Helmet law technicality

[snopes]

Comment: Back in he early 1960's, I had heard a story about a motorcyclist
who didn't agee with the newly enacted helmet law, and strapped his helmet
to his knee while riding. The motor cyclist was given a ticket, and went
to fight it in court. His defence was that the the law stated that all
motorcyclists must wear a helmet, but failed the specify that it must be
worn on the head. The cyclist lost his case, and paid his fine. While
driving away from the courthouse, the cyclist was involved in an accident,
which resulted in an injury to the knee that he had previously strapped
his helmet to. I can't remember if the story took place in NY, NJ. or
Conn.

[cdav1313]

I heard that story in the 80s (supposedly happened to a FOAF) in Massachusetts.

I think (could be mistaken) that the law says something about head protection and not necessarily a helmet.

As of the beginning of this year 2007 Pennsylvania changed it's helmet law and made it only mandatory for riders under 18.

As an adult you are now "ALLOWED," (NOT FREE TO) But allowed to ride with out a helmet.

[Buckle Up]

My sister told me that New Hampshire is the only US state without a helmet law. She said there are bumper stickers around that read, "Live Free And Die" (a takeoff of the state motto, "Live Free OR Die").

[cdav1313]

Originally Posted by Buckle Up

My sister told me that New Hampshire is the only US state without a helmet law. She said there are bumper stickers around that read, "Live Free And Die" (a takeoff of the state motto, "Live Free OR Die").

Connecticut doesn't have a helmet law either.

[RivkahChaya]

My sister told me that New Hampshire is the only US state without a helmet law.

There's no adult helmet law in Indiana. Children, however (16 & 17 year olds, old enough to drive, but not legally adults, and child passengers), must wear them. Children must wear them on bicycles too, though not on tricycles, even if the bike is small enough to be legal on the sidewalk.

Helmet laws are proposed all the time, but always get shot down.

Originally Posted by Jerry

As of the beginning of this year 2007 Pennsylvania changed it's helmet law and made it only mandatory for riders under 18.

As an adult you are now "ALLOWED," (NOT FREE TO) But allowed to ride with out a helmet.

That is not completely true. In fact, most of it is wrong.

1) The new helmet law took effect on 9/4/2003. It has not been changed since that time.

2) Anyone under 21 must wear a helmet regardless of experience.

3) Anyone over 21 may go without a helmet if that person has had a motorcycle endorsement for at least two years or has passed the motorcycle safety course offered through the state by the Motorcycle Safety Foundation.

Regardless of the laws, not wearing a helmet is a bad idea. I've had helmets cracked by stones flying from trucks. I'd hate to think what would happen if that was my skull instead of the helmet.

[keokuk]

The closest case that I could find matching this description was People v. Bloomfield in New York. However, it's from 1985 and actually found the opposite conclusion. A man was cited for violating a helmet law because he was wearing it tilted back, resting on his shoulders. He challenged the conviction, arguing that the law did not specify how he was supposed to wear the helmet. The court rejected his argument, essentially holding that even though the law is not specific, there is only one way to properly wear a helmet, and it is made abundantly clear by the purpose of the statute as well as the helmet manufacturer's specifications.

Of course that doesn't mean that the OP case didn't happen. But I'd need to spend more time trying to track it down than I have right now.

[46liter]

I would say that nationwide, helmet laws are the exception. Indiana,Ohio, Kentucky, & Illinois do not have helmet laws.

[putitinwriting]

I'm pretty sure this UL was also told in a Tom Robbins book. I believe it was Another Roadside Attraction, but I haven't got it at hand to check.

[LyndaD]

Utah doesn't require adult riders to wear helmets. I don't know if minors must, however.

[Enchanting_eyes]

The day before Thanksgiving I called my preacher ( I still call her that, even though I'm not in the state, and don't go to church )

Anyways she related me the same story, only this happened in Indinia and I can't recall when she said it happened. As it was a pretty odd thing for her to bring up considering our conversation at the time.

E* E

[animal73]

Originally Posted by 46liter

I would say that nationwide, helmet laws are the exception. Indiana,Ohio, Kentucky, & Illinois do not have helmet laws.

Ohio does have somewhat of a helmet law. If you are a new rider (having your endorsement for less than a year), you must wear a helmet.

Not sure about under 18 though. And everyone must either have eye protection or a tall windshield.

I use my own law when it comes to helmet use........ALWAYS wear the proper helmet. Those who don't either have never had a serious spill, never had the opportunity to see a friends brains laying on the street, or they're just plain..........well, you know what I mean. However, helmet laws do vary from state to state. A list of helmet laws for all states in the U.S. can be found at: http://www.gwrra.org/articles/2003helmetlaws.html

[Wild Redhead]

There used to be a biker in Seattle that had a seat belt on his Harley. (this was 13 years ago) He would get stopped for not having a helmet but would always beat it in court. The law may have changed by now but he got around it because the law was written in a way that required safety equipment.