Victoria strikes again!!

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Victoria strikes again!!

Post  rolls on Wed 16 Sep 2015, 7:44 am

Another queer as fuck law from Victoria. What about bluetooth units?

http://www.abc.net.au/news/2015-09-16/court-to-hear-legal-challenge-over-helmet-cameras/6778744
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Re: Victoria strikes again!!

Post  madmax on Wed 16 Sep 2015, 8:08 am

@rolls wrote:Another queer as fuck law from Victoria. What about bluetooth units?

http://www.abc.net.au/news/2015-09-16/court-to-hear-legal-challenge-over-helmet-cameras/6778744

Not just happening in Victoria mate, there was a case of a NSW rider taking the same fine to court a few months ago. IIRC the police withdrew the case just before it went to court.

What I have heard recently is the cops will confiscate your camera, which may be your phone, if you are filming them when you are pulled over. You will lose your camera or phone for up to 28 days while they go over it for "evidence". Some recent videos of riders being pulled over show the cops have chest mounted video cameras attached to their vest. So it seems its ok for them to video you but not for you to video them.
Cops protecting themselves from disciplinary action if they over step the mark.

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Re: Victoria strikes again!!

Post  Chook on Wed 16 Sep 2015, 8:10 am

@rolls wrote:Another queer as fuck law from Victoria.
That would be interpretation of the standard, the standard is consistent across Australia (except for the recent new laws in QLD allowing additional helmets to the AS/NZ 1698:2006 standard ones)
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Re: Victoria strikes again!!

Post  Hammy on Wed 16 Sep 2015, 8:24 am

You can see what is going to happen.  They will make it law that if you attach any devise to your helmet, it must be done by a certified installer. And the appropriate forms must be shown on request. More BS.

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Re: Victoria strikes again!!

Post  Hammy on Wed 16 Sep 2015, 8:29 am

@madmax wrote:
@rolls wrote:Another queer as fuck law from Victoria. What about bluetooth units?

http://www.abc.net.au/news/2015-09-16/court-to-hear-legal-challenge-over-helmet-cameras/6778744

Not just happening in Victoria mate, there was a case of a NSW rider taking the same fine to court a few months ago. IIRC the police withdrew the case just before it went to court.

What I have heard recently is the cops will confiscate your camera, which may be your phone, if you are filming them when you are pulled over. You will lose your camera or phone for up to 28 days while they go over it for "evidence". Some recent videos of riders being pulled over show the cops have chest mounted video cameras attached to their vest. So it seems its ok for them to video you but not for you to video them.
Cops protecting themselves from disciplinary action if they over step the mark.

I'm pretty certain Max that you are entitled to video anything that is in a "public" area.  We had a customer here at the pub video an incident across the road involving police and ambos. ( had nothing to do with the pub ) The next day the police were looking for the person with the video as they wanted to check it to help them with a charge of rough conduct.

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Re: Victoria strikes again!!

Post  #Tag on Wed 16 Sep 2015, 9:35 am

Quote Madmax  "Some recent videos of riders being pulled over show the cops have chest mounted video cameras attached to their vest"

In NSW HP units have a dash cam which is automatically activated when the "red and blues" are turned on. The pick up attached to their vest is a sound pickup bluetoothed to the video.

Chook - Yep, interpretation is the key. When Victoria "outlawed" helmet cams Westoz HP motorcycle officers had helmet cams fitted on nearly the same date. As you know,  Vicpol is utterly draconian on its interpretations but other states seem to trying to catch up.

Edit - oops, I should read the links in other posts before replying, huh Razz

Rolls - Vicpol has also been issuing infringements for tinted visors which is also bogged down in a similar quagmire of ridiculous federal and state laws.


Last edited by #Tag on Wed 16 Sep 2015, 9:42 am; edited 1 time in total
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Re: Victoria strikes again!!

Post  madmax on Wed 16 Sep 2015, 9:41 am

@Hammy wrote:
@madmax wrote:
@rolls wrote:Another queer as fuck law from Victoria. What about bluetooth units?

http://www.abc.net.au/news/2015-09-16/court-to-hear-legal-challenge-over-helmet-cameras/6778744

Not just happening in Victoria mate, there was a case of a NSW rider taking the same fine to court a few months ago. IIRC the police withdrew the case just before it went to court.

What I have heard recently is the cops will confiscate your camera, which may be your phone, if you are filming them when you are pulled over. You will lose your camera or phone for up to 28 days while they go over it for "evidence". Some recent videos of riders being pulled over show the cops have chest mounted video cameras attached to their vest. So it seems its ok for them to video you but not for you to video them.
Cops protecting themselves from disciplinary action if they over step the mark.

I'm pretty certain Max that you are entitled to video anything that is in a "public" area.  We had a customer here at the pub video an incident across the road involving police and ambos. ( had nothing to do with the pub ) The next day the police were looking for the person with the video as they wanted to check it to help them with a charge of rough conduct.

I recently watched a video that was shot in Qld where the cop told the guy to turn the camera off and stop filming him. The guy of course refused. The cops proceeded to give the rider a hard time and detained him at the servo for nearly an hour while they went over the bike and check his license.

QLD police being wankers




As I said Cops will try anything, right or wrong



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Re: Victoria strikes again!!

Post  madmax on Wed 16 Sep 2015, 9:58 am


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Re: Victoria strikes again!!

Post  Chook on Wed 16 Sep 2015, 11:04 am

@Hammy wrote:You can see what is going to happen.  They will make it law that if you attach any devise to your helmet, it must be done by a certified installer. And the appropriate forms must be shown on request. More BS.
That sounds like a QLD way of thinking, the stuff you have to have a mod plate fitted to your vehicles up there is completely baffeling, the QLDers have created a whole new list of mod codes on top of the nationally recognised ones
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Re: Victoria strikes again!!

Post  madmax on Thu 17 Sep 2015, 8:51 am

And now a Victorian Magistrate has set the precedence Crying or Very sad

http://motorbikewriter.com/helmet-camera-deemed-illegal/

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Re: Victoria strikes again!!

Post  Hammy on Thu 17 Sep 2015, 9:03 am

This is obviously going to open up a HUGE can o worms.  If they ban gadgets from helmets, the MC fraternity will demand the same rule applies to cyclists. And as you have read the Qld Police commissioner has urged cyclists to use cameras as a safeguard.  Australia is OVER governed.  Mad

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Re: Victoria strikes again!!

Post  paul on Thu 17 Sep 2015, 9:27 am

Once again , the magistrate has demonstrated they don't live in the real world & need a huge injection of real life experiences before they hand down any more rulings !

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Re: Victoria strikes again!!

Post  madmax on Thu 17 Sep 2015, 9:35 am

Reading a bit further into it, its all ok as long as the mount is no more than 5mm.
As this ruling will apply to all attachments, it will make my new Sena 20S illegal as its mount is clamped on.
Slimline headsets such as the Sharktooth is about 12mm and the Sena SMH10R is 13mm.

As it stands I going to keep using the 20S and face the fine if and when it happens.

The cop that pulled me over on the way back from Parkes didn't even mention it.

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Re: Victoria strikes again!!

Post  Hammy on Thu 17 Sep 2015, 9:36 am

Could not agree more Paul.  Whatever happened to that simple world that I remember as a kid  ?

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Re: Victoria strikes again!!

Post  Hammy on Thu 17 Sep 2015, 9:38 am

But know that it has become a nationally aired topic watch out for all those gun ho cops that see it as an easy booking.   Evil or Very Mad

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Re: Victoria strikes again!!

Post  madmax on Thu 17 Sep 2015, 9:51 am

@Hammy wrote:But know that it has become a nationally aired topic watch out for all those gun ho cops that see it as an easy booking.   Evil or Very Mad

I'll make sure he is standing on my right if I get pulled over

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Re: Victoria strikes again!!

Post  Ewok1958 on Thu 17 Sep 2015, 11:04 am

When Victoria loses the MotoGP and WSBK races, the authorities should look back on this sort of shit and ask themselves what they should have done.
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Re: Victoria strikes again!!

Post  madmax on Thu 17 Sep 2015, 11:07 am

@Ewok1958 wrote:When Victoria loses the MotoGP and WSBK races, the authorities should look back on this sort of shit and ask themselves what they should have done.

The Authorities would be too stupid to recognise the connection

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Re: Victoria strikes again!!

Post  Ewok1958 on Thu 17 Sep 2015, 11:15 am

@madmax wrote:
@Ewok1958 wrote:When Victoria loses the MotoGP and WSBK races, the authorities should look back on this sort of shit and ask themselves what they should have done.

The Authorities would be too stupid to recognise the connection

Unfortunately MM, you are correct. Sad

We should all write to Lindsay Fox saying we're fed up and won't attend his racetrack.  He might be inclined to do something if he got enough letters.
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Re: Victoria strikes again!!

Post  #Tag on Thu 17 Sep 2015, 12:18 pm

He would be more inclined if people didn't actually turn up. I'm too much of a whore when it comes to my own pleasure and keep turning up instead of sticking to a principle and not turning up - as do you, you harlot!!
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Re: Victoria strikes again!!

Post  Ulsterkiwi on Thu 17 Sep 2015, 2:55 pm

don't you fellas have any actual crime over there that allows the cops the time to go chasing shadows and BS? I have to laugh every time someone whinges about the NZ police and how "draconian" they are. My usual response is to show them something like this story or tell them to watch The Force.

Have any of the bike organisations not taken some kind of legal action to find out exactly what the issue Vic and NSW have with helmet accessories? It has been reported here that cameras get pinged every time but not blue tooth communication devices. Why are they so nervous of cameras?

You have my sympathy boys, this kind of thing does nothing to improve my opinion of the federal/state system of government.

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Re: Victoria strikes again!!

Post  madmax on Thu 17 Sep 2015, 4:00 pm

@Ulsterkiwi wrote:Why are they so nervous of cameras?.

They don't want to get pinged while they are abusing Mr Joe Public during a traffic stop.

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Re: Victoria strikes again!!

Post  paul on Thu 17 Sep 2015, 6:59 pm

@Ulsterkiwi wrote:don't you fellas have any actual crime over there that allows the cops the time to go chasing shadows and BS? I have to laugh every time someone whinges about the NZ police and how "draconian" they are. My usual response is to show them something like this story or tell them to watch The Force.

Have any of the bike organisations not taken some kind of legal action to find out exactly what the issue Vic and NSW have with helmet accessories? It has been reported here that cameras get pinged every time but not blue tooth communication devices. Why are they so nervous of cameras?

You have my sympathy boys, this kind of thing does nothing to improve my opinion of the federal/state system of government.
Unfortunately , the lobby groups have very little impact here ...................except if you're a minority group it seems , & I'm afraid the perception of a motorcyclist has taken a beating to score brownie points for the Govt with the general public of late .I can understand why the police want to keep their anonymity in a way as far as cameras are concerned as that could be open for all sorts of abuse in the wrong hands ; but unfortunately some coppers hide behind any proof of their questionable actions by trying to say filming is illegal . Until we have common law between all states from the one governing body , it will always be a shit fight to get any common sense to prevail .

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Re: Victoria strikes again!!

Post  2wheelsagain on Thu 17 Sep 2015, 8:15 pm

I saw something written today that explains the magistrates ruling and understanding that. I formed the conclusion that he had no option to dismiss the appeal. 
I'll try to find it but it made sense. 
The guts of it is basically the GoPro mounts not the actual camera hanging off it.  It seems there are PoV cameras that are perfectly legal to have on your lid. They being Contour and Drift due to the 5mm or less height of the mounts.

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Re: Victoria strikes again!!

Post  madmax on Thu 17 Sep 2015, 9:05 pm

@2wheelsagain wrote:I saw something written today that explains the magistrates ruling and understanding that. I formed the conclusion that he had no option to dismiss the appeal. 
I'll try to find it but it made sense. 
The guts of it is basically the GoPro mounts not the actual camera hanging off it.  It seems there are PoV cameras that are perfectly legal to have on your lid. They being Contour and Drift due to the 5mm or less height of the mounts.
Yeah i saw something earlier about the mounts and it being 5mm. Apparently the 5mm ruling is in the manufacture of the helmet not for accessories. the magistrates using that to base his ruling on it.
The 5mm rule and his interpretation also rules out all types of bluetooth headsets.

I have also heard that the guy in the Frankston case had drilled holes into his helmet to attach the mount and was using 2 cameras. Nothing to confirm if this is true yet.

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