"Provision valid exercise of power of parens patriae. -- Requiring
minors to wear helmets while riding a motorcycle would perhaps be a valid
exercise of the power of parens patriae and would enable the state to protect
youths whose judgment might not yet allow them to exercise their individual
freedom judiciously with regard to their own safety." 1969 Op. Att'y Gen.
No. 69-14.
"Authority to approve safety helmets not violative of due process. --
The delegation to the commissioner of motor vehicles (now director of the
motor vehicle division) of the power to determine what type of helmet should
be worn under an ordinance mandating the wearing of approved safety helmets by
motorcycle operators did not deprive the appellate of due process nor did the
fact that the state commissioner of motor vehicles adopted the standards
determined by the testing of a third person make such testing
unreasonable." City of Albuquerque v. Jones, 87 N.M. 486, 535 P.2d 1337
(1975).
"Ordinance requiring wearing of helmet appropriate exercise of police
power. -- A city ordinance which requires the operator of a motorcycle to wear
an approved safety helmet is an appropriate exercise of the city's police
power and therefore is constitutional." City of Albuquerque v. Jones ,
87 N.M. 486, 535 P.2d 1337 (1975)..
Feb
3, 2003 - SB 239 - State Sen. Allen "Frankenstein" Hurt (R-Waterflow
and a physician!) introduced SB 239, which would force the harvesting of
organs for some bikers declared brain dead as the result of an accident if not
wearing a helmet. We just spoke to his office and apparently Hurt has awoken
from his moral coma and will be dropping the bill due to public outcry and,
since already being brain dead himself, perhaps Hurt didn't like idea of his
own bitter medicine.
June 21, 2001 - Resolution
2051-2001 - Signed into effect. If an accident occurs between a
motorcycle or bicycle rider and another vehicle, and the rider is not wearing
appropriate protective headgear, and as a result head or spinal cord injuries
occur the operator of the other vehicle should be held harmless for the head
and spinal cord injuries.
Mar
15, 2001 SB 153 - Gov. Gary Johnson signs handlebar repeal effective
7/1/01. New Mexico is the 5th state to repeal or amend such a law in addition
to AZ, IA, OR and WA.
If you know of any current activity regarding efforts to remove or
otherwise amend New Mexico's helmet law, in the Legislature or the Courts,
please e-mail
that information to us so we can update this site.
