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Ontario Highway Traffic Act

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need to remove helmet?
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PostPosted: Sun Apr 03, 2016 8:45 pm 
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Hello,

just wondering, if getting a speeding ticket in Toronto while riding a motorcycle....does the rider need to remove their helmet in order for the police officer to issue a ticket?

in other words, does the police officer have to identify the rider/driver before a ticket can be issued? or does the police officer only need the driver's license to give a ticket?

please advise, thank you


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Re: need to remove helmet?
PostPosted: Sun Apr 03, 2016 9:14 pm 
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A couple of points: 1- If the officer is satisfied that the driver and the photograph are the same person, there's no need to remove the helmet, but it's polite to do so.
2- The officer can actually order you to remove it because they can inspect it by law.
3- It would be pretty silly to offer a drivers licence to the officer that doesn't have your photograph on it. Your speeding ticket would be the least of your worries.


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Re: need to remove helmet?
PostPosted: Mon Apr 04, 2016 11:04 pm 
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hi, thanks for responding...still a little confused, hope you can clarify...

I was stopped for speeding and issued a ticket, however I did not remove my helmet during the whole time I was pulled over...
I wasn't trying to be difficult or impolite, it just didn't occur to me at the time to take off my helmet...and the officer never asked me to take it off.

now I'm not sure what proper procedures an officer has to follow, in order to issue a ticket.
so just wondering, does an officer have to identify the rider/driver is the same person as the photograph in the driver's license in order to issue a ticket?
(and of course, my driver's license does have my photo :)

you had mentioned that "If the officer is satisfied that the driver and the photograph are the same person, there's no need to remove the helmet.."
but, I'm wondering how would they be 'satisfied' that the rider and the photograph are the same person, if I never removed my helmet?

thanks again for responding, hope you can clarify...court date is coming soon and I just want to know if it'd be possible that the ticket would dropped on such a technicality.


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Re: need to remove helmet?
PostPosted: Fri Apr 08, 2016 12:19 pm 
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Did you have your visor up or down? Maybe having the face shield up was sufficient for the officer to identify you to his/her satisfaction.

Yes, you are correct, at the time of the stop, the officer is required to establish identity of the driver. If this was not done, it is something you can argue in court since this is one of most important elements crown needs to establish in order to secure a conviction.


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This topic is locked, you cannot edit posts or make further replies. Motorcyclists to wear helmet Section 104

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