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Our first ever DOT helmet police stop.... yep

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  #91  
Old 05-03-2011, 12:03 AM
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Why is it always the officers' fault when people get stopped? Cops don't make the laws. Sometimes cops don't even agree with some laws. If I thought you violated one of our traffic laws and then found out you didn't upon closer investigation, then have a nice day. You'd be on your way with an apology for delaying you. The same people on here that complain about cops doing their jobs are the same ones that would raise hell if they didn't do their jobs. Hey, I just thought of something. Maybe I can only enforce the ones I agree with and skip all the others. Sure would make my job easier. And I would spend less time in court on my days off. Oh wait, I can't do that. I swore to serve, protect and enforce the laws of my state. Shucks, it was a good idea while it lasted. One piece of advice. If you are pulled over, be polite (don't put it on too thick!), maintain your cool and if you are cited, then take up the issue in court. You probably won't win the debate on the side of the road. If you don't like some laws, get them changed.
 
  #92  
Old 05-03-2011, 11:24 AM
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Originally Posted by Devil Dog
Why is it always the officers' fault when people get stopped? Cops don't make the laws. Sometimes cops don't even agree with some laws. If I thought you violated one of our traffic laws and then found out you didn't upon closer investigation, then have a nice day. You'd be on your way with an apology for delaying you. The same people on here that complain about cops doing their jobs are the same ones that would raise hell if they didn't do their jobs. Hey, I just thought of something. Maybe I can only enforce the ones I agree with and skip all the others. Sure would make my job easier. And I would spend less time in court on my days off. Oh wait, I can't do that. I swore to serve, protect and enforce the laws of my state. Shucks, it was a good idea while it lasted. One piece of advice. If you are pulled over, be polite (don't put it on too thick!), maintain your cool and if you are cited, then take up the issue in court. You probably won't win the debate on the side of the road. If you don't like some laws, get them changed.
Isn't that what happens every time a cop lets off another cop for something he would have cited anyone else (selective enforcement). You can't tell me that isn't common practice by many leos.
 
  #93  
Old 05-03-2011, 11:45 AM
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Originally Posted by Phrogman
Actually, you can't make the statement that skid lids don't meet or exceed any of those three standards. That's too broad of a generalization and in order to test the helmet, we'd be destroying the helmet. Some skid lids probably actually do exceed them, especially the carbon-fiber ones.
While some might, there's nothing about carbon fiber which would alter the results. The tests check primarily for deceleration of the headform. In a helmet carbon fiber is more for appearances and lightness, not for protection.

Since I'm not an engineer, if I go to a store to buy a helmet and I pick one up that says it meets FMVSS 218, how do I know it is legal by this law?
You don't. But its your responsibility to know the law and know that what you're doing is legal, and you're on the hook if it turns out what you did was illegal.

Speaking of, DOT doesn't issue equipment standards, so the VA law is unenforceable again.
Note the use of the word "or" in the statute, bolded for emphasis:

"...the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation..."

If one of them does not publish "standards" or "specifications", that doesn't negate the fact that the others do.

Regardless, DOT does, in fact, publish standards and specifications regarding helmets. They are found within FMVSS 218, published by the NHTSA, which is itself part of the DOT:

http://edocket.access.gpo.gov/cfr_20...cfr571.218.pdf

Now, helmet manufacturers do put DOT stickers on their helmets but that sticker doesn't actually mean anything from a legal standpoint other than it is a requirement of FMVSS 218 which VA law doesn't require.
Virginia law requires that the helmet "...meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation." FMVSS 218 contains DOT's standards and specifications for helmet construction. This means that the helmet must meet or exceed either FMVSS 218 (DOT) or Snell's standard or ANSI's standard or any combination of these as long as it, at a minimum, meets one of the three.

Can manufacturers throw improper labeling on their helmet? Sure. But it opens them up to liability claims if it turns out that the helmet was less protective than the labeling implied.

If you argue that the manufacturer should affix a label stating that it meets Snell, ANSI, FMVSS 218, etc...well technically I could do that too and no cop on the planet could prove me wrong on the side of the road. He'd have to have it tested, which again would destroy the helmet. Even then, all I have to say is it was there when I bought it. You can't hold me accountable unless you could somehow prove that I put the label in there.
"I didn't know I wasn't in compliance" doesn't necessarily win in actual court. It really depends on how sympathetic the judge is. He might believe that you were ignorant and let you get away with it, or he might side with personal responsibility and hold you to the law. It's kind of a crap shoot on this one.
 
  #94  
Old 05-03-2011, 12:07 PM
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[quote=osirisdean;8265891]you beat me to it. that's exactly how i feel about this. nanny laws suck, but you cant get mad at a cop for upholding the law, that's his job.

Until we become like China and Russia and our careers are chosen for us, I CAN and WILL blame the cop. HE chose a career that he KNEW would force him to harass citizens on a daily basis. Don't ask me to be sympathetic because he is "doing his job". Get over the power trip and find a job that requires actual skill sets instead of a job that allows you to use a badge as an excuse to abuse authority. Coincidentally, I also blame the tank driver in Tiananman Square (even though he was doing his job) and the IRS man for that matter. You want to be respected find a profession worthy of respect!
 
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