A sharp-eyed Take The Lane reader has noticed a problem with the online version of the Ontario Highway Traffic Act.
The Act, particularly, Section 104, Paragraph 2.1 as it now appears at www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK158
says, "No person shall ride on or operate a bicycle on a highway unless the
person is wearing a bicycle helmet that complies with the regulations
and the chin strap of the helmet is securely fastened under the chin.
1993, c. 18, s. 1."
You will notice right away that there is no qualifier for "person." The section should probably read, "No person under the age of 18 years..."
I called around to check, just in case someone was trying to slip through a regulation change without any fanfare. Pretty unlikely, but you can never be sure.
No dice. Those 18 and older still are not compelled by law to wear a bicycle helmet. Compelled by common sense, perhaps, but not by law.
I suspect that when the Ontario e-laws website was refreshed a couple of months ago, someone made an error. Or pranked the site. Or was indulging in wishful thinking.
Further to this: Thanks to Olaf Heinzel of Waterloo Regional Police for cutting through the fog of the Highway Traffic Act. The helmet law is covered under the Revised Regulations of Ontario, Regulation 610, Section 5, which states that,
"A person who is 18 years old or older is not required to comply with subsection 104 (2.1) of the Act."
Now, actually being able to find that regulation on the net is a bit of a challenge. The Ontario E-laws website could be a bit clearer, with a link from the HTA site to the Revised Regulations. Empower the people by giving them all the information, not just half of it.