Racey
Maxwell Smart-Ass
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I just got a HD and was checking out which states require helmets and which don't. Upon my search i stumbled across some very interesting stuff regarding helmet laws in states that require them, especially Nevada where I'm from. I've found nearly all other helmet law states to have adopted nearly identical procedure.
The issue is regarding DOT approved helmets vs so-called 'Novelty' helmets. Apparently Nevada like most other states has absolutely no description of what makes a helmet DOT approved and instead relies on the federal '§571.218 Standard No. 218' since the Nevada DOT does absolutely no DOT certification of any helmets. It turns out the federal DOT does not either.
Here is Nevada's entire section on motorcycle helmets straight of the NRS .gov website
The federal Department of Transportation does NO official certification of ANY motorcycle helmets. All DOT certified helmets are done solely on the honor system at the manufacturers discretion, to quote an article on the subject:
Basically the only certainty you have of any helmet passing the DOT certification is to perform destructive testing on it. The only way LEO can write a citation that will hold up in court is if the helmet doesn't have 3 stickers on the back (mfg/model # ; DOT ; date of mfg) Any citation written for a helmet displaying those 3 items will almost always be dismissed by the District Attorney once presented with the proper documentation of the applicable laws because it's a losing case for them, Since the average citizen can only take the word of what information is printed on the helmet. With no official certification there is no way to prove or disprove a helmet is or is not DOT certified.
as long as your 'protective headgear' (helmet) has those three things you are good to go.
This to boot, from an email exchange between a rider that was forced to park his bike in the middle of the nevada desert until such time that he came back to ride with a proper DOT helmet
Here are pics of the bike and me at Goffs Rd 'Oasis' :smackhead on my maiden voyage when i picked it up.
The issue is regarding DOT approved helmets vs so-called 'Novelty' helmets. Apparently Nevada like most other states has absolutely no description of what makes a helmet DOT approved and instead relies on the federal '§571.218 Standard No. 218' since the Nevada DOT does absolutely no DOT certification of any helmets. It turns out the federal DOT does not either.
Here is Nevada's entire section on motorcycle helmets straight of the NRS .gov website
NRS 486.231 Protective headgear and glasses: Standards; when use required.
1. The Department shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.
2. Except as provided in this section, when any motorcycle, except a trimobile or moped, is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting those standards. Drivers and passengers of trimobiles shall wear protective glasses, goggles or face shields which meet those standards.
3. When a motorcycle or a trimobile is equipped with a transparent windscreen meeting those standards, the driver and passenger are not required to wear glasses, goggles or face shields.
4. When a motorcycle is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.
5. When a three-wheel motorcycle on which the driver and passengers ride within an enclosed cab is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.
(Added to NRS by 1971, 1469; A 1973, 1194; 1975, 1083; 1979, 857; 1985, 1959)
NRS 486.241 Protective headgear and glasses: Sale or distribution.
1. A person shall not sell, offer for sale or distribute any protective headgear, glasses, goggles or face shields for use by any drivers or passengers of motorcycles or transparent windscreens for motorcycles unless the equipment is of a type and specification meeting the standards therefor adopted by the Department.
2. The provisions of this section do not prohibit the sale of protective headgear, glasses, goggles or face shields which comply with the rules and regulations adopted by the United States Department of Transportation.
(Added to NRS by 1971, 1469; A 1985, 1960)
The federal Department of Transportation does NO official certification of ANY motorcycle helmets. All DOT certified helmets are done solely on the honor system at the manufacturers discretion, to quote an article on the subject:
http://www.mxdirtrider.com/h-resources/s-about-Dot-helmets.htm
DOT Approved Helmets
How can you tell a helmet is DOT approved? Typically a sticker on the rear of the helmet with the letters "DOT."
How does the DOT monitor compliance with FMVSS 218? Would you be surprised to learn it's based on the honor system? Yes, you read that correct. The government relies on the manufacturer's word that the helmet was tested and passed!
Does the government do any testing? Yes, they do very, very limited testing of helmets. How limited? In 2001, they tested 40 helmets. Under the honor system, we shouldn't have to test any helmets.
What if a helmet fails? They publish the data and rely on the manufacturer to bring the product into compliance. In 2001, 20% of the tested helmets failed the performance tests. Helmets manufactured by AFX, Fulmer, HJC, M2R, NEXL and THH. At a 20% failure rate, do you think there are others out there that might fail the performance test?
DOT FMVSS 218 Standard Summary:
Developed 28 year ago.
Very, very limited testing.
Based on the honor system.
Basically the only certainty you have of any helmet passing the DOT certification is to perform destructive testing on it. The only way LEO can write a citation that will hold up in court is if the helmet doesn't have 3 stickers on the back (mfg/model # ; DOT ; date of mfg) Any citation written for a helmet displaying those 3 items will almost always be dismissed by the District Attorney once presented with the proper documentation of the applicable laws because it's a losing case for them, Since the average citizen can only take the word of what information is printed on the helmet. With no official certification there is no way to prove or disprove a helmet is or is not DOT certified.
as long as your 'protective headgear' (helmet) has those three things you are good to go.
This to boot, from an email exchange between a rider that was forced to park his bike in the middle of the nevada desert until such time that he came back to ride with a proper DOT helmet
http://www.usff.com/hldl/frames/50state.html
I have yet to see a legitimate statistical analysis that supports the contentions of those who believe that wearing a helmet makes riding a motorcycle safer. The figures cited in the AG's Opinion are bogus. At best, misstatements, but nonetheless bogus. When California's helmet law came into effect in 1992, our research shows that the number of riders wearing helmets increased from 50% to 99.999999%; the number of deaths per 100 accidents remained virtually the same; the number of miles traveled by motorcycle dropped 40% over the year before, but the total number or deaths only dropped 35%; and the number of broken necks went up 800%. (All but the miles traveled figures came from the CHP.)
Here are pics of the bike and me at Goffs Rd 'Oasis' :smackhead on my maiden voyage when i picked it up.
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