Motorcycle Helmet Laws In Ontario: What Riders Need Know

In Canada, all provinces have motorcycle helmet laws that require both drivers and passengers to wear them while riding. However, in 2020, Ontario's provincial government repealed the helmet law, stating that Motorcycle operators aged 21 and older, who hold an M operator’s licence, will no longer be required to wear protective helmets on public highways in Ontario. This has sparked debate, with some citing safety concerns and others arguing for personal freedom. The law in Ontario now states that only certain riders are exempt from wearing a helmet, which has raised questions about liability in the event of an accident.

Ontario's helmet law reversal

In Ontario, Canada, it is a legal requirement for both drivers and passengers to wear a helmet when riding a motorcycle or moped. The helmet must be approved, with a strong chin strap and fastener, and in good condition. However, in 2020, there was an announcement by the Ontario government of a repeal of the provincial helmet law.

The new amendment to the law stated that "Motorcycle operators aged 21 and older, who hold an M operator's licence, will no longer be required to wear protective helmets on public highways in Ontario." This change in legislation came as a surprise to many, as it had been a long-standing law that most agreed was sensible, especially considering the safety benefits of wearing a helmet. The announcement was made by Premier Doug Ford, who himself does not like wearing a motorcycle helmet.

Prior to this, Ford had already changed the law to allow Sikhs to ride without helmets, a move that was seen by some as identity politics and inconsistent with his usual political stance. This religious exemption was also granted in other provinces such as Alberta and British Columbia. Following this change, there were calls for the exemption to be extended to all riders, as it was felt that the government's argument of "personal accountability and responsibility" should apply to everyone, not just Sikhs.

The reversal of the helmet law in Ontario has sparked debate, with some questioning the timing of the announcement, which coincided with the COVID-19 pandemic, and others discussing the implications for rider safety and insurance liability. While some celebrate the increased freedom, others worry about the potential consequences of riding without a helmet.

Helmet exemptions for Sikhs

In Ontario, Canada, an exemption to the mandatory motorcycle helmet law applies to Sikh riders who meet the requirements of the Highway Traffic Act. The exemption was announced in 2018 and came into effect on October 18 that year.

The exemption was granted in recognition of the civil rights and religious expression of Sikh motorcycle riders. The wearing of the turban is an essential part of the Sikh faith and identity, and it is not possible to wear a motorcycle helmet and a turban simultaneously.

The Ontario government's decision to allow the exemption was met with criticism from some, who cited road safety concerns. Raynald Marchand, an expert in motorcycle safety and general manager of programs at the Canada Safety Council, expressed disappointment at the decision, stating that riders who choose to forgo helmets will be at a higher risk of injury in the event of an accident.

It is important to note that the helmet exemption in Ontario is not absolute and is subject to specific legal requirements. Riders must meet the criteria outlined in the Highway Traffic Act to qualify for the exemption. Additionally, the exemption applies only to a specific portion of riders on the road, and it does not excuse other riders from complying with the mandatory helmet law.

The impact of the exemption on insurance rates and liability assessments in the event of accidents has also been a subject of discussion. While some have argued that insurance companies should not be allowed to rate based on riders' helmet usage, others have questioned whether the increased risk will be spread among the motoring public or reflected in premiums.

Helmet safety standards

In Canada, helmet laws are stipulated by the province or territory. Usually, they only require that a helmet meet one of the DOT, Snell, or ECE ratings. In many cases, older certifications like Snell M2005, BSI, and CSA are also legally acceptable.

The DOT certification is the "normal" safety standard a helmet must pass to be accepted in the market. It is the most common and well-known standard. ECE, on the other hand, is the universal requirement for Europe and is the most commonly used standard worldwide. Over 50 countries have it as their benchmark. Snell is considered to have the highest standards in motorcycle safety, and many race tracks and organizations require a Snell rating.

In Ontario, Canada, the law requires drivers and passengers to wear approved helmets with the chin strap securely fastened every time they drive a motorcycle or moped. An approved helmet meets the standards approved for use in Ontario. It must have a strong chin strap and fastener and be in good condition. A full-face helmet offers the best protection and the most comfort. A helmet with bright colors and reflective devices may make the rider more visible to other drivers.

In 2020, the Ontario government repealed the provincial helmet law. The new amendment states that "Motorcycle operators aged 21 and older, who hold an M operator’s licence, will no longer be required to wear protective helmets on public highways in Ontario."

Helmet requirements for passengers

In Ontario, Canada, motorcycle helmets are required by law for both drivers and passengers. The Highway Traffic Act requires that riders and their passengers wear approved helmets with securely fastened chin straps. The chin strap must be strong, and the helmet must be in good condition and well-constructed with protective features.

There are several recognised standards for helmets in Ontario, including the Canadian Standards Association, the Snell Memorial Foundation, the British Standards Institute, the United States Department of Transportation, and the United Nations Economic Commission for Europe. The European standard, ECE 22.05, was added to the list of recognised standards in 2012. This standard includes mandatory batch testing of helmets to ensure quality and safety for the rider.

It is important to note that there are some exemptions to the mandatory helmet law in Ontario. Bona fide members of the Sikh religion who wear a turban are exempt from the law, as well as riders in a legally authorised parade. However, for those who do not qualify for an exemption, it is essential to wear a helmet to comply with the law and, more importantly, to protect oneself from serious head injuries.

While the law requires the wearing of helmets, it does not specify the type of helmet to be worn. It is recommended to choose a full-face helmet, as it offers the best protection and the most comfort. Additionally, selecting a helmet with bright colours and reflective devices can increase visibility to other drivers, further enhancing safety.

In conclusion, when riding a motorcycle in Ontario, Canada, it is crucial for both the driver and the passenger to wear approved helmets to ensure compliance with the law and to maximise safety on the road.

Helmet non-compliance fines

In Ontario, Canada, motorcycle helmets are required by law. The law states that both drivers and passengers must wear approved helmets with securely fastened chin straps while riding a motorcycle or moped. This law aims to minimise the risk and severity of head injuries in the event of accidents.

While the law previously required all riders to wear helmets, recent amendments have relaxed this rule. Now, motorcycle operators aged 21 and older with an M operator's licence are exempt from the mandatory helmet requirement on public highways in Ontario. Additionally, adult members of the Sikh religion who wear a turban are also exempt from the helmet requirement.

It is important to note that failure to comply with the helmet law can result in legal consequences, including fines and penalties. While the specific fine amounts for helmet non-compliance in Ontario are not publicly available, violating road safety laws can lead to significant financial penalties.

In other provinces of Canada, such as Nova Scotia, failing to wear a helmet can have implications in personal injury cases. If an accident occurs, a court may determine that the motorcyclist is partially liable for their injuries if they were not wearing a helmet, which could reduce the damages awarded.

To avoid fines and legal consequences, it is crucial for motorcycle riders in Ontario to comply with the helmet law and ensure that they wear approved helmets with securely fastened chin straps at all times when operating a motorcycle or moped.

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