NC helmet law penalty..
#31
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You folks in NC should also check to see if the helmet law is something that can be enforced alone. There's a term that I can't remember right now for offenses you can be pulled over for vs. those that are 'secondary'. Here in CA, during the first years of the seatbelt law, a driver couldn't be pulled over JUST because he didn't have a seatbelt on, but if you were pulled for speeding, the LEO could add that offense to the citation.
If helmets are not a 'primary' offense, LEOs can't pull you over just for that. That would be an argument for the court room.
If helmets are not a 'primary' offense, LEOs can't pull you over just for that. That would be an argument for the court room.
#32
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We had a Ladies Garage Nite at our local HD shop last night. It was pretty informative and included massages and a wine tasting too (required too many trips back and forth[:@]). Lets see back on subject now......our local Sheriffs dept attended and gave us a brief rundown on the new helmet law as they see it.........needs to have the dot sticker and meet the thickness requirements, if it is a cranial cap as they referred to it -- you get a $25 ticket along with a $75 court cost. No points or anything like that - same as a seat belt violation. They also said it is not just targeted at the motorcycles - they will be pulling/ticketing mopeds and scooters that do not meet these requirements also. They did comment that the "electric" scooters are skirting this new law. So maybe if our Harleys are 'lectric we may have some grounds to fight now! [sm=signs007.gif]
#34
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Thought ofsomething else...Keep in mind- DOT does NOT "certify" helmets. They provide specs for helmet manufacturers to meet. That's what is quoted above.
One of the problems here in CA is our Highway Patrol, who is responsible for making some decisions, has NO list or guidelines on what a "legal" helmet is. They would be the agency to determine that, but because they would have to invent standards, then test every single helmet on the market using tests they would also need to invent, they can't do it. There would have to be an entirely new bureaucracy to do all that. We, and "they", rely on the manufacturers to tell us if their helmet meets DOT guidelines, but here, anyway, ANYONE can 'claim' any helmet they made in their garage meets DOT guidelines. The CHP, again, has NO LIST of what IS legal, and what isn't.
NCers, check your Motor Vehicles department for any and all laws or codes on helmets, then check to see if counties, cities, etc. can go over and above those. You may well find that NC doesn't list "legal" or "illegal" helmets, either.
One of the problems here in CA is our Highway Patrol, who is responsible for making some decisions, has NO list or guidelines on what a "legal" helmet is. They would be the agency to determine that, but because they would have to invent standards, then test every single helmet on the market using tests they would also need to invent, they can't do it. There would have to be an entirely new bureaucracy to do all that. We, and "they", rely on the manufacturers to tell us if their helmet meets DOT guidelines, but here, anyway, ANYONE can 'claim' any helmet they made in their garage meets DOT guidelines. The CHP, again, has NO LIST of what IS legal, and what isn't.
NCers, check your Motor Vehicles department for any and all laws or codes on helmets, then check to see if counties, cities, etc. can go over and above those. You may well find that NC doesn't list "legal" or "illegal" helmets, either.
#35
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ORIGINAL: went_postal
And I don't think my Shoei has anything on the inside specifying it is a DOT either... I
And I don't think my Shoei has anything on the inside specifying it is a DOT either... I
#36
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I also asked "What if I do not show you my helmet"? He told me I could be charged with "failure to obey a peace officer". The bike would be towed. He told me if he thought it was illegal, I didn't prove him wrong, let me ride away, and got into an accident, he could be held responsible for me turning myself into a vegetable. (Sued by my family or myself)
The DOT or Snell 85 or whatever, doesn't have to be on the outside of thehelmet. The tag inside with Manufacture, size, and date made has to be there. Even with a sticker there, he could ask. People are pretty good with Cpu's. Nothing to make a bogus one. When they asked where I got it from, I just told him " Some guy" or "internet" just so he wouldn't go busting my Indy's *****. My Indy has a sign up and the novelty helmets separate from legal one. Kind of takes the onus and litigation off his shop.
The DOT or Snell 85 or whatever, doesn't have to be on the outside of thehelmet. The tag inside with Manufacture, size, and date made has to be there. Even with a sticker there, he could ask. People are pretty good with Cpu's. Nothing to make a bogus one. When they asked where I got it from, I just told him " Some guy" or "internet" just so he wouldn't go busting my Indy's *****. My Indy has a sign up and the novelty helmets separate from legal one. Kind of takes the onus and litigation off his shop.
#37
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I just checked my favorite helmet. It is the skid lid design in a DOT helmet. It was made in January 2003. It does not have the tag for FMVSS 218. It should be legal. It does have a DOT sticker on the back, but it not under paint. I bought it as a legal DOT helmet. I guess it wouldn't pass muster in NC right now. I was planning a trip to Ashville, NC this spring but I am not so sure now.
Tnicean
Tnicean
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