How do you spell Ridiculous, ????

[Jacine]

Winston-Salem Journal editorializes in favor of North Carolina's helmet law, but says existing statute mandates riders to have a legally nonexistent helmet.
Since feds do not certify any helmet as passing standards, how can riders be sure?

Motorcyclists have a legitimate complaint regarding the latest state effort to protect their heads - a mandate to wear a helmet that doesn’t legally exist...
...While some disparage [helmet] laws as nanny-statutes, we do not. Considering how expensive head-injury treatment is and that such expenses are paid by society at large - either through private insurance or government subsidy - the state has an interest in mandating helmets.
But, when the General Assembly mandates the wearing of a particular kind of helmet, it has an obligation to riders to define clearly what it is requiring. A state law passed last summer, which went into effect on Jan. 1, does not meet that obligation. The state law says the helmets must meet federal safety standards. Anyone apprehended without such a helmet can be issued a ticket.
Here’s the problem for motorcyclists: There’s no federally approved list of the helmets that meet those standards. Nor is there federal testing of helmets to guarantee that any particular helmet meets federal safety standards.
The federal government has issued standards but leaves it to manufacturers to test their products against those standards. The manufacturers can then attach a sticker to their helmets saying that they meet federal standards. Of course, it is not out of the realm of possibility that someone might place such a sticker on a helmet that does not meet the standards.
So, here is where motorcyclists stand: They are required to wear a helmet that meets federal standards, but the federal government won’t tell them which helmets comply. Private manufacturers, who may or may not be telling the truth, may place a compliance sticker on their products. If a motorcyclist gets pulled by an officer who determines that the helmet, sticker or no, does not meet the standards, a ticket may be issued.
This reads too much like something Franz Kafka would have written in one of his novels...

Needless to say there is a load of new laws on the books in various states that are progressively limiting the use of two wheeled vehicles to the point of... well what's the point? Anyone know?

[leo]

jacine said:

Here’s the problem for motorcyclists: There’s no federally approved list of the helmets that meet those standards. Nor is there federal testing of helmets to guarantee that any particular helmet meets federal safety standards.

then where does a "DOT approved" helmet come from?

related to that:
who tests seat belts? airbags?
i believe its the private sector that tests both of those. not sure though.

[Jacine]

The private sector generally one self good behavior tests their products and says they meet or exceed government standards. Snell charges a "royalty" fee for the use of their sticker so many helmets that may meet snell don't bother testing. Anyways the snell 2010 standards that are replacing the current snell standards mean that no snell helmet currently meets the standard. There is nothing that prevents someone from manufacturing their own DOT sticker and gluing it on the helmet and there is nothing currently that prevents police from deciding that blue helmets are safer than red. You would think that a state, if they are going to make a law, would do some research.

[leo]

this is one good thing about a republic.
just because the government says something, that does not make it a law. the states must ratify it before it becomes one.

i know this much, if i do a face plant on pavement at about 30mph it will be alot easier on me if i had a "DOT approved" full face helmet than to have my face sandpapered off.

side note:
indiana has a no helmet law. it's not a requirement to wear one unless you have a MC permit.

[earlwb]

Yeah the states are always passing ill conceived laws that conflict with the Federal laws. It makes you wonder what their aides are doing instead of making sure they don't have a conflict there.

[lewtwo]

>> If a motorcyclist gets pulled by an officer who determines that the helmet, sticker or no, does not meet the standards, a ticket may be issued. <<

Correct me if I am wrong, but the burden of proof rests with the state. Thus for the matter to hold up in court the officer must prove the helmet does not meet the required standard ... particularly difficult if it has a factory sticker saying ti does meet the standard. Accepting the officer's opinion of the the quality is arbitray and capricious.

[Jacine]

lewtwo said:

>> If a motorcyclist gets pulled by an officer who determines that the helmet, sticker or no, does not meet the standards, a ticket may be issued. <<

Correct me if I am wrong, but the burden of proof rests with the state. Thus for the matter to hold up in court the officer must prove the helmet does not meet the required standard ... particularly difficult if it has a factory sticker saying ti does meet the standard. Accepting the officer's opinion of the the quality is arbitrary and capricious.

True, but don't we have other things more important than spending time defending frivolous claims.

[Geronimo]

I'm only half serious when I say, that because two-wheelers are able to save a ton of $$$ on gas, maybe its a conspiracy to keep them sidelined. It prevents the oil companies from making all that dough and it keeps the government from making all the tax money from the gas.

[Jacine]

I know, it just doesn't make any sense. They are hitting the two wheeled industry hard, yet blowers and lawnmowers produce the more emissions and are more numerous. Are they going to test weed wackers every two years so they can license them? I can just see putting ecms into a leaf blower or a chain saw.

[Geronimo]

Just like the old bumper sticker says "Don't steal, the government hates the competition". If they can't have control and there's a buck to be made they will weasel their way in until they get what they want. They don't care who they step on. I personally feel the country is in the state it is because the government a) can't make the right decisions (too many chiefs and not enough indians), and b) there is no leadership. Two-wheelers are actually helping the environment more than they are willing to admit. I wish just once we could get someone into office that cared and had a brain. They can have my two wheeler when they pry it from my cold dead fingers.

[tomtom]

It's already happened, Jacine. Several weeks ago, I bought a small 6.5 HP engine from Harbor Freight. The manual says, in part, "Within the United States, new off-road, spark-ignition engines certified for model year 1997 and later, must be designed, built and equipped to meet the stringent anti-smog standards set forth by the EPA." This was just a raw engine, not attached to any particular application.

[Jacine]

And they really think this is going to stop pollution?

[termite]

It's about control.

Socialism(from the far left) and Facism(from the far right) are two faces of the same coin.

[Jacine]

Or the ultimate in competence.

[Dennis D]

As in getting trains to run on time?