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Highway Traffic Act

R.R.O. 1990, REGULATION 610

SAFETY HELMETS

Consolidation Period:  From October 18, 2018 to the e-Laws currency date.

Last amendment: 446/18.

Legislative History: 411/95, 38/03, 405/09, 101/12, 102/12, 446/18.

This is the English version of a bilingual regulation.

1. A helmet worn by a person,

(a) riding on or operating a motorcycle; or

(b) operating a motor assisted bicycle,

on a highway shall,

(c) have a hard, smooth outer shell lined with protective padding material or fitted with other energy absorbing material and shall be strongly attached to a strap designed to be fastened under the chin of the wearer; and

(d) be undamaged from use or misuse.  R.R.O. 1990, Reg. 610, s. 1.

2. The helmet referred to in section 1 shall conform to the requirements of the,

(a) Canadian Standards Association Standard D230 Safety Helmets for Motorcycle Riders and shall bear the monogram of the Canadian Standards Association Testing Laboratories;

(b) Snell Memorial Foundation and shall have affixed thereto the certificate of the Snell Memorial Foundation;

(c) British Standards Institute and shall have affixed thereto the certificate of the British Standards Institute;

(d) United States of America Federal Motor Vehicle Safety Standard 218 and shall bear the symbol DOT constituting the manufacturer’s certification of compliance with the standard; or

(e) United Nations Economic Commission for Europe Regulation No. 22, “Uniform Provisions Concerning the Approval of Protective Helmets and of Their Visors for Drivers and Passengers of Motor Cycles and Mopeds”, and shall have affixed thereto the required international approval mark.  R.R.O. 1990, Reg. 610, s. 2; O. Reg. 102/12, s. 1.

3. A helmet worn by a person operating or riding a bicycle on a highway shall,

(a) have a smooth outer surface, be constructed so that the helmet is capable of absorbing energy on impact and be strongly attached to a strap designed to be fastened under the chin of the wearer; and

(b) be undamaged from use or misuse.  O. Reg. 411/95, s. 1.

4. (1) The helmet referred to in section 3 shall conform to the requirements of one or more of the following standards:

1. Canadian Standards Association CAN/CSA D113.2-M89 (Cycling Helmets).

2. Snell Memorial Foundation B-95 (1995 Standard for Protective Headgear for Use with Bicycles).

3. Snell Memorial Foundation B-90 (1990 Standard for Protective Headgear for Use in Bicycling).

4. Snell Memorial Foundation B-90S (1994 Supplementary Standard for Protective Headgear for Use with Bicycles).

5. American National Standards Institute ANSI Z90.4-1984 (American National Standard for Protective Headgear for Bicyclists).

6. American Society for Testing and Materials ASTM F1447-94 (Standard Specification for Protective Headgear Used in Bicycling).

7. British Standards Institute BS 6863:1989 (British Standard Specification for Pedal Cyclists’ Helmets).

8. Standards Association of Australia AS 2063.2-1990 (Part 2: Helmets for Pedal Cyclists).

9. Snell Memorial Foundation N-94 (1994 Standard for Protective Headgear: for Use in Non-Motorized Sports).

10. United States Consumer Product Safety Commission (CPSC) 16 CFR Part 1203 Safety Standards for Bicycle Helmets.  O. Reg. 411/95, s. 1; O. Reg. 38/03, s. 1 (1).

(2) The helmet shall bear the mark of the standards authority or the mark of the manufacturer showing that the helmet meets the prescribed standard.  O. Reg. 411/95, s. 1.

(3) A reference to a standard in subsection (1) includes any amendments made to the standard, whether made before or after February 11, 2003.  O. Reg. 38/03, s. 1 (2).

5. A person who is 18 years old or older is not required to comply with subsection 104 (2.1) of the Act.  O. Reg. 411/95, s. 1.

6. (1) A person who is driving a motorcycle or a motor assisted bicycle is not required to comply with subsection 104 (1) of the Act if the person,

(a) holds a valid Class M1, M2 or M driver’s licence;

(b) is 18 years old or older;

(c) practises the Sikh religion;

(d) has unshorn hair; and

(e) habitually wears a turban and, at the time of driving, is wearing a turban. O. Reg. 446/18, s. 1.

(2) A person who is a passenger on a motorcycle or a motor assisted bicycle is not required to comply with subsection 104 (1) of the Act if the person,

(a) is 18 years old or older;

(b) practises the Sikh religion;

(c) has unshorn hair; and

(d) habitually wears a turban and, at the time of being a passenger, is wearing a turban. O. Reg. 446/18, s. 1.

 

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