    As far as I can make out, there is no law that specifically says you can't have a hemet cam (NSW), but there is the question as to wether or not sticking a cam to your helmet constitutes a "modification". Having said that, every single bike cop I have seen has these things stuck to the side of their lids.

    It would be funny to see them called as a wittness for the defence

    By the way, I'm not a lawyer. I've just done a bit of background research.

    Funnily enough, I find the po po much "nicer" when I have a camera running than when I don't.
  6. #6 Vertical C, Mar 26, 2016
    Last edited: Mar 26, 2016
    Its not illegal to look like a teletubbie.
  7. Just silly when there are more streamlined cameras around.
  8. What would be considered a "legal" mounting option for a camers? Would it be better to mount on the bike?
  9. I have been holding off on buying and fitting a helmet mounted camera due to the confusion surrounding this.
    Its a grey area and I don't need the time and hassle of going to court to find out if I was in the wrong or not after some over enthusiastic copper books me.

    A bike mounted camera would be fine but does not tend to catch as much as a helmet cam does, so will hold off until there is some clarity about helmet mounting cameras and their legality.
  10. I was pulled over in NSW for having a Go Pro mounted on my helmet. The officer read the label inside my lid saying how anything should not me stuck to the helmet (even though this is a manufacturer warranty thing really), I wasn't booked for it though.
    As far as recording them, he said I could not record his voice under some legislation I cant remember.
  11. The not recording his voice part was a lie, the rest is still a matter of contention regarding attachments to the helmet.

    Worth a read

    Attached Files:

  12. NewieRiderNewieRider, do I recall correctly that he seemed to think the clamp-type mounts (i.e. Bluetooth communicators and therefore by extension, the Sena Prism) were OK?
  13. He did say Bluetooth communication devices are allowed. Did not mention specifics or cameras like the sena prism.
  14. These things have such a wide angle I doubt there is much difference. Have you done a comparison? I have mine attached to the handlebars, which works on a naked bike.
  15. Its more the fact that you can change the angle of the camera simply pivoting your head that is the difference. It allows sideways and also behind you in the mirrors in heavy traffic. This is better if you are involved in an accident for example.

    If you are only interested in whats happening in front a bar mount is fine.

    If you need to pivot the camera to see the guy merging into you from an adjacent lane for insurance purposes, a helmet mount looks where you do and is far better for that sort of thing.
    • Agree Agree x 2
  16. By "remedied" twistngotwistngo are you saying the authorities have closed the loophole that Max Litchenbaum used in his appeal? (I'm cyber slacking at work and don't want to spend too much time searching Netrider a.k.a. lazy).

    I just got a Hero 4 Session. The permanent mount is 15mm – on the top of the helmet. Put it there as I wanted the head swivel to capture cars coming at me down the side roads. Yes it is wide angle, I intend to try a mount somewhere on the bike sometime but will need to fabricate some sort of mount as it has a windshield. Struth then I’d have to wash the bike more often. Didn’t manage to get around to chain lube over Easter. Took a look atthe gunge, it was 6pm so went for a ride instead.
  17. I'd be prepared to put money on a punt that he was making this up. There is AFAIK no legislation suggesting that one device or another is legal or otherwise.
    The whole 'illegal' thing is coming from a statement in the Australian Standards (not actually a road law) about what the manufacturer/distributor is supposed to tell the purchaser about making modifications to the helmet.
    Nowhere in the standards or the laws does it mention types of devices. AS does mention (not) using adhesives that might weaken the helmet material, as well as not cutting or piercing the helmet.
  18. He didn't use the word legal but ok, so it comes down to the officer who pulls you over I guess.

    Like Dr Sleepy asked, the Sena Prism camera being attached with a non-sticky mount like the bluetooth device, SHOULD be ok???

    So many shades of grey!! (I am not putting a number on this one)
  19. You're right - it's still down to the individual police officer as to whether he issues a TIN. Then it's up to a court to decide whether it is valid, and the results have been mixed. I'm sorry that nobody can give you a definitive answer, but that's the current state of play.

    No way of knowing what each police member thinks. Some might accept it, others might not. They can still drag you to court if they really want to.
    All you can do is look at the pattern. Nobody has been pulled for a bluetooth headset yet, and camera infringements have gone both ways in court. Anecdotally, only a handful of police seem to have a problem with cameras of any kind, but all the TINs appear to have been for GoPro types.

    I understand you can get a combined headset/camera now - that should really complicate things!
    • Agree Agree x 3
  20. Yes. The standards can now be examined at Vicroads.