but this can help-


Therefore, in order for a law to be constitutional, an average person of reasonable intelligence must be able to answer the following question: “What is Federal Motor Vehicle Safety Standard (FMVSS) 218, and how can I ensure that I comply with it?” Having reviewed FMVSS 218 criterion and procedures, we find that:

a) FMVSS 218 is a manufacturing standard understood only by engineers and the industry;
b) FMVSS 218 is not a consumer law;
c) The average person of reasonable intelligence cannot possibly ensure compliance, and;
d) Law enforcement officers are not capable of roadside testing of safety helmets to ensure compliance.
Therefore, on behalf of the motorcycling community of North Carolina CBA/ABATE of NC respectfully requests:

If you have been cited for a helmet violation, please take your citation to court and defend yourself against this vague, unenforceable, discriminatory and dangerous law. CBA/ABATE of NC has developed a team of freedom loving individuals who are willing to help you prepare for a court appearance.

 

I posted earlier what a Trooper told me on another thread. Helmet must have DOT sicker or under enamuel on the back, on the inside it must have (model, manufacter, DOT and FS what ever 218, size), and must have 1 inch of foam around your head. I do not know the penalty. All the above requirements good luck on finding one with the inside the helmet information. Also the trooper said the law could be interpretated differently by another police officer. So in short its poorly written. Great JOB Governer Easley.

 

I personally use a Harley helmet- altho my sicker is OVER the gloss.....HOWEVER....there is a tag inside which reminds me of one of those tags on your pillow ot mattress- "DO NOT REMOVE UNDER PENALTY OF LAW"- that is ewn in and says everthing any wonderful NC LEO could want

 

It's not a fine - It's entertainment tax.[sm=bustedsign.gif]

 

In Alberta Canada it also has to have date it was manufactured with size. The 1 inch foam thing is applied as well. The big give away here and the first thing they look at if they think it's illegal it the fastener. Has to be made of steel. The plastic clip is the first give away.

I had one helmet that had 1/2 inch of foam and a CPU generated dot sticker. It had a steel D-ring as well. One cop said it looked good to him. 2 weeks later another said no. When I told him the first officer said it was good, he told me he was a helmet expert. I told him he should be a crime expert. Long story short, 3 tactical squadcop cars, 1 police truck, 6 officers, blocking 2 lanes of traffic. 3 $115 fines ( no points) Had to call a cab to go home and get 3 legal helmets. They hold the helmets for 90 days. If you show up with the copy of the paid ticket or receipt, they have to give you your helmet back. If not, they crush them.

One province westward, British Columbia, The police are not allowed tomake you show them your helmet. It's part of your personal Chattel (sp?) Like asking what type of leather jacket your wearing. You could almost ride around with a salad bowl on your head and get away with it. At least it was this way 2-3 years ago?? They do have a better Bikers Rights group with better lawyers there.

 

Seconding that the cops don't seem to say much here in BC as long as you've got some kind of helmet on your head.

 

http://www.bikernet.com/news/

About half way down this page is peice on NC Helmet laws.

 

Sorry for the long read, but to get the facts straight, there is no way to give a Readers Digest version of this. There has been a lot of misinformation spreading like wildfire on this for some time now. Yesterday (1-30-08), I contacted the NC House Representative for my county (Mr. Mitchell Setzer). He was very helpful in providing me with the ACTUAL law as passed. It’s :

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007


SESSION LAW 2007-360
HOUSE BILL 563

The section concerning helmets reads:

"§ 20‑140.4. Special provisions for motorcycles and mopeds.
(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:
(1) When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.
(2) Unless the operator and all passengers thereon wear (safety helmets of a type approved by the Commissioner of Motor Vehicles)(THIS PORTION IN BLUE WAS STRICKEN FROM THE BILL PASSED, BUT HDF TEXT WON'T LET ME PUT A STRIKE THROUGH IT).on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.
(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.
(c) Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S.20‑135.2A(e) and (f)."

************************************************** *********

FMVSS 218 is as Lady Deluxe pointed out a design, engineering, quality specification. IT IS NOT A LAW. Here is the section on labeling from that spec:

S5.6 Labeling.
S5.6.1 Each helmet shall be labeled permanently and legibly, in a manner such that the label(s) can be read easily without removing padding or any other permanent part, with the following:
(a) Manufacturer's name or identification.
(b) Precise model designation.
(c) Size.
(d) Month and year of manufacture. This may be spelled out (for example, June 1988), or expressed in numerals (for example, 6/88).
[size=3][font="times new roman"](e) The symbol DOT, constituting the manufacturer's certification that the helmet conforms to the applicable Federal motor vehicle safety standards. [u]This symbol shall appear on the outer surfa

 

one small edit ..........

delete the words "safety helmets of a type approve by the Commissioner of Motor Vehicles"

 

Don't do the stiker, they are looking for it. I had to hang up my SKID LID when I came home for R&R from the sand box, that was my Xcuse.

BIg Lou