Motorbike helmet camera debate making riders’ heads hurt

THEY are two fast growing trends — riding motorbikes and videoing with small action cameras.

But now a high-level legal battle is looming over the right of motorcycle and scooter users to combine the two by video recording their journeys for enjoyment and safety.

At the heart of the issue — affecting 700,000 licensed two-wheeled riders — is Australian safety standards which have not kept pace with technological changes.

The spark for the fire was a magistrate’s decision this week to ban the use of cameras on helmets for safety reasons.

But the case could be taken to the Supreme Court.

On Wednesday biker Max Lichenbaum was fined $150 by a magistrate in Frankston, Victoria, for wearing an action camera on his helmet.

No conviction was recorded but the magistrate had first considered a fine of $289.

Mr Lichenbaum, a middle-aged rider, is considering taking the case to the Victorian Supreme Court and has the backing of the Independent Riders’ Group (IRG).

The offence cited in the Magistrates Court was a breach of Victorian helmet standards, but IRG spokesman Damien Codognotto said today “helmet standards are a mess in this country”.

And Mr Lichenbaum’s legal team have told him they could not get public access to those standards set by VicRoads.

“The (Australian Design Rule) has been a real mess in recent years,” Mr Codognotto told news.com.au today.

Helmet-mounted video cameras are used by motorcycle police in Queensland and Western Australia and for many private riders they are a source of enjoyment and legal self protection.

The problem is that while they might be allowed in many states, they might not be legal, and the concern is court action might be needed to resolve the issue.

The recordings can be used should a rider be hit by a motorist in what are called cases of SMIDSY — Sorry Mate I Didn’t See You.

“At a time when motorcycle helmet standards are again under review, we find that not only are our helmets illegal as we ride from state to state ... but it appears that in Victoria at least, it is also illegal to use an aid that can significantly assist in ‘witnessing’ traffic incidents involving other vehicles, particularly when a solo rider,” said an IRG member and blogger Cate.

She wrote: “There is overwhelming evidence, particularly overseas, and anecdotally in Australia, of the benefits of riders of motorcycles, scooters, and bicycles, wearing helmet camera’s, as not only documentary evidence of incidents involving other vehicles, but as a deterrent of victimisation from other vehicle drivers.”