Clarification on legality of GoPro

Shoei helmet with a GoPro action camera mounted

If you are fined for having a GoPro or similar camera mounted to your motorcycle helmet, fight it.

A complaint on Facebook says a rider in Victoria was fined for wearing a Go Pro on their helmet and there have been unsubstantiated claims that riders In Queensland have been harassed by police for having cameras on their helmets.

WHAT TO DO IF PULLED OVER BY POLICE

However, there is no law against fitting anything to a helmet, so long as it does not corrupt the “structural integrity” of the helmet, which means you can’t drill holes in the helmet.

Cameras that are stuck, fitted via a suction cap, or screwed to the side via a clamp should be fine. So are Bluetooth units attached in a similar fashion.

So if you are issued a ticket for having a camera fitted in this fashion, take a photo of the helmet at the time of the ticket being issued, don’t pay the fine, and fight the offence.

The Australian Standards says that no protrusion of greater than 5mm is allowed, but that refers to the manufacturing process as opposed to aftermarket accessories such as cameras, such as GoPro, and Bluetooth.

If a camera or other device is screwed into the helmet by drilling holes then it is interfering with the structural integrity of the helmet and the safety of the rider, and an offence is committed.

[In Queensland it is an offence for riders under the Transport Operations (Road Use Management—Road Rules) Regulation 2009 Section 270 (1) (a) Wearing motorbike helmets; and for for passengers it is under Transport Operations (Road Use Management—Road Rules) Regulation 2009 Section 271(2).]

In Queensland, the penalty is $330 and three points. Queensland police did not have any records of anyone being fined.

It would be strange if they did fine anyone for such an offence given comments by former Police Commissioner Jack Dempsey suggesting cyclists fit them to their helmets to collect evidence of drivers intimidating them on the roads.

If you have been fined for this offence, please leave your comment in the box below.

Also, be aware that police may and have confiscated helmet cams for evidence of traffic offences.
RECOMMENDED READING: Fined $330 for loose helmet strap and Are helmet cams safe?

39 Comments

  1. This is just a transition. Always a difficult time, especially for policemen who desperately try to make sense of it all. I think in the near future many helmets (just like cars) will have a wireless connection, hifi audio, front and rear cameras, all kinds of sensors and heads-up displays.

  2. I was pulled over for a random breath test on my way to the 2014 moto gp , by a vic highway patrol, I had a contour camera attached to my helmet, I asked the cop if it was legal or not , he advised there were no laws stating that I couldn’t wear it.

  3. This is dangerous, being a helmet manufacturer myself I have seen first hand how these devices can dramatically increase the risk of injury to a user, the one component that was left out here was the increase in rotational acceleration on impact amoungst other nasty things these devices can do. Upon a impact above 50km/h the stopping speed of rotation of your helmet is important to not severing your neck vertebrae, helmets that are smoother and have no ridges or vents have a lower friction index upon impact. A GOPro or a Sena rider ect, will increase the friction indexing. Under the right conditions wich I admit are rare it will actually result in death, even with double sided tape, although definite when bolted on. My recommendation would be it is much easier for the magistrate to form a case around why it is unsafe rather that why it is safe, I would play more on the fact that action cams although dangerous are used by motorcycle police and why is it safe for them another underlying rule is police don’t like being recorded by action cams could be another reason they are enforcing this. Verdict; just don’t wear it on your helmet for now. Surley sooner or later a company will provide a legal
    Integrated solution 😉

  4. Firstly I would like to say the law is fine, “You cannot affect the integrity of the helmet”. Who would take the risk. The problem is, does fitting a camera or other device affect the integrity. The Police don’t know, and neither do most of us. Only people who can say whether it does or not is the manufacturer of the helmet as they are the only ones who can do the testing. Assuming QPS have to prove you guilty and not you prove your innocent, they would need at least a letter from the Helmet Manufacturer stating so, or at best documented testing. I would also suggest that any helmet manufacturer to avoid being sued in case it does, will err on the side of it could affect the helmet. Let the buyer be ware.

  5. The whole thing is silly. I have had one on my helmet for about 4 months. No problems.

    And the part about glue and whatnot on helmets.
    Look at any construction hardhats label.
    Do not put paint or any stickers on this helmet as it voids it’s validity.

    But then. Do a site induction and they give you a sticker to put on the hardhat. It’s ludicrous.

    They’re should be some clarification by Qps on what is and isn’t legal regarding this matter.

  6. I was fined for wearing a Gopro on my Helmet in NSW last year. I had consulted with a number of Police prior to be being fined, including highway patrol, and all said “no problem”. I also consulted with Police at the Police stand at the Sydney Royal Easter Show. Three officer’s said “No Problem”. I did not pay the fine and opted to fight it in court as I was fined on long weekend – double demerits. I was up for six point. I was offered a section ten – no conviction recorded, no demerit points or fine. After all that – I still have no idea if it is legal or not. Love to hear if anyone else has gone to court.

  7. Is it illegal to have a GoPro stuck on your helmet??? I was stopped and lectured by a Hunter Valley Policeman about it’s illegal to use any kind of glue on my helmet. The cop told me, it will make my helmet unusable. So, this makes it impossible to attach my GoPro eh!???! There’s nothing in his list about GoPro or glue damage, so he gave me an infringement for not wearing a helmet! It costed me 3 points, 311$. I think this policeman did something that was not fair, excessive and borderline to incorrect..
    A warmest welcome to a Queenslander from NSW Police Officer.

  8. There was a Qld rider fined last year, he posted about it on Advrider Australian Regional forum. Unfortunately he did not challenge it or report it to MRA Qld

  9. What has happened in any state other than Victoria has absolutely NO relevance, the bloke was charged by Vic police, end of story, clarification will be decided when it goes to court and is ruled on, not before

  10. They have it covered in Victoria if you look at Vic roads website you will find some recent laws pertaining to filming of and from Vic roads with a permit. Why now when most cars have built in cameras, revenues and to stop embarrassing of the constabulary. Next time your pulled over ask where their permit to film from a Vic road is?

  11. When I bought the gopro I was told people were being booked by Gympie police for mounting them on there handlebars is this right, are they illegal

    1. There is nothing that I can see that is illegal in having a GoPro or any camera on your bike, so long as it does not obscure your vision or hamper the controls of the bike. It is the same thing with GPS devices in cars. You can’t have them in the centre of the windscreen where everyone seems to locate them. Police may consider a camera hampers control of the bike if it is on the handlebars. You may need to prove that the handlebars are still completely operational.

  12. If you’re in any doubt, pick up the phone, call your local police station and ask to speak to the highway patrol section. They will be more than happy to discuss issues like this and clarify how the law is interpreted and applied out on the road. The speculation that persists on sites like this does not do anyone any favours. If you want to know how the police are going to react to a GoPro mounted on your helmet just ask them. They don’t bite!

  13. Considering a tinted visor is a helmet defect you can be fined for, anything goes! Seems like the majority can’t win on these situations when going to court and end up with wasted time, time off work and court expenses. Double standards and silliness!

  14. New Google Glassesare coming soon.
    Wear them and this argument becomes moot.
    These laws…ALL of them…should be reviewed yearly as progress is quick, and these laws are antiquated beyond the word, “old”.

  15. Incognito police on unmarked motorcycles are cruising the roads in Perth filming drivers who are using mobile phones via a side-mounted helmet cam. They then call for the guys in uniform to make the booking. This started a couple of weeks ago.

  16. Would be a bit hard for the Qld police to fine riders as I have sold both Sena Bluetooth units and Contour cameras to many officers for recreational and work use and was told by one officer that if you get pulled over just refer to motorcycle officer in Qld because they all have Bluetooth units on their helmets or even worse a cable connecting their helmet to the bike.

  17. Police in QLD use helmet mounted cameras in sting operations where they ride unmarked bikes, record drivers using mobile phones, and radio ahead for a marked unit to pick up the offender. It would be interesting in QLD police were issuing such fines.

  18. I said from the moment I saw that post about the rider that there was more to that story than what we were told. I have seen police with go pro on there helmet as well

  19. If you read the product safety page at http://www.productsafety.gov.au/content/index.phtml/itemId/974854 it mentions “do not use any attachments, except those recommended by the helmet manufacturer.” by my reckoning, (whilst it is stupidly anal) unless the GoPro has been licensed by Shoei or whatever lid manufacturer made his lid, he is technically in the wrong, that being said, the wording on the TIN made no mention of attachments or helmet alteration so I suspect once it goes to court it will be thrown out on that technicality.

    1. Product safety instructions are not necessarily legal requirements. Can anyone say if the requirement for no attachments is actually in AS1698? And what is the legal situation in Victoria, as each state has their own rules? (As far as I can find, it just requires AS1698 compliance, but it is so convoluted that I could be wrong).

      1. Therein lies the problem, each state has their own helmet laws, you can evidently ride legally in some states and illegally in others wearing the same lid, it’s bullshit, as for the standard as such, you have to pay SAI global to get the wording I believe so perhaps AMCN or someone with plenty of $ behind them should delve further, given we are their target market and they do VERY well out of us.

  20. A rider was fined in Victoria for having a camera on his helmet. The video was on Facebook and YouTube and was also on nine news Melbourne.

    1. Dude read the article. Second Paragraph “A complaint on Facebook says a rider in Victoria was fined for wearing a Go Pro on their helmet and there have been unsubstantiated claims that riders In Queensland have been harassed by police for having cameras on their helmets.”

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