For some, the circulation and data protection regulations are emphatic in this regard: it is not legal to wear a camera on your motorcycle helmet . On the contrary, others do not see it so clearly ... We try to explain it to you. Keep reading!
For years, the camera in the motorcycle helmet has become a widely used resource for recording routes or participation in motor racing competitions. Recordings, by the way, that are sometimes shared between the motorists themselves or published on web pages and social networks.
Well, the use of the so-called sports or action cameras raises many doubts as a result of the sanctions imposed on some users. Why is something apparently harmless a reason for sanction? From the AMV motorcycle and quad blog we try to give you the answer. Take note!
Sports cameras: wide and varied offer
It is enough to carry out a search on the Internet to verify that there is a wide and varied offer of motorcycle cameras on the market. And with prices for all budgets. We are talking about devices that are usually placed on the helmet or on the chest. But there are also those who place them on the front of the motorcycle, the rear tail, the side fairing ...
In any case, we are talking about action cameras that allow you to make high-quality recordings. Some of them have 4K Ultra HD technology, 1080p image quality, up to 120 frames per second, voice control, Wi-Fi, stabilizer ... A real marvel!
Penalties for using sports cameras
In short, sports cameras are digital devices that make it easy to record videos or take pictures while an action is being carried out - for example, as we have mentioned before, a motorcycle route. And they can be easily purchased in stores specialized in computer and electronic products, as well as in e-commerce portals .
Being within the reach of users, it is not surprising that many of them acquire action cameras to record their activities! In fact, they have become inseparable companions of motorcyclists, cyclists, surfers, skiers, hikers or even musicians.
But with regard to the camera in the motorcycle helmet , from time to time reports of complaints to motorists who use this type of device are published. A few months ago, the web pages of the motorcycle world and social networks echoed the sanction imposed on a motorcyclist for the following fact:
The driver of the vehicle does not use the corresponding approved or certified protection helmet properly. Camera attached to the helmet. Helmet not approved to carry the modification attached.
The complaint reflected a fine of 200 euros and the withdrawal of 3 points from the driver's license. The sanction raised doubts in the group of motorcyclists. And many of them asked the question that heads this post: is it legal to wear a sports camera on your motorcycle helmet?
What does the General Traffic Regulation say?
To answer this question, the first document that we must consult is the General Traffic Regulations . As we explained in the article Types of helmet for riding a motorcycle: which one to choose? , said rule makes it clear that:
Drivers and passengers of motorcycles or motorcycles with sidecars, tricycles and quadricycles, mopeds and quad bikes must properly use approved or certified protective helmets when traveling on urban and interurban roads.
Regarding the homologations of motorcycle helmets, there are several:
Traditionally, in Europe, Regulation number 22 on uniform prescriptions regarding the approval of protective helmets for drivers and passengers of motorcycles and mopeds has been taken as a reference .
Currently, the reference standard for the homologation of motorcycle helmets is the new ECE 22.06. Based on it, manufacturers carry out numerous tests to measure the safety level of the products they are going to sell: from checking the resistance of a screen to verifying the effectiveness of the retention system, through the rigidity of the outer shell or absorption of impacts.
And other approvals to consider are the US DOT and Snell from the Department of Transportation and the Snell Foundation , respectively, or the Japanese JIS.
Nowadays, the homologation tests do not contemplate tests of helmets with cameras installed, something that could change in a couple of years.
Until then, if the traffic officers notice that a motorcyclist uses a camera in the motorcycle helmet , they can interpret that the latter has not been approved to wear said device or that the camera could alter some characteristics of the helmet.
Consequently, they will denounce the offender, who, as seen in the previous section, will have had to face the payment of a fine and the withdrawal of 3 points from the driving license - in 2021, the deduction will be 4 points after approval of a package of legal reforms to reduce traffic accidents.
Personal data protection regulations
Similarly, the Law on Protection of Personal Data and Guarantee of Digital Rights would affect the use of a camera in the motorcycle helmet . And this is so because, when recording a video or taking photographs with the device on public roads, the files obtained may show, for example, people who have not given their consent to appear in the images obtained.
Regarding consent, article 6 ( Treatment based on the consent of the affected party ) of the aforementioned law observes the following:
Consent of the affected party is understood to be any manifestation of free, specific, informed and unequivocal will by which he accepts, either through a declaration or a clear affirmative action, the processing of personal data that concerns him.
In short, citizens have the right not to be recorded or photographed. And that, without your consent, the images in which they appear are not published or viewed by third parties.
Camera in the motorcycle helmet: a delicate matter
Therefore, the use of a camera in the motorcycle helmet gives rise to numerous interpretations. Thus, while some members of the Security Forces and Bodies seem to be clear that its use represents an infraction, others believe that the installation of a camera does not modify the structural integrity of a helmet and that, therefore, it should not entail a sanction. .
And with regard to the personal data protection regulations, there are those who argue that, in accordance with the provisions of article 2.2 of the General Data Protection Regulation , what is recorded or photographed by the camera of a motorcycle helmet should be kept at margin of the regulations “as it is a personal or domestic activity”.
The debate, then, is served. To what extent does a camera affect the approval of a helmet? What use can be made of the images obtained by this type of device? Undoubtedly, a more explicit wording of the regulations would help users to be clearer if it is legal to wear a camera on a motorcycle helmet .
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