STATUTE:

Article 3. Motor Vehicle Act of 1937. Part 10. Operation of Vehicles and Rules of the Road. Section 20-140.4. :

"(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:

". . .(2) Unless the operator and all passengers thereon wear safety helmets of a type approved by the Commissioner of Motor Vehicles...."

FINE:

The price for a helmet ticket is $25.00 if there is no other charges plus court costs. No points on license or insurance points.

STANDARDS:

Article 3. Motor Vehicle Act of 1937. Part 10. Operation of Vehicles and Rules of the Road. Section 20-140.4. :

"(a)(2) . . . of a type approved by the Commissioner of Motor Vehicles. . . ."

COURT DECISIONS:

We found one decision that was rendered back on March 12, 1969, in the case of State of North Carolina v. Kenneth Calvin Anderson , 275 N.C. 168, 166 S.E.2D 49, handed down by the Supreme Court of North Carolina. Not a bad job, all things considered; but , the vagueness arguments were not well (or at all) presented, and at the time the trend was a mad dash toward putting helmet laws in ALL the states.

In other words, the North Carolina helmet law can be shown to be unconstitutionally vague, State v. Anderson notwithstanding.1969.

CURRENT ACTIVITY:

Mar 5, 2001 - HB 107 failed in the Finance Committee 16 - 13. Winston-Salem Journal article.

Feb 15, 2001 - HB 107 a new helmet mod bill for 21 and over with 12 months riding experience was introduced to the NC General Assembly.

June 6, 2000 - NC's Helmet law upheld by Court reversing Superior Court decision.

April 1999 - NC's Helmet law to be ruled vague by Superior Judge.

If you know of any current activity regarding efforts to remove or amend North Carolina'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:

• Concerned Bikers Association
• North Carolina DMV