The following article brings up an interesting point.
Not many will argue that wearing a helmet offers a degree of safety in a crash but who makes the decision to wear one, you or big brother??
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N.S. cyclist ponders helmet appeal
Provincial court judge upholds bicycle helmet law
CANADIAN PRESS
HALIFAX - A provincial court judge has upheld Nova Scotia's bicycle helmet law, saying personal safety overides a cyclist's claim that wearing the helmet is an infringement of his constitutional rights.
Judge William Digby rejected John Davis' arguments that helmets do little to enhance safety, and said today that the Halifax photographer should pay his fine.
Davis, who's been cycling for 35 years, had argued before the court that he believes the law interferes with his constitutional rights to liberty and freedom of expression.
The veteran rider, who wrote a book on the subject in 1998, said there was little evidence to show helmets promoted public health and safety.
He challenged the law after he got a ticket in August 2001.
But in his decision, Digby accepted expert testimony that the law prevents head injuries.
Davis, 53, said he hasn't decided if he will pay the $128 fine or appeal the case. He has 30 days to decide.
"I think the battle is worthwhile because it brings the matter to the attention of the public," said Davis.
He said the court's decision could cause some people to stop riding bicycles in Halifax and throughout the province, leading to a decline in fitness levels.
"If they start enforcing the law the way it was when it was originally brought in, it will drive another nail in the coffin of bicycling in Nova Scotia."
He said he is considering whether he will continue to cycle any longer in Halifax.
Kevin Finch, a spokesman for the Department of Municipal Relations, said the government is pleased its law is intact.
"We're happy the law was upheld. We expected it would be. There've been similar challenges to seatbelt laws and helmet laws on motorcycles over the years," he said.
"Those laws have withstood these challenges."
Not many will argue that wearing a helmet offers a degree of safety in a crash but who makes the decision to wear one, you or big brother??
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N.S. cyclist ponders helmet appeal
Provincial court judge upholds bicycle helmet law
CANADIAN PRESS
HALIFAX - A provincial court judge has upheld Nova Scotia's bicycle helmet law, saying personal safety overides a cyclist's claim that wearing the helmet is an infringement of his constitutional rights.
Judge William Digby rejected John Davis' arguments that helmets do little to enhance safety, and said today that the Halifax photographer should pay his fine.
Davis, who's been cycling for 35 years, had argued before the court that he believes the law interferes with his constitutional rights to liberty and freedom of expression.
The veteran rider, who wrote a book on the subject in 1998, said there was little evidence to show helmets promoted public health and safety.
He challenged the law after he got a ticket in August 2001.
But in his decision, Digby accepted expert testimony that the law prevents head injuries.
Davis, 53, said he hasn't decided if he will pay the $128 fine or appeal the case. He has 30 days to decide.
"I think the battle is worthwhile because it brings the matter to the attention of the public," said Davis.
He said the court's decision could cause some people to stop riding bicycles in Halifax and throughout the province, leading to a decline in fitness levels.
"If they start enforcing the law the way it was when it was originally brought in, it will drive another nail in the coffin of bicycling in Nova Scotia."
He said he is considering whether he will continue to cycle any longer in Halifax.
Kevin Finch, a spokesman for the Department of Municipal Relations, said the government is pleased its law is intact.
"We're happy the law was upheld. We expected it would be. There've been similar challenges to seatbelt laws and helmet laws on motorcycles over the years," he said.
"Those laws have withstood these challenges."