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STATUTE:
Title 40. Motor Vehicles and Traffic. Chapter 6. Uniform
Rules of the Road. Article 13. Special Provisions for Certain Vehicles. Part
2. Motorcycles. Section 40-6-315 Headgear and eye-protective devices for
riders. :
"(a) No person shall operate or ride upon a motorcycle unless he is
wearing protective headgear which complies with standards established by the
Board of Public Safety. . . ."
FINE:
7/12/00. The following was copied from documents relating to current
legislation before the Georgia Legislature:
A person failing to comply with the requirements of this Code section, upon
conviction of such offense, be fined not more than $15.00; but, the provisions
of Chapter 11 of Title 17 and any other provision of law to the contrary
notwithstanding, the costs of such prosecution shall not be taxed nor shall
any additional penalty, fee, or surcharge to a fine for such offense be
assessed against a person for conviction thereof. The court imposing such fine
shall forward a record of the disposition of the case to the Department of
Public Safety."
STANDARDS:
Title 40. Motor Vehicles and Traffic. Chapter 6. Uniform Rules of the Road.
Article 13. Special Provisions for Certain Vehicles. Part 2. Motorcycles.
Section 40-6-315 Headgear and eye-protective devices for riders. :
"(d) The Board of Public Safety is authorized to approve or disapprove
protective headgear and eye-protective devices required in this Code section
and to issue and enforce regulations establishing standards and
specifications for the approval thereof. The Board of Public Safety shall
publish lists of all protective headgear and eye-protective
devices by name and type which have been approved by it."
NOTE: The law is contingent on a "list" adopted by
the Board of Public Safety. In the absence of a "list" of helmets
approved by the Board of Public Safety, there is no foundation for a helmet law
in Georgia!
COURT DECISIONS:
"This Code section is a valid exercise of police
power." Ritter v. State, 258 Ga. 551, 372 S.E.2d 230 (1988).
(Note: This decision has to do with the limited question of
the State's right to impose safety regulation on individuals under the police
powers, and not on the subject of unconstitutional vagueness. In other
words, the definition of "protective headgear" is vague; which means
the Georgia statute requiring motorcyclists to wear "protective
headgear" is vague; which means the Georgia helmet law is unconstitutional
. . . Ritter v. State notwithstanding.) And
sure enough...
CURRENT ACTIVITY:
SB
192 - no recent activity
RECENT ACTIVITY:
SB
192 - 2/14/01 - read in Senate and referred to committee. A bill to be
entitled an Act to amend Code Section 40-6-315 of the Official Code of GA
Annotated, relating to headgear and eye-protective devices for riders of
motorcycles, so as to provide an exception from the protective headgear
requirements of said Code section for motorcycle operators who are 18 years of
age or older and who meet certain other criteria; to provide for related
matters; to repeal conflicting laws; and for other purposes.
HB
184 - 4/27/01 - Signed into law!
- 3/14/01 - The "No points for violation" bill passed the Senate
49 to 3 and goes to the Governor for signature.
- 1/12/01 - Motorcycles; headgear violations; amend penalty provision.
Basically a repeat of last year's SB 342 which Gov. Barnes vetoed. The
bill provides that a violation shall not be a moving traffic violation. HB
184 bill info at GA
General Assembly Website.
RELATED INFORMATION:
Georgia
- 3/28/00 - SB342 - A bill to amend headgear and eye-wear laws, so certain
violations won't be criminal acts...
Georgia
Court Rules Helmet Law Vague - Vagueness of a criminal law rests on a
constitutional principle that procedural due process requires fair notice and
proper standards for adjudication.
Bikers:
"4"... Georgia Helmet Law: "0" - by David Dismukes.
Talk about harassment! David got 4 tickets from the same cop for the same helmet
and all had been dismissed!
Georgia
History
STATE WEBSITES:
-- DISCLAIMER --
The foregoing is provided as educational information only and
is not legal advice.
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