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Illinois is 100% Helmet Law Free!
STATUTE:
There is no helmet law statute in Illinois.
FINE:
There is no fine.
STANDARDS:
In that Illinois does not have a helmet law, the only standards
for helmets are the standards imposed on manufacturers and distributors of
helmets -- Federal Motor Vehicle Safety Standard 218 -- which is as it should
be.
COURT DECISIONS:
"This paragraph which prohibits riding as a passenger
on a motorcycle without glasses, goggles, or transparent shield is not
patently unconstitutional." People v. Henninger ,
App. 4
Dist.1975, 28 Ill.App.3d 557, 328 N.E.2d 580.
"Classification of motorcyclists separately from
operation of other motor vehicles by former Section 189c of former chapter 95
1/2 (now this section) requiring operator and passengers of motorcycle to wear
protective headgear was reasonable and did not violate equal protection clause
of U.S.C.A. Const. Amend. 14." People
v. Fries ,
1969, 42 Ill.2d 446, 250 N.E.2d 149.
"Paragraph (a) (now deleted) of former Section 189c
of former chapter 95 1/2 (now this section) requiring operators of motorcycles
and every passenger thereon to wear protective headgear had as its purpose the
safeguarding of the person wearing the headgear and involves essentially
matter of personal safety and was beyond police power of legislature and is
violative of U.S.C.A. Const. Amend. 14." People
v. Fries , 1969, 42 Ill.2d 446, 250 N.E.2d 149.
"Legislation intended to protect persons in other
vehicles from danger created by motorcycle out of control was within police
power of the state." People
v. Fries ,
1969, 42 Ill.2d 446, 250 N.E.2d 149.
COMMENTARY:
Apparently what happened was that in 1968, Illinois put in a
helmet law like all the other states (except California), but when the statute
was challenged in court, the Illinois Supreme Court ruled the law an abuse of
the police power, and therefore void because it was unconstitutional.
However, in 1986, in the matter of People
v. Kohrig , 113 Ill.2D 384, 498 N.E.2D 1158, 101 Ill. Dec.
650, the Fries
decision was seemingly set aside by a different group of judges over a
seat belt case decision. Illinois motorcyclists may want to keep close track
of their Legislature to make sure that they don't slip in another helmet law
for Illinois.
RELATED INFORMATION:
Illinois
Just Says No! - This article was forwarded to me from ABATE of
Illinois. They had a Senator in Iowa make similar statements about them last
year. This is what can be accomplished if people stay focused, don't
compromise and work together.
CURRENT ACTIVITY:
Mar 2001 - Illinois Under Attack: 4 bills have been introduced
to enact helmet laws. House Helmet Bills: HB-3255 is for all riders. HB-3084
is for all riders under 18. Senate Helmet Bills: SB-1325 is for all
riders and SB-1326 is for those under 18. All bills go before various
committees. See Legislative
Update and list of committees and legislators.
If you know of any current activity regarding efforts to
remove or otherwise amend Illinois'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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