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STATUTE:
Title 55. Motor and Other Vehicles. Chapter 9. Equipment -- Lighting
Regulations. Part 3--Required Equipment on Motorcycles and Motor Driven
Cycles. Section 55-9-302. Crash Helmet Required For Driver and Passenger. :
"(a) The driver of a motorcycle, motorized bicycle as defined in
chapter 8 of this title, or motor-driven cycle and any passenger thereon
shall be required to wear a crash helmet of a type approved by the
commissioner of safety."
FINE:
" 55-9-306. Violation of this part - Penalty.- A violation of this part
is a Class C misdemeanor. [Acts 1967, ch.45,ss(TCA (supp), ss 50-947; T.C.A.,
ss 59-938; Acts 1989, ch. 591, ss 113.]
Cross References. Penalty for Class C misdemeanor, ss 40-35-111"
This prescribed penalty seems to be for non-moving violations such as seat,
windshield, mirror, footrests etc. requirements including helmets. It's up to
a $161 fine AND 30 days in jail.
STANDARDS:
Title 55. Motor and Other Vehicles. Chapter 9. Equipment -- Lighting
Regulations. Part 3--Required Equipment on Motorcycles and Motor Driven
Cycles. Section 55-9-302. Crash Helmet Required For Driver and Passenger. :
". . . of a type approved by the commissioner of safety."
NOTE: We are in the process of obtaining the standards adopted by the
commissioner of safety for determining what constitutes a "crash
helmet" within the State of Tennessee. When we have the criteria for
"approval", you will find it here.
COURT DECISIONS:
"This section is not an invalid exercise of the state police power, since
the police power may be exercised by the enactment of prohibitory or
restrictive measures directed to the end of fostering the public welfare by
securing the safety of an individual as a class member." Arutanoff v.
Metropolitan Gov't, 223 Tenn. 535, 448 S.W.2d 408 (1969).
"This section does not unconstitutionally invade the right of privacy
because the regulated right is not one exercised in private where it cannot
affect the public." Arutanoff v. Metropolitan Gov't, 223 Tenn.
535, 448 S.W.2d 408 (1969).
"This section is not void as an unreasonable classification in
violation of the equal protection clause of the United States Constitution or
Tenn. Const., art. XI, Section 8." Arutanoff v. Metropolitan Gov't,
223 Tenn. 535, 448 S.W.2d 408 (1969).
"This section does not violate the due process clause of the U.S.
Const., amend. 14 or the law of the Land Section of the Tenn. Const., art. I,
s 8, by failing to set legislative standards for the design of the helmet to
be worn, since the legislative designation of the helmet as a "crash
helmet" is adequate notice of the legislative intention that the helmet
must be headgear designed to increase materially the safety factor in case of
a crash." Arutanoff v. Metropolitan Gov't, 223 Tenn. 535, 448
S.W.2d 408 (1969).
CURRENT ACTIVITY:
(supplied by Wayne Shaub 7/24/03):
HB952/SB861 - "Helmet Modification
Bill" - is now on the House Budget Sub-committee's next calendar (the
Legislature is in recess until January 2004). This bill passed the House
Safety Sub-committee, the full House Transportation Committee and the full
Senate Transportation Committee. There is active support for this personal
freedom bill on both sides of the isle.
HB1819/SB1765 - "Flashing Brake
Light Bill" - A new state law allows motorcycles to use 'flashing' brake
lights (no more than 5 seconds) before going to a solid red lamp. Effective,
July 1, 2003.
HB1054/SB1200 - "Stop Light
Bill" - A new state law allows motorcyclists to "proceed when it is
safe to do so" through traffic signals which have 'mal-functioning
vehicle detection devices'. The legislation was intended to allow bikers to
treat traffic signals with defective "ground loop" detectors as four
way stops, not "run red lights" as the national press portrayed. An
amendment was added which states that, if a signal does not have a defective
detection device, you can not use the law as a defense. After passing both the
House and Senate by a large margin the Governor signed this into law. It
became effective 1 July 2003.
SJR0104 - "May = Motorcycle
Awareness Month" - Passed House, Senate, signed by the Governor.
HB1899/SB1863 -
"Anti-Discrimination Bill" - This bill, sponsored by the Tennessee
C.O.C., died in both House and Senate subcommittees due to extreme lobbying
against it.
HB1568/SB875 - "OHV Bill"
Left on the desk in the House awaiting a vote.
CURRENT ACTIVITY:
Mar 17, 1999 - HB0050 - the House Safety
Subcommittee of the House Transportation Committee killed the Helmet
Modification Bill, HB0050 by voice vote. More...
Feb 25, 1999 - SB0047 - the Senate passed
SB0047 23 to 8. As amended the bill would require " a motorcycle helmet
of a type approved by the commissioner of Safety; provided, this provision
shall not apply to persons who have five (5) or more years licensure as a
motorcycle operator." Simply put, five years of motorcycle licensure,
regardless of age. Get your motorcycle license at 16, ride free at 21. Get
your license at 52, ride free at 57. The sponsor of the amendment, Senator
James F. Kyle, Jr. (D-Memphis) wanted five years of riding experience for all
riders regardless of age. "Experience not age determines one's ability to
ride safely." The companion bill, HB0050
will now go before the Tennessee House Trans Committee next.
Feb 10, 1999 SB 0047 - The Tennessee
State Senate Transportation Committee today passed SB0047 by a vote of seven
(7) yes and one (1) no. The "21 and over" helmet modification bill
was amended to include a provision of two (2) years of riding experience. The
Bill must now go before the full Senate as well as the House Transportation
Committee. This is the first time since the mandatory helmet law went into
effect in 1968 that any modification bill has made it out of committee in
either the Senate or House.
Feb 7, 1999 -SB 0047 - The Tennessee
State Legislature currently has bills before it to modify the existing crash
helmet code. This modification would exclude adult riders and passenger 21 or
older from mandatory helmet usage. Senate Bill 0047 is sponsored by Senator
Bobby Carter, R-Jackson. House Bill 0050 is sponsored by Rep. Paul Phelan,
D-Trenton. SB0047 will go before the State Transportation Committee on
Wednesday, 10 February, 1999 at 10:00. CMT/ABATE, Concerned Motorcyclists of
Tennessee/ABATE, is backing this legislation. Their State Office can be
contacted at (615) 907-0304, Fax (615) 907-0416, or E-mail at cmtabate@bellsouth.net.
If you know of any current activity regarding efforts to remove or amend
Tennessee'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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