Wisconsin

STATUTE:

Chapter 347. Equipment of Vehicles. Section 347.485. Protective headgear for use on Type 1 Motorcycles. :
"(1)(a) No person who holds an instructional permit under s. 343.07(4) or who is under 18 years of age may operate or ride upon a Type 1 motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened.
"(am) No person may operate a Type 1 motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear."

FINE:

According to the 1999 Wisconsin Uniform Traffic Deposit Schedule the fine for violating section 347.485 is $30 plus court and additional fees so the total can range from $65.90 to $122.90 depending on which court the violation is written into (the highest total is for county courts, municipal courts go from the lower figure to $73.90). In addition there are no demerit points assessed against the driver's license for a conviction.
[Sgt. Donald Mueller - Middleton Police Department]

STANDARDS:

Chapter 347. Equipment of Vehicles. Section 347.485. Protective headgear for use on Type 1 Motorcycles. :
"(1)(a) . . . protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 . . .."

COURT DECISIONS:

"This section requiring motorcyclist to wear protective headgear and Section 346.595 requiring that headlight of motorcycle be lighted whenever the motorcycle is operated are constitutional." City of Kenosha v. Dosemagen (1972) 195 N.W.2d 462, 54 Wis.2d 269.

"Judicial notice would be taken of dangers inherent in the operation of motorcycles as compared to the operation of automobiles." Bisenius v. Karns (1969) 165 N.W.2d 377, 42 Wis.2d 42, appeal dismissed 89 S. Ct. 2033, 395 U.S. 709, 23 L.Ed.2d 655.

"Sole purpose, effect and result of motorcycle safety statutes in question was not to protect the motorcyclists, riders or both against themselves; rather, the statutes concerned or benefited other persons, particularly other users of the public highways; accordingly, enactment of the statutes was not outside the scope of state's police power authority." Bisenius v. Karns (1969) 165 N.W.2d 377, 42 Wis.2d 42, appeal dismissed 89 S. Ct. 2033, 395 U.S. 709, 23 L.Ed.2d 655.

"Safety statutes requiring that motorcycle drivers wear protective helmets and have eye protection, and that motorcycles have untitled handlebars, did not transgress the constitutional or inherent rights of motorcyclists without corresponding benefits accruing to the general welfare; accordingly, enactment of the statutes was not prohibited by either the Federal or State Constitution." Bisenius v. Karns (1969) 165 N.W.2d 377, 42 Wis.2d 42, appeal dismissed 89 S. Ct. 2033, 395 U.S. 709, 23 L.Ed.2d 655.

CURRENT ACTIVITY:

If you know of any current activity regarding efforts to remove or amend Wisconsin'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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