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STATUTE:
Chapter 35. Miscellaneous Provisions. Article 5.
Miscellaneous Offenses. Sec. 28.35.245 Motorcycle Helmets.:
" . . . (b) A person who is 18 years of age or older may not be
required to wear a helmet while operating a motorcycle if the person is the
holder of a license or endorsement to operate a motorcycle." (Approved
by the Governor: June 25, 1996.)
FINE:
If you have information about the amount of the fine for violating
Alaska's helmet law, please e-mail
it to us. Thanks.
STANDARDS:
Title 28. Motor Vehicles. Chapter 05. Administration.
Article 2. Vehicle Equipment Standards. Section 28.05.081 Approval of vehicle
equipment.
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"When the commissioner has reason to believe that
vehicle equipment being sold commercially in the state does not comply with
the requirements of this title or regulations adopted under this title or
other statutes and regulations, the commissioner may, after giving 30 days
notice to the person holding the certificate of approval for the equipment
in this state, conduct a hearing upon the question of compliance of the
equipment. After the hearing, the commissioner shall determine whether
the equipment is in compliance. If the equipment is not in
compliance with the law, the commissioner shall give notice of that fact to
the person holding the certificate of approval for the equipment in this
state.
- "If, at the end of 90 days after the notice of noncompliance
given under (a) of this section, the person holding the certificate of
approval for the vehicle equipment has failed to satisfy the commissioner
that the equipment as sold after the 90 days is in compliance with the law,
the commissioner shall suspend or revoke the approval issued for the
equipment until the equipment is resubmitted to, and retested by, a testing
agency approved by the commissioner and is found to be in compliance with
the law. The commissioner may, at the time of retest, purchase in the open
market and submit to the testing agency one or more sets of the equipment.
If the equipment upon retest fails to comply with the law, the commissioner
may refuse to renew the certificate of approval of the equipment.
- "After January 1, 1978, a motorcycle helmet may not be
manufactured or sold in this state that does not conform to standards
established in regulations adopted by the commissioner. These
regulations must provide for helmets that allow normal peripheral vision and
hearing and minimize neck injuries to the wearer potentially caused by the
helmet. For the purposes of this section and AS 28.05.011(2), a motorcycle
helmet is considered to be vehicle equipment."
COURT DECISIONS:
We have been unable to uncover any court decision from a court of record,
either from the Alaska Appellate or Supreme Courts, which indicates that the
question of whether or not Alaska's helmet law is constitutional has not been
addressed in the courts.
CURRENT ACTIVITY:
If you know of any current activity regarding efforts to remove or
otherwise amend Alaska's helmet law, in the Legislature or the Courts, please e-mail
that information 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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