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Tuesday, 9 February 2016

HELMET CAMERA CASE IN THE COUNTY COURT


The helmet camera case against Max Lichtenbaum (Case ID: AP-15-2530) will be heard in the County Court in Melbourne on Thursday, February 11, 2016.

http://www.countycourt.vic.gov.au/daily-court-lists 

MAX  LICHTENBAUN  AT  MULETA'S  FOR  A  COFFEE  WITH  THE  IRG
http://motorbikewriter.com/helmet-camera-case-returns-to-court/

Victoria Police mostly ignored helmet cameras but, in 2014, motorcycle rider, Max Lichtenbaum, was booked. The Independent Riders' Group was told he was pulled up by a police rider involved in filming the reality show "Highway Patrol".

Max was on his way to volunteer as a motorcycle marshal at a sporting event. He had done nothing wrong, his licence was in order, his bike was too. The charge was written in the officer's hand writing. It read.
"Fail to wear an approved helmet."

But the rider was obviously wearing an approved helmet. It had an ADR 1698 sticker on it and it was in good condition. Max rider was fined $289 and 3 demerit points.

The camera was small and light similar to those used by West Australian police. It was attached to the helmet with adhesive tape. To be most effective on a bicycle, motorcycle or scooter, the camera needs to be
helmet mounted so it records what the rider sees.

Max wasn't charged with any other offence. He was pulled up apparently because he was there and so was the TV crew. He rider fought the fine because it was unfair and probably unlawful.

The case reportedly went to court six times. Before the last appearance in September 2015, police offered to withdraw the charge. Why? The Judge reduced the fine to $150. Why?

This unusual case gets curiouser and curiouser it seems. VicRoads refused to supply defence lawyers with a copy of ADR 1698 on the grounds that, while it was available from their library in Kew, that their library was not open to the public.

Channel 7 refused to supply/sell a copy of the footage of Max being booked.

"Hello,
          I am the producer of Highway Patrol. The incident you mentioned was shot by this programme, not Motorway Patrol.

We don’t release footage to members of the public, nor do we discuss individual cases with members of the public.

Sorry I can’t be of any assistance.

Regards,

Mary" Durham
Producer/director
Highway Patrol
mary.d@greensonetv.com <javascript:return>

This case could effect every Victorian because it may make a motorcycle, scooter and possibly a bicycle safety device illegal and because it means Victoria Police won't be allowed to use a very effective traffic law enforcement tool that is used safely interstate and overseas.

Damien Codognotto OAM
Spokesman
Independent Riders Group
Melbourne

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