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STATUTE:
Title 43. Vehicles and Watercraft. Chapter 486. Bicycles, Motorcycles and
Similar Vehicles. Operation and Equipment. Section 486.231. :
-
"The department shall adopt standards for protective headgear and
protective glasses, goggles or face shields to be worn by the drivers and
passengers of motorcycles and transparent windscreens for motorcycles.
- "Except as provided in this section, when any motorcycle, except
a tri-mobile or moped, is being driven on a highway, the driver and passenger
shall wear protective headgear securely fastened on the head and protective
glasses, goggles or face shields meeting those standards. Drivers and
passengers of tri-mobiles shall wear protective glasses, goggles or face
shields which meet those standards.
- "When a motorcycle or a tri-mobile is equipped with a transparent
windscreen meeting those standards, the driver and passenger are not
required to wear glasses, goggles or face shields.
- "When a motorcycle is being driven in a parade authorized by a
local authority, the driver and passenger are not required to wear the
protective devices provided for in this section. . . ."
FINE:
In Nevada a helmet ticket will get you 2 points on your drivers license plus
fines. The fines start with a State Assessment fee and then vary from court to
court from there.
STANDARDS:
Title 43. Vehicles and Watercraft. Chapter 486. Bicycles, Motorcycles and
Similar Vehicles. Operation and Equipment. Section 486.231. :
"1. The department shall adopt standards for protective headgear and
protective glasses, goggles or face shields to be worn by the drivers and
passengers of motorcycles and transparent windscreens for motorcycles. . .
."
COURT DECISIONS:
"Statute was legitimate exercise of state's power to preserve and improve
public health, safety, morals and general welfare. NRS 486.231, which requires
drivers and passengers of motorcycles to wear protective headgear when
operating motorcycle on highway, was legitimate exercise of state's power to
preserve and improve public health, safety, morals and general welfare."
State
v. Eighth Judicial Dist. Court, 101 Nev. 658, 708 P.2d 1022 (1985)
"Statute did not violate constitutional guarantees of equal protection
of laws. NRS 486.231, which requires drivers and passengers of motorcycles to
wear protective headgear when operating motorcycle on highway, did not violate
provisions of U.S. 14th amendment or Nev. Art. 4, s 21 guaranteeing equal
protection of laws, because statute was rationally related to legitimate state
interest in reducing severity of injuries to motorcyclists, protecting public
from increased medical costs as result of accidents involving motorcycles and
promoting safety on public highways.
State v. Eighth Judicial Dist. Court, 101
Nev. 658, 708 P.2d 1022 (1985)
"Statute did not violate right to privacy. NRS 486.231, which requires
drivers and passengers of motorcycles to wear protective headgear when
operating motorcycle on highway, did not violate defendant's right to privacy
under U.S. 9th amendment or Nev. Art. 1, s 20, because right to be left alone
did not include right to do as one pleases on public highway."
State
v. Eighth Judicial Dist. Court, 101 Nev. 658, 708 P.2d 1022 (1985)
HISTORY:
1999 - In a message dated 4/9/99, hdcowboy@mail.cvn.net
writes:
SB 201 was called for a WORK SESSION and Assemblywoman Ohrenschall (D)
Las Vegas quickly called for postponement, and was as quickly seconded. This
allowed no discussion or amendments to the bill until the motion was voted on.
Earlier in the day I had met with Jim Utterback in the Office of Traffic
Safety to discuss the testimony on the bill in Tuesday's hearing. Both he and
I had serious doubts as to the validity of some of the statements made by the
employee of the University Medical Center's Head Trauma Unit. At my urging
Assemblyman Gustavson called Mr. Utterback and discussed the items in
question. These items would have brought serious doubt on the testimony. But
the SLAM DUNK done by Ohrenschall and her cohorts stole the opportunity of
Nevada motorcyclists their proper representation.
1997 - Don Gustavson (R-Reno) introduced a bill that removed the
helmet wearing requirement for those over 21 who had at least one year riding
experience. The bill passed the Assembly, but died in the Senate. Legislative
analysts calculated passage of this bill would cost Nevada about $3.5 million
a year for additional medical treatment of motorcyclists who suffered brain
injuries from of accidents.
CURRENT ACTIVITY:
Apr 10, 2003 - The bill failed in the
Transportation Committee. Unfortunately, NHTSA testified and lied against the
bill and the Trans Committee unfortunately was distracted/ignored the main
issue that the law is unenforceable as is. Mr. Snodgrass of NHTSA provided
stunning half and mis-truths such as:
"California enacted their helmet law ...
deaths went down 32%"
Snodgrass neglected to mention that rider-ship was down 40%. Less riders,
riding less logically yields less accidents and therefore less deaths. To
say/imply that helmets provide safety benefits that result in fewer deaths is
a disingenuous lie. It is less rider-ship that reduces deaths. Full
transcript at Bolt of Nevada's Website.
We all need to be very clear about what is really going on. Less rider-ship,
not helmets, is responsible for reducing death and helmet laws are being used
to get/keep bikers off the road. Whether you wear a helmet or not or do and
don't want to, if your state has a helmet law, that law is manipulating and
curtailing your freedom.
Mar 13, 2003 - SB
274 - Full Helmet Repeal Bill introduced by Senator Shaffer. Email
to Senator Nolan from Colonel David Hosmer (NV DPS, Highway Patrol) on the
impossibility of enforcing the current law.
In the meantime here's BOLT's angle on this situation: NV's
Helmet Fight.
Nov 5, 2002 - Nevada's helmet law is in
crisis. The latest published opinion by the Attorney General, unbeknownst to
her, spells out that it's impossible to comply and enforce with their helmet
law with certainty. Even the Nevada highway patrol agrees. Background
| AG's Opinion: HTML
| PDF
RELATED ACTIVITY:
Apr 17, 2001 - AB-88 - Pursuant to
Joint Standing Rule No. 14.3.1, no further action allowed. Bill killed.
Feb 13, 2001 AB-88
article in the Las Vegas Review Journal.
Feb 12, 2001 - AB-88
- Helmet law modification bill for over 21 introduced by State Assemblyman Don
Gustavson (R), Sun Valley. Bill
Updater.
May 11, 1999 -
AB-59
- The Senate Trans Committee voted do pass as amended. The next
deadline is May 21st for the Senate Floor vote. AB-59 Clarifies that person
with disability may obtain special license plate and parking sticker to park
motorcycle in space designated for handicapped.
Apr 8, 1999 - SB 201 - Motion to
postpone indefinitely killed the bill in Transportation Committee.
Feb 21, 1999 - AB 201 has been
forwarded to the Transportation Committee and we are working on the
legislators and our presentation for the hearing. The hearing date has not
been set as of yet (per Danielle Kohler, ABATE of Nevada State
Secretary, Newsletter Editor, Government Relations).
Feb 12, 1999 - Assemblyman Don
Gustavson (R-Reno) introduces AB
201 to amend Nevada's 28-year old mandatory helmet law to allow
freedom of choice for riders over 16 years of age.
If you know of any current activity regarding efforts to remove or amend
Nevada's helmet law, in the Legislature or the Courts, please e-mail
that information to us so we can update this site.
STATE WEBSITES:
-- DISCLAIMER --
The foregoing is provided as educational information only and
is not legal advice.
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