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[spydglide]

NC has a new helmet law that goes into effect in 2008......seems to attempt to clarify that bikers wearing the small beanie type helmets will start to be ticketed.  I've heard different things concerning the enforcement, but might need to keep this in mind while riding through this state or at MV'08 GTG.  spyder

[Fired00d]

Spyder,
Do you know when they will start enforcing?

 
Ride Safe,
Fired00d
 

[Twolanerider]

Spyder,
Do you know when they will start enforcing?

 
Ride Safe,
Fired00d
 

"On 19 July 2007, the North Carolina General Assembly ratified HB 563 which included a section requiring all riders and passengers on motorcycles to wear USDOT FMVSS 218 safety helmets as standard safety equipment. The Governor signed the bill into law and it becomes enforceable in January 2008."



Copied from the leg. register.

[SBB]

"On 19 July 2007, the North Carolina General Assembly ratified HB 563 which included a section requiring all riders and passengers on motorcycles to wear USDOT FMVSS 218 safety helmets as standard safety equipment. The Governor signed the bill into law and it becomes enforceable in January 2008."



Copied from the leg. register.

Whats the fine?
Anyone know?

    

[Twolanerider]

Whats the fine?
Anyone know?

    

The new statute seems to only clarify the definition of acceptable helmets.  In the brief read I did I saw no new penalties within the statute.  If that's correct the old penalties look to be:

Drivers/operators are subject to a fine of $25 plus $75 court costs. Passengers are subject to a fine of $10 and no court costs.

[spydglide]

Whats the fine?
Anyone know?

    

Chip, word around is that it's $150 and you have the scooter hauled or have someone bring you a 'legal' helmet to ride it off.   aaaarrgh.   >:(spyder

[Fired00d]

Whats the fine?
Anyone know?

    

§ 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.
(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). (1973, c. 1330, s. 6;
1989, c. 711, s. 1.)

20‑135.2A.  (See Editor's note) Seat belt use mandatory.

(a)       Except as otherwise provided in G.S. 20‑137.1, each occupant of a motor vehicle manufactured with seat belts shall have a seatbelt properly fastened about his or her body at all times when the vehicle is in forward motion on a street or highway in this State.

(b)       Repealed by Session Laws 2006‑140, s. 1, effective December 1, 2006.

(c)       This section shall not apply to any of the following:

(1)       A driver or occupant of a noncommercial motor vehicle with a medical or physical condition that prevents appropriate restraint by a safety belt or with a professionally certified mental phobia against the wearing of vehicle restraints;

(2)       A motor vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier and a motor vehicle operated by a newspaper delivery person while actually engaged in delivery of newspapers along the person's specified route;

(3)       A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle if the speed of the vehicle between stops does not exceed 20 miles per hour;

(4)       Any vehicle registered and licensed as a property‑carrying vehicle in accordance with G.S. 20‑88, while being used for agricultural purposes in intrastate commerce;

(5)       A motor vehicle not required to be equipped with seat safety belts under federal law; or

(6)       Any occupant of a motor home, as defined in G.S. 20‑4.01(27)d2, other than the driver and front seat passengers.

(d)       Evidence of failure to wear a seat belt shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section or as justification for the stop of a vehicle or detention of a vehicle operator and passengers.

(d1)     Failure of a rear seat occupant of a vehicle to wear a seat belt shall not be justification for the stop of a vehicle.

(e)       Any driver or front seat passenger who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of twenty‑five dollars ($25.00) plus court costs in the sum of seventy‑five dollars ($75.00). Any rear seat occupant of a vehicle who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of ten dollars ($10.00) and no court costs. Court costs assessed under this section are for the support of the General Court of Justice and shall be remitted to the State Treasurer. Conviction of an infraction under this section has no other consequence.

(f)        No drivers license points or insurance surcharge shall be assessed on account of violation of this section.

Looks like it will be $100.00 w/no points against your license.

 
Ride Safe,
Fired00d
 

[Twolanerider]

Chip, word around is that it's $150 and you have the scooter hauled or have someone bring you a 'legal' helmet to ride it off.   aaaarrgh.   >:(spyder

Dammit.  None of the little report in the register mentioned changes to the penalty side.  Now I'll have to find full text of the new statute.

[spydglide]

§ 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.
 
Ride Safe,
Fired00d
 

This sounds like the old law that has now been amended.....the reason the law has not been enforced in the past years is because there was no 'list' of specific helmets that met the noted qualification, so everyone was 'beating' the tickets if they contested them.  Now, they're trying to shore it up but most are saying it's still too ambiguous to hold up if contested.  We'll see, I guess.  spyder

[Fired00d]

Here is the standard they are going by now - FMVSS218.

 
Ride Safe,
Fired00d
 

[spydglide]

Here is the standard they are going by now - FMVSS218.

 
Ride Safe,
Fired00d
 

So what you're telling me is that if I want to continue to wear the helmet pictured on the left, I've got to permanently affix a DOT sticker done in letters 1cm in height?   OK, just trying to do the right thing.  har!  spyder

[Fired00d]

Didn't read the law/standard just saw reference that was the standard. I'll have to measure the DOT sticker on my beanie now.

 
Ride Safe,
Fired00d
 

[Mr. We]

Laws on helmuts in Virginia as posted on Virginia Wind web;

You are not violating Virginia law if you ride with a Non-DOT Helmet
By J. Thomas McGrath, Attorney


I am frequently asked by riders what to do if they are stopped for wearing an "illegal helmet." By illegal they always mean that the helmet is not DOT certified. My answer is always the same. Your helmet is perfectly legal in Virginia.
....................
Therefore, the mere fact that your helmet does not have a sticker on it does not render it illegal, nor does it give an officer the right to pull you over or ticket you. However, if one does, do not argue, be polite and take the ticket. This is a battle to fight in court, not on the side of the road.

[Break-In]

Good to know for both states

[Jock]

Thanks for the heads up.....shhhhhh...did you hear that?

That was the sound of our freedom being taken from us.  Countries were built upon less than that measure.