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STATUTE:
Title 32. Motor Vehicles and Traffic; Chapter 5A; Rules of the Road;
Article 11. Motorcycles; Section 245. Headgear ... required for motorcycle
riders ...":
"No person shall operate or ride upon a motorcycle or motor-driven
cycle unless he is wearing protective headgear which complies with standards
established by section 32-12-41."
FINE:
We're told (by Stan), on July 12,
1998, that his understanding is that the fine in Alabama for violating the
helmet law is $90. Thanks. If you have any updated information, please email
us.
STANDARDS:
Title 32. Motor Vehicles and Traffic; Chapter 12. Motorcycles and
Motor-driven Cycles; Article 3. Helmets; Section 41 Specifications:
"The protective helmet shall meet the following specifications:
-
"Design. -- One which is specifically designed for motorcycle riders
and motorcycle passenger use.
- "Exterior shell. -- A hard exterior shell of non-shatter able material,
resistant to impact and penetration.
- "Cradle. -- A firmly secured shock absorbent cradle for the head
designed to support the helmet and maintain separation between the head and
outer shell. Materials used in this portion of protective helmet shall be of
durable quality and with characteristics that will not undergo appreciable
alteration under the influence of aging or of the circumstances of use to
which the helmet is normally subjected. Materials commonly known to cause skin
irritation or disease shall not be used for these parts of the assembly which
come in contact with the skin.
- "Padding. -- Impact-resistant, absorbent padding or cushioning
material of substantial thickness in all areas where the head is in close
proximity with or may contact the outer shell.
- "Chin strap. -- A permanently attached adjustable chin strap that
will hold the helmet securely in place. A rider must at all times, while a
motorized vehicle is in motion, have a chin strap firmly in place on or under
the chin.
- "Visor. -- Not required, but, if the helmet is so equipped, the visor
must be flexible or of a snap on type; however, no external projections shall
be more than one-quarter inch above surface of the exterior shell."
Title 32. Motor Vehicles and Traffic; Chapter 12. Motorcycles and
Motor-driven Cycles; Article 5A. Rules of the Road; Article 11. Motorcycles;
Section 245 . . . approval of headgear . . . (d)
"The director of public safety is hereby authorized to approve or
disapprove protective headgear, and to issue and enforce regulations
establishing standards and specifications for the approval thereof. The
director of public safety shall publish lists of all protective headgear
which have been approved by him."
COURT DECISIONS:
There is only one case on record where the Alabama helmet law was ever
challenged in a court of record. This was in 1971, and it appears that the
Defendant/Appellant lost because he failed to properly do his
paperwork. The case was Skelton
v. Tuscaloosa, 243 SO.2D 388, 46 ALA. APP. 404.
CURRENT ACTIVITY:
If you know of any current activity regarding efforts to remove or otherwise
amend Alabama's helmet law, in the Legislature or the Courts, please e-mail
that information to us so we can update this site. Thanks.
STATE WEBSITES:
-- DISCLAIMER --
The foregoing is provided as educational information only and
is not legal advice.
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