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NCDMV note.....

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  #11  
Old 02-12-2008 | 09:41 PM
Pric8779's Avatar
Pric8779
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From: NC
Default RE: NCDMV note.....

ORIGINAL: vicks96

came with my plate sticker renewal today.

Important notice of changes to NC motorcycle safety helmet law.......

Effective 1/1/2008 all operators and passengers on motorcycles and mopeds must wear a motorcycle safety helmet of a type that complies with Federal Motor Vehicle Safety Standard 2.8

WHAT TO LOOK FOR IN A LEGAL HELMET:

Thick Inner Liner
FMVSS 218 compliant motorcycle safety helmets will have a firm inner liner of polystyrene foam that is about 1-inch thick. In some helmets this may be covered by a comfort liner, but you can feel the thickness. Non compliant helmets normally contain no liner or a thin soft foam padding.

DOT Sticker
Compliant motorcycle safety helmets will have the symbol "DOT" permanently installed by the manufacturer on the back of the helmet. Some novelty-type helmets are supplied with a separate "DOT" sticker or one can be purchased separately and placed on the helmet by the motorcyclists. This does not make such a helmet compliant.

Manufacturers Label
Each compliant motorcycle safety helmet will have a permanently attached label sewn or glued in the interior of the helmet by the manufacturer that has the manufacturers name or identification, precise model, size, month and year of manufacture, type of shell and liner construction materials and an instruction label for cleaning and care of the helmet.

NOVELTY-TYPE HELMETS ARE NOT COMPLIANT WITH FMVSS 218




I tried to type this as near as identical as possible to the actual note.



OK you got me to take the bait again. This is another venting not directed at anyone on this forum.

Exactly when is it a LAW when it is not in a general statute passed by a vote during a legislative session? Answer...NEVER! The guidementioned is way out of line and needs to be challenged in court. The FMVSS 218 says nothing about thickness of the liner or even that it has to have any liner, PERIOD! Therefore the lack of a liner is not probable cause for a traffic stop. IMO

http://www.bikersrights.com/nhtsa/fmvss218.html

Try this scenario. Say you have a helmet and theDOT symbol is covered or gone for whatever reason.You claim it is FMVSS 218 compliant. The LEO says it isn't and writes the citation. You go to court and make your claim. The burden of proof is now in the hands of the prosecution. Would they not be bound by their own law to send it to the NHTSA to test it? They would surely test your gun if you said it wasn't the one involved in a crime.

Justification: TheDOT symbol was requiredto show manufacturers met a standard and was never intended for proof of anything after initialpurchase nor is there a law forbidding the consumer alter the visibility of the DOT symbol."The National Highway Traffic Safety Administration has a legislative mandate under Title 49 of the United States Code, Chapter 301, Motor Vehicle Safety, to issue Federal Motor Vehicle Safety Standards (FMVSS) and Regulations to which manufacturers of motor vehicle and equipment items must conform and certify compliance.

http://www.nhtsa.dot.gov/cars/rules/import/FMVSS/index.html


I'm done...for now anyway



 
  #12  
Old 02-12-2008 | 10:33 PM
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rebelnc
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From: Sanford, N.C.
Default RE: NCDMV note.....

ORIGINAL: csbreeze

Yea the 1 inch thing is rubbing me raw. My ACC helmet that is DOT has all thelabeling is 5/8 inch and illegal in NC.
Hmmmm...I don't see that it would be a major problem there since theguideline says, "...compliant motorcycle safety helmets will have a firm inner liner of polystyrene foam that is about 1-inch thick." 5/8 inch is about as close to "about one inch" as you can get!
 
  #13  
Old 02-13-2008 | 02:45 AM
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skootchnc
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From: Raleigh NC
Default RE: NCDMV note.....

In response to the new helmet law you have cited, NC CBA/ABATE has created the
Helmet Citation Defense Project. The purpose of this project is to assist
bikers in preparing for court in defense of helmet citations. Among the
products and services available from the project are: information about the
limitations and weaknesses of the law as passed; one-on-one tutoring on what to
expect in court; and, a customized legal brief identifying your individual case
and the legal arguments of your defense (required when pleading not guilty).

http://boltcarolinas.org/[/align]
 
  #14  
Old 02-13-2008 | 05:50 AM
skootchnc's Avatar
skootchnc
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From: Raleigh NC
Default RE: NCDMV note.....

stupid computers......

What I TRIED to do, was cut and paste some information for the NC riders out there....
CBA/ABATE have started a helmet defence project, and if you DO get a ticket, they can help you if you fight it n court, as the law is vauge, and probably won't stand up in court. It is THEIR hope, that enough riders will clog the courts, and get their tickets voided, that the law will be recinded.

BOLT is another political group who are doing similar work

There is a NCHP who patrols in the Sanford area , this officer has been pulling riders over since the law was pass(but before it took effect). Seems there will be subjective enforcement for a while

Frank
 
  #15  
Old 02-13-2008 | 06:08 AM
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FLHTinILM
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Default RE: NCDMV note.....

Excellent post
 
  #16  
Old 02-26-2008 | 10:19 PM
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courterbag
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Default RE: NCDMV note.....


ORIGINAL: js124

I was in randelman,nc one town up from where I live . Stopped for the helmet only . He held use there till we could get a dot helmet . There was three options . Wait till some one brings you one , trailer the bikes home , get a $150 ticket and ride on . It took me a while before I could think of some one who had a dot helmet to bring me . I say it is still bs . I will more than likley end up buying a dot but you can bet your sweet *** it will have a sticker right above the dot sticker in the back that say "f**k the NC helmet law "
Put me down for a couple of the sticker when you find them...
 
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