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Posted on 08/18/2006 12:25:07 PM PDT by martin_fierro
State Motorcycle Helmet Law Ruled Unconstitutional
(BCN) California's motorcycle helmet law has been declared unconstitutionally vague by a Santa Cruz County judge because the California Highway Patrol has not adopted adequate helmet regulations.
Superior Court Judge Michael Barton issued the ruling on Tuesday in the case of Aptos resident Richard Quigley, 61. Quigley received nine citations from Watsonville police and the CHP in 2003 and 2004 for violating the state's helmet law. On all but one of those occasions he was wearing headgear that was embroidered with the letters "DOT," a certification of compliance with federal Department of Transportation standards, according to Barton's ruling.
CHP officers cited him despite the headgear because it did not look like a traditional helmet.
"The only evidence offered against the defendant... were complaints by the prosecution that the headgear looked like a 'typical baseball cap,"' Barton wrote in his ruling.
Barton ruled the law unconstitutional and dismissed all of the citations against Quigley because the CHP has failed to properly define what constitutes a compliant helmet under the law.
"The CHP is the only state agency authorized by the statutes to adopt reasonable regulations establishing specifications and standards for motorcycle safety helmets. The CHP's failure to adopt such regulations, and make them available to the public, has rendered the helmet law statutes void for vagueness as applied," according to Barton's ruling.
A CHP spokesman did not return calls for comment on the ruling.
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1) The guy's an idiot for riding without a helmet, but -
2) The CHP are stupid for not actually adopting and publishing some sort of standard.
Perfect!! >:-}
Cruzio Pingio
The law needs to be amended to exclude Democrat voters from wearing helmets (no head injury could EVER cause brain damage beyond the damage already there).
Hey, she is wearing a legal CA helmet although backwards :>)
I'm all for personal choice and not treating grown adults like children, but if helmets were unsafe why do all the Moto GP racers wear them? Why do Forumla 1 drivers in CARS wear them?
That's a specious argument at best.
I think the main difference is one scenario involves racing where the risk is much, much higher. Your point is well taken however and I am anti helmet law.
most racers in helmets also have neck protection as well. that neck protection is not feasible on the road, as it limits how far you can turn your head.
when racing you don't need to turn your head, you have spotters over the radio.
the usual argument for "unsafe" is vision impairment.
IIRC there has been some research that shows certain types of injuries were increased with helmet use, like collarbone injuries/breaks.
IMO the pros outweigh the cons. I have crashed twice without a helmet, with no dain bramage. I have also crashed with a helmet, and hit the ground with my head.
It is possible that without the helmet my head would not have hit the ground, yet because I had the helmet on my head stayed in one piece.
It's a vicious cycle.
most racers in helmets also have neck protection as well. that neck protection is not feasible on the road, as it limits how far you can turn your head.
I rode bikes for quite a number of years. There is no substitute for the ole "brain bucket". But on the other hand, the liberals keep taking over the ability of the individual to make their own decisions (stupid, or not) which is a continuing effort to give government control over our life and or decisions.
I will take freedom over repression any day.
the post i was replying to made reference to formula1 drivers and helmets. i don't know any motorcycle roadracers, just a couple who drag or do motoX, most wear some kind of neck brace. but all cagers i know that race anything wear them.
You may be right, but it is news to me.
"when racing you don't need to turn your head, "
Yes you do. You look through the turns; just like in all forms of motorcycle riding.
I wear a full-face when I ride and if anything vision is improved by the helmet. No tearing, no bugs in the face, etc.
"IIRC there has been some research that shows certain types of injuries were increased with helmet use, like collarbone injuries/breaks."
Possibly, and I know that by and large you're agreeing w/ me.
A one-vehicle low-speed (25-40) crash can be rendered down to the level of an 'oopsie' that requires only bike repair w/ a helmet and proper gear. That same 25mph crash w/out a lid CAN be fatal.
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