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Discussion Starter #1
I came back from my recent ride thinking it would be really coolto get a helmet cam for future trips, but a friend of mine said he thought they were illegal. Does anyone know anything about this? Where would l go to find out the legalities of it in my state? Discuss...
 

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Video Recording
Most video recordings are legal with or without consent.
There are very few laws which prohibit video recording of any kind, but there are laws in some areas dealing with areas of expected privacy. These include areas such as bathrooms, locker rooms, changing/dressing rooms, adult bedrooms, and other areas where a person should expect a high level of personal privacy.
The majority of the laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved.
So far, in some cases the courts have allowed video recordings of nannies, elder care employees, and other types of video recordings made with covert cameras without the subjects consent.

Audio Recording
Most audio recordings without consent of one or all parties are illegal.
Recording audio is very different from video, there are definite federal and state laws prohibiting surreptitious recording and monitoring of audio conversations. These laws are taken very seriously by authorities and failure to abide by them could result in severe consequences.
There are two types of defined recording situations for audio recording. They are usually referred to as "One Party Consent" and "Two Party Consent".

"One Party Consent" means that only the person doing the recording has to give consent and does not have to notify the other party or parties that the conversation is being recorded.

"Two Party Consent" means the person recording the conversation must notify all of the other parties that the recording is taking place and they must consent to the recording.

Washington state has audio recording laws that require Two Party Consent.

Found that by searching Google "video recording laws in Washington state"

From what I understand, Montana has the same laws. But I think that a helmet cam/gopro (obviously used for capturing footage of a ride) would fall into the category of videography (not for spying or entrapment) and could legally be argued as such. I use mine all the time and it records audio but I don't have much audio interaction with many people and if I do its prob a friend of mine who doesn't care.

So if you get hit by a car and then get into an argument with the driver....delete the audio file before you bring it forth as evidence!!:biggrin:
 

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I got a camera I run all the time because of an idiot, she lied long story but, you buy a camera get plenty of battery and memory so you can record it all. Only problem I had was I leave the camera on my helmet at work on top of my cubicle and people flip out worrying about it.
 

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I heard of a locality recently that outlawed filming police officers from within twenty feet.
Not sure where, but best to check with the towns along your route.
I've checked with the State Police in NY for specific riding related questions I've had.
 

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Discussion Starter #7
It wasn't the act of filming that my friend said was illegal, it was having the camera itself protruding out from the helmet. I thought it was the craziest thing l had ever heard
 

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It wasn't the act of filming that my friend said was illegal, it was having the camera itself protruding out from the helmet. I thought it was the craziest thing l had ever heard
possibly something to do with the helmet laws? Is it possible that there are prohibitions on "modifying DOT approved helmets" Maybe adding a camera mount could fall into "modifying."
Who knows??
 

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I came back from my recent ride thinking it would be really coolto get a helmet cam for future trips, but a friend of mine said he thought they were illegal. Does anyone know anything about this? Where would l go to find out the legalities of it in my state? Discuss...
While I can't find anything about anyone in the states really getting in trouble for it, I see under the federal safety helmet law 49 CFR Sec. 571.218 where it says:

(3) “Make no modifications. Fasten helmet securely. If helmet experiences a severe blow, return it to the manufacturer for inspection, or destroy it and replace it."

and there is also a section that states:

S5.5 Projections: "A helmet shall not have any rigid projections inside its shell. Rigid projections outside any helmet's shell shall be limited to those required for operation of essential accessories, and shall not protrude more than 0.20 inch (5 mm)."

So, it kind of is there, so if you want a camera you could always mount it to the bike to be safe.

I've seen things about people getting in trouble in Australia for it being on their helmet. As for the recording in public part those and the one consent/two consent laws. You can record in a public place where no reasonable expectation can be found that the conversation would be private. It is always smart that if someone comes up you automatically tell them you are recording, but again public places is a strong argument.

As for cops, they are government officials, therefore you are protected by your first amendment while they are talking to you. What this means is that while in a public location (not in a police station or other government or privately owned building) a cop cannot make you stop recording. They can ask and you can refuse. They also can't take your property without a warrant, unless it was being used in a crime, but they still can't view, download, or erase anything without a warrant. This includes video and audio regardless of state.
 

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This question, falls into the category of a "gray area." It's not so much about what you CAN do with a video camera, as much as what you do with the content after the fact.

Reminds me of when I bought my Jeep Wrangler. The question came up: suppose I take my doors off and ride without side mirrors (the side mirrors are bracketed to the doors on the newer models). Is it still "legal" to ride without side mirrors.

Answer: Depends on who you ask

I talked to the Rep of the State Police, and he said "no," but with a qualifier that "we typically don't stop someone WITHOUT their side mirrors because of the nature of the vehicle." (Translation: we know that Jeeps often run without doors and it isn't productive for us to chase them.")

I went out and bought bolt-on side mirrors that would fit on the door brackets, when the doors were removed.

I do a lot of video filming generally, and much of it ends up on YouTube. The question is not, "is it ok to film," but more correctly it's: what is "ok" to publish."

The trick is, to start the Go Pro and leave it alone until you are stopped (or "done riding"). I'd not recommend giving any time to fiddling with it while riding. Editing is (and should be) done after you are completely stopped.

For the record, in case you were not aware (but you probably are) there are a TON of videos created by folks on bikes, on Youtube and other similar services. I'd say it's fine to use one, based on the lack of any significantly known legal retribution for the presence of a Go Pro on a bike or biker.

Is it "technically" legal or not? I dunno.

-Soupy
 

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Although the Helmet makes a great mount for POV videos, it is not safe. The design of the EPS protection is to spread impact over a large area. This is what keeps something (your skull) from busting open in a crash.

When you mount it to your helmet you reduce the impact zone to the area of the mount, which is about 1" x 1" in the basic GoPro Mounting situation. I personally wouldn't even recommend the Chesty for riding. Put it on the front windshield or a similar space.
 

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This question, falls into the category of a "gray area." It's not so much about what you CAN do with a video camera, as much as what you do with the content after the fact.

Reminds me of when I bought my Jeep Wrangler. The question came up: suppose I take my doors off and ride without side mirrors (the side mirrors are bracketed to the doors on the newer models). Is it still "legal" to ride without side mirrors.

Answer: Depends on who you ask

I talked to the Rep of the State Police, and he said "no," but with a qualifier that "we typically don't stop someone WITHOUT their side mirrors because of the nature of the vehicle." (Translation: we know that Jeeps often run without doors and it isn't productive for us to chase them.")

I went out and bought bolt-on side mirrors that would fit on the door brackets, when the doors were removed.

I do a lot of video filming generally, and much of it ends up on YouTube. The question is not, "is it ok to film," but more correctly it's: what is "ok" to publish."

The trick is, to start the Go Pro and leave it alone until you are stopped (or "done riding"). I'd not recommend giving any time to fiddling with it while riding. Editing is (and should be) done after you are completely stopped.


For the record, in case you were not aware (but you probably are) there are a TON of videos created by folks on bikes, on Youtube and other similar services. I'd say it's fine to use one, based on the lack of any significantly known legal retribution for the presence of a Go Pro on a bike or biker.

Is it "technically" legal or not? I dunno.

-Soupy
Zzzactly!
 

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ONE lap, just ONE LAP at Isle of Man -- from a GoPro.

It'll make yer head spin...

OF COURSE go directly to Youtube and watch it full screen....17 minutes but even 2-3 will get wear you out just from watching...

 

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When you mount it to your helmet you reduce the impact zone to the area of the mount, which is about 1" x 1" in the basic GoPro Mounting situation.
It was a Go-Pro mounted on his helmet which damaged Michael Schumacker's brain when he fell while ski-ing and his helmet hit a rock.

I mount my camera on the windscreen.
 

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Discussion Starter #16
Yeah, l thought of mounting it to the front of the bike, but then you can only tape what is directly ahead; you never get a shot of the awesome waterfall or the cool rock wall as you ride on through
 

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I have a Gopro mount on the top of my helmet, I'm going to move it to the side of the helmet (less bugs).

GoPro, GPS, car tire on the rear, dual sport rear tire on the front, spare gasoline and 1500 mile days.
What could go wrong?:biggrin:



 

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and 1500 mile days.
What could go wrong?:biggrin:
Not trying to take anything away from this amazing endeavor but can't quite comprehend 1500 mile days even being possible. Typo?

At any rate, best of luck to you. You are accomplishing something most can only dream of. :)
 
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