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Exploiting the loophole in the helmet law...

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Cigaro
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PostPosted: 16:15 - 12 Mar 2008    Post subject: Exploiting the loophole in the helmet law... Reply with quote

Just a quick one - the helmet law says that a helmet that was legal at the time it was made will always be legal, correct?

So, what constitutes a helmet?

For instance, could I legally wear a 1940's bicycle helmet, as at the time there were no helmet laws and you would have been allowed to use it on a motorbike?

In fact, could I wear a 1940's beret, as that too was legal at the time?

Just curious like.

Cheers.
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Scouse
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PostPosted: 16:21 - 12 Mar 2008    Post subject: Reply with quote

Wear what you want. Just depends on how much you like your face.
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Cigaro
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PostPosted: 16:23 - 12 Mar 2008    Post subject: Reply with quote

I'm asking from a purely legal point of view. I wouldn't ever wear anything other than a properly-rated motorcycle helmet for riding anywhere I might encounter other traffic.
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colin1
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PostPosted: 16:29 - 12 Mar 2008    Post subject: Reply with quote

A policeman is not going to know the fine detail and wherther or not you are technically in the right.

Some people get away with army helmets which arent legal and arent gonna give much protection. They get away with it, because it looks a bit like a safety helmet, and only a copper who gives a shit would stop you.

However if you wear something that obviously isnt a helmet, like a a cycle helmet which is practically a hairnet, you are probably more likely to get stopped.

Even tho a modern bicycle helmet probably offers you more protection than an old army helmet, I bet you would get stopped sooner for one as it looks less like a motorbike safety helmet.

If you really wanted to ride around on roads where you thought there was no traffic, you would have as much chance of getting away with it as if you were speeding. Someone catches you, you are in trouble, if not, you are ok.

As they are more geared up for catchingt speeders, you might actually have a better chance of flouting the law by risking your life.

Not a fashion that I would like to catch on though.
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benvanwell
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PostPosted: 17:17 - 12 Mar 2008    Post subject: Reply with quote

Sikhs wearing turbans are exempt from wearing crash helmets under the Motor-Cycle Crash Helmets (Religious Exemption) Act 1976. If you get stopped because you are wearing a beret then just convince the officer that this is another form of religious clothing and as such falls within the same act...

doubt it would work but you never know
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Pete.
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PostPosted: 17:24 - 12 Mar 2008    Post subject: Reply with quote

If the law says that a helmet that was legal when new will always be legal, then how does that counterract the one that says you must always wear a helmet?
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Shoka
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PostPosted: 17:42 - 12 Mar 2008    Post subject: Reply with quote

I'd imagine it means any helmet that was legal once laws were in place.

I know before any laws on helmets were about wearing a beret wasn't illegal, but neither was it 'legal' as such, there just wasn't a law for it.

For example, if you wanted to wear a t-shirt while riding, then fine, that's okay from a legal standpoint (if a bit stupid to say the least), but if later on there was a law brought in to say you had to wear legal, approved motorcycle safety gear, then a t-shirt, despite once being 'legal' (if only as far as there wasn't a law saying otherwise) motorbike wear, would no longer be legal. That in my opinion would be fairly obvious. I think this helmet thing would fall under the same category.
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19van71
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PostPosted: 17:56 - 12 Mar 2008    Post subject: Reply with quote

benvanwell wrote:
Sikhs wearing turbans are exempt from wearing crash helmets under the Motor-Cycle Crash Helmets (Religious Exemption) Act 1976. If you get stopped because you are wearing a beret then just convince the officer that this is another form of religious clothing and as such falls within the same act...

doubt it would work but you never know

Make your self a paper-mache (Dunno if that's spelt rite?Wink ) turban! Very Happy
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Method
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PostPosted: 18:10 - 12 Mar 2008    Post subject: Reply with quote

Why on earth does it matter?
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colin1
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PostPosted: 18:12 - 12 Mar 2008    Post subject: Reply with quote

Maybe it has to be a helmet that met some prescribed legal requirement at some point.

So an old fashioned leather helmet wouldnt work as it was never made to meet a legal requirement.

You would need something that had met some legal requirement of the day.
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Cigaro
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PostPosted: 18:19 - 12 Mar 2008    Post subject: Reply with quote

Method wrote:
Why on earth does it matter?


Because I want to ride around with an upside-down pisspot on my head just to get on everyone's tits, that's why.

Laughing
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Pete.
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PostPosted: 18:32 - 12 Mar 2008    Post subject: Reply with quote

Crack-on mate but make sure you empty the pisspot first. If you don't you'll get both pissed-on and pissed-off at the same time Very Happy
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T.C
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PostPosted: 20:54 - 12 Mar 2008    Post subject: Re: Exploiting the loophole in the helmet law... Reply with quote

TheBassJunky wrote:
Just a quick one - the helmet law says that a helmet that was legal at the time it was made will always be legal, correct?

So, what constitutes a helmet?

For instance, could I legally wear a 1940's bicycle helmet, as at the time there were no helmet laws and you would have been allowed to use it on a motorbike?

In fact, could I wear a 1940's beret, as that too was legal at the time?

Just curious like.

Cheers.


You are allowed to wear a helmet that was legal at the time of its production, but it must be recognised and intended for use only as a motorcycle helmet.

So your beret theory goes out of the winow as it was never designed or intended as a motorcycle helmet, same as a 1940's bicycle helmet.

But the old pudding basin helmets with the webbing and cork inners will be legal!!
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pyx_e
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PostPosted: 20:56 - 12 Mar 2008    Post subject: Reply with quote

TheBassJunky wrote:
Method wrote:
Why on earth does it matter?


Because I want to ride around with an upside-down pisspot on my head just to get on everyone's tits, that's why.

Laughing


You will not get on my tits, I will remain po-faced.

P
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riichy
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PostPosted: 21:00 - 12 Mar 2008    Post subject: Reply with quote

Scouse wrote:
Wear what you want. Just depends on how much you like your face.



Laughing

i think you would still get pulled every 5 mins not worth it. Thumbs Up
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Kickstart
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PostPosted: 21:10 - 12 Mar 2008    Post subject: Reply with quote

Hi

Afraid it isn't a loophole.

https://www.opsi.gov.uk/si/si1998/19981807.htm

Quote:

"protective headgear" means a helmet which -

(a) either -

(i) bears a marking applied by its manufacturer indicating compliance with the specifications contained in one of the British Standards (whether or not as modified by any amendment) mentioned in Schedule 2 to these Regulations; or

(ii) is of a type manufactured for use by persons on motor cycles which by virtue of its shape, material and construction could reasonably be expected to afford to the wearer a degree of protection from accidental injury similar to or greater than that provided by a helmet of a type prescribed by regulation 5;


and

Quote:

Prescribed types of recommended helmet
5. - (1) The types of helmet hereby prescribed as types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of an accident are helmets which as regards their shape, construction and other qualities conform -

(a) with British Standard 6658:1985 as amended by Amendment Slip number 1 published on 28th February 1986 and are marked with the number of that standard, or

(b) with any other standard accepted by an EEA State which offers in use equivalent levels of safety, suitability and fitness for purpose and are marked with a mark to indicate that standard,

and in either case are marked with an approved certification mark of an approved body (whether or not they are required to be so marked by the standard in point).


(2) For the purposes of this regulation -

(a) an approved certification mark is -

(i) the certification mark of the British Standards Institution; or

(ii) a certification mark which indicates that a conformity assessment equivalent to that of the British Standards Institution has been undertaken, and


(b) an approved body is -

(i) the British Standards Institution; or

(ii) any body approved by an EEA State to undertake conformity assessments equivalent to those undertaken by the British Standards Institution.


So an army surplus metal helmet would not be legal (and hasn't been legal probably since helmets became compulsory).

All the best

Keith
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Ariel Badger
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PostPosted: 21:30 - 12 Mar 2008    Post subject: Reply with quote

Thanks Kieth, you saved me the trouble.
It has to have a BS mark to be legal
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R4nger
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PostPosted: 22:42 - 12 Mar 2008    Post subject: Reply with quote

You can buy the BS stickers for your helmets so what does it matter?
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Lone-Wolf
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PostPosted: 00:12 - 13 Mar 2008    Post subject: Reply with quote

TheBassJunky wrote:
Method wrote:
Why on earth does it matter?


Because I want to ride around with an upside-down pisspot on my head just to get on everyone's tits, that's why.

Laughing


Wotcha.

May I recommend one of THESE ?
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colin1
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PostPosted: 03:38 - 13 Mar 2008    Post subject: Reply with quote

Fortunately, I don't think thats a style that will catch on.

Helmets are a good idea guys, no really, they are.
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Method
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PostPosted: 10:44 - 13 Mar 2008    Post subject: Reply with quote

TheBassJunky wrote:
Method wrote:
Why on earth does it matter?


Because I want to ride around with an upside-down pisspot on my head just to get on everyone's tits, that's why.

Laughing

People like you bore me...
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Cigaro
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PostPosted: 11:58 - 13 Mar 2008    Post subject: Reply with quote

Method wrote:
People like you bore me...


Thank you, you've made my day Laughing

The fact is, it should be up to me what I put on my head. So I just want to know exactly how far I can push it.

Helmets are a bloody good idea, but no-one should be forced to wear one, in my opinion.
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quacker_boy
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PostPosted: 12:04 - 13 Mar 2008    Post subject: Reply with quote

colin1 wrote:
Helmets are a good idea guys, no really, they are.


I've ridden my dad's XR400 a couple of times OFF road wearing nothing on my bonce except a pair of Oakleys. Yes, it did look cool as fuck. Yes, it was stupid because i could of broken my neck.

But there really is no other feeling like hearing a 400 single pot four stroke chugging away between your legs on your bare ears and the wind rushing through your hair as your kick the tail out and spray a rooster tail up. Drooling

Would i ever ride on the road with no helmet? Narp.
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andrew
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PostPosted: 12:05 - 13 Mar 2008    Post subject: Reply with quote

quacker_boy wrote:
colin1 wrote:
Helmets are a good idea guys, no really, they are.


I've ridden my dad's XR400 a couple of times OFF road wearing nothing on my bonce except a pair of Oakleys. Yes, it did look cool as fuck. Yes, it was stupid because i could of broken my neck.

But there really is no other feeling like hearing a 400 single pot four stroke chugging away between your legs on your bare ears and the wind rushing through your hair as your kick the tail out and spray a rooster tail up. Drooling

Would i ever ride on the road with no helmet? Narp.


How is a bike helmet gonna stop you breaking your neck?
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Nebzor
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PostPosted: 12:30 - 13 Mar 2008    Post subject: Reply with quote

TheBassJunky wrote:
Helmets are a bloody good idea, but no-one should be forced to wear one, in my opinion.


Unfortunately for you, it's not your decision. Sad
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