Is Your Helmet Cam Legal when you travel abroad?
With different EU countries having different laws, helmet cams may be illegal in some countries
Vehiclemounted cameras – whether dash cams in cars or helmet/ bodywork-mounted cams on bikes – are more affordable than ever, and relatively simple to install. Ian Dobie, President of The BMW Club, has done some research on their legality in the EU and came up with some surprising results.
“The UK has a very relaxed view of in-vehicle recording equipment,” said Ian, “which has proved very worthwhile, providing vital evidence in some court cases.
“Things are different in the EU, where there is not a single common policy governing their use – some countries put stringent conditions on their use and some won't allow it under any circumstances.”
Ian's research came up with the laws pertaining to dash cams in cars and vans, and it is highly unlikely they wouldn't apply to bike and helmet-mounted cameras as well.
Legal In...
The good news is that in some countries, owning and using a vehicle-mounted camera and recording equipment is completely legal.
So in Italy, Denmark, Spain, the Netherlands and Sweden you'll be fine. Ditto in Malta, Serbia and Bosnia Herzegovina.
Illegal In...
However, in Austria there is a complete ban on ownership as well as use.
If you are caught the fine is €10,000 for a first offence and €25,000 for a second or subsequent offence.
Portugal, too, has a zero tolerance of vehicle cameras, while in Luxembourg you can own one, but can't use it.
Legal, with conditions
Other countries will allow camera use, but with conditions attached:
Belgium – You can own and use one, but only for ‘private use’. If you are involved in an accident, then you need to inform all other parties before submitting any footage as evidence.
France – Similar to Britain, but again only for ‘private use’, and you cannot upload footage on to the Internet. Evidential footage of an accident, etc., must go directly to the Police in the first instance.
Germany – Legal with conditions, primarily that any shared footage must have faces and registration numbers obscured. It's not clear how this would apply when using footage as evidence after an accident.
Norway - Legal with conditions, similar rules to the UK.
Switzerland – Legal, but heavily conditioned. Whilst cams are technically legal, the accepted view is that because of the stringent Swiss data protection and privacy laws, it is almost impossible to get any practical use from them. You must conform to the Swiss ‘Principle of Transparency’. You cannot use them simply to document a journey, and there has to be a legal purpose to the filming. It must also be obvious to those being recorded they are being filmed!
“Whilst nothing is said about helmet-mounted cameras,” added Ian, “you need to consider taking precautions. Depending on the type of camera fitted – Go Pro, Von Mon, OLFI, and Drift Ghost for example – it may simply be a case of removing it and putting it in your luggage. Discreetly mounted cameras such as the Innov K2 on the front and rear of your motorcycle might be a lot more difficult to simply remove. Switching off the record mode is the next obvious solution, but may not be sufficient in countries where ownership and fitment is illegal.
“Whilst (cameras) have proved invaluable to many UK motorists, cyclists and motorcyclists involved in road traffic collisions in their subsequent court action and insurance claims, unfortunately it appears Europe doesn’t share the same rationality. The EU has no common policy, so frankly it is not worth the effort or risk.”