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STATUTE:
Title 46. Motor Vehicles. Chapter 46.37. Vehicle Lighting and Other
Equipment. Section 46.37.530. Motorcycles, Motor-driven Cycles, or
Mopeds--helmets, Other Equipment--Children--Rules. :
"(1) It is unlawful:
"(c) For any person to operate or ride upon a motorcycle,
motor-driven cycle, or moped on a state highway, county road, or city
street unless wearing upon his or her head a protective helmet of a type
conforming to rules adopted by the state patrol except when the vehicle is
an antique motor-driven cycle or automobile that is licensed as a
motorcycle or when the vehicle is equipped with seat belts and roll bars
approved by the state patrol. The helmet must be equipped with either a
neck or chin strap which shall be fastened securely while the motorcycle
or motor-driven cycle is in motion; . . ."
FINE:
Notice of Infraction, $66. The fine in Chelan County is $71.00
STANDARDS:
Title 46. Motor Vehicles. Chapter 46.37. Vehicle Lighting and Other
Equipment. Section 46.37.530. Motorcycles, Motor-driven Cycles, or
Mopeds--helmets, Other Equipment--Children--Rules. :
"(2) The state patrol is hereby authorized and empowered to adopt and
amend rules, pursuant to the administrative procedure act, concerning the
standards and procedures for conformance of rules adopted for glasses,
goggles, face shields, and protective helmets."
COURT DECISIONS:
"State patrol regulation regarding safety standards for protective
motorcycle helmets, adopted pursuant to Head Injury Prevention Act, failed to
provide fair notice or ascertainable standards of types of helmets which would
comply with Act and, thus, portion of Act requiring motorcyclists to wear
helmets was unconstitutionally vague where ordinary citizen of average
intelligence would not have known how to locate federal standard for helmets
adopted by state patrol regulation and even if ordinary citizen could have
found federal regulation, he or she would not have understood what was
required to comply with Act." State v. Maxwell (1994) 74 Wash. App. 688,
878 P.2d 1220, reconsideration denied.
"Based upon the plain language of the regulation and on authority from
other jurisdictions, we conclude the law is not unconstitutionally vague. The
federal law, quoted in the Washington rule, requires that manufacturers
certify that their helmets comply with the federal standards by applying a
permanent label, reading "DOT," in a prominent manner on the outside
of the helmet. Several other states have held that a motorcyclist can avoid
violating similar laws by buying any motorcycle helmet which is labeled
"DOT" by the manufacturer. . . . In the current regulation adopted
by the Washington State Patrol, the labeling requirements from the federal law
are included so that a purchaser will know to buy a helmet which is so
labeled. . . . We hold that the regulation adopted by the State Patrol is
sufficiently clear to put a person of normal intelligence on notice of what
conduct is prohibited." Washington v. Spears (1998)
RELATED INFORMATION:
CURRENT ACTIVITY:
July 27, 2003 SB 5335 - Defines
"motorcycle" helmet. "Helmet is a Helmet" and goes into
effect 7/27/03.
"For purposes of this section, "motorcycle helmet" means
a protective covering for the head consisting of a hard outer shell, padding
adjacent to and inside the outer shell, and a neck or chin strap type
retention system, with a sticker indicating that the motorcycle helmet meets
standards established by the United States Department of Transportation."
HB 1080/SB 5230 - will modify the WA
Helmet Law to allow choice of helmet use for adults 21 and over.
SB 5335 - Defines "motorcycle"
helmet. "Helmet is a Helmet".
SB 5457 - Posting hazards to motorcycles
requiring "Motorcycle Caution" signs in road constructions sites in
WA.
SB 5229 - Separate training for two and
three-wheeled motorcycles.
STATE WEBSITES:
-- DISCLAIMER --
The foregoing is provided as educational information only and
is not legal advice.
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