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MANDATORY
MOTORCYCLE HELMET
LAW IN GEORGIA |
STATUTE:
Title
40. Motor Vehicles and
Traffic. Chapter 6.
Uniform Rules of the
Road. Article 13.
Special Provisions for
Certain Vehicles. Part
2. Motorcycles. Section
40-6-315 Headgear and
eye-protective devices
for riders. :
"(a)
No person shall
operate or ride upon a
motorcycle unless he
is wearing protective
headgear which
complies with
standards established
by the Board of Public
Safety. . . ."
FINE:
7/12/00.
The following was copied
from documents relating
to current legislation
before the Georgia
Legislature:
A person failing to
comply with the
requirements of this
Code section, upon
conviction of such
offense, be fined not
more than $15.00; but,
the provisions of
Chapter 11 of Title 17
and any other provision
of law to the contrary
notwithstanding, the
costs of such
prosecution shall not be
taxed nor shall any
additional penalty, fee,
or surcharge to a fine
for such offense be
assessed against a
person for conviction
thereof. The court
imposing such fine shall
forward a record of the
disposition of the case
to the Department of
Public Safety."
STANDARDS:
Title
40. Motor Vehicles and
Traffic. Chapter 6.
Uniform Rules of the
Road. Article 13.
Special Provisions for
Certain Vehicles. Part
2. Motorcycles. Section
40-6-315 Headgear and
eye-protective devices
for riders. :
"(d)
The Board of Public
Safety is authorized
to approve or
disapprove protective
headgear and
eye-protective devices
required in this Code
section and to issue
and enforce
regulations
establishing standards
and specifications for
the approval thereof. The
Board of Public Safety
shall publish lists
of all protective
headgear and
eye-protective devices
by name and type which
have been approved by
it."
NOTE:
The law is contingent on a
"list" adopted
by the Board of Public
Safety. In the absence of
a "list" of
helmets approved by the
Board of Public Safety,
there is no foundation for
a helmet law in Georgia!
COURT
DECISIONS:
"This
Code section is a valid
exercise of police
power." Ritter v.
State, 258 Ga. 551,
372 S.E.2d 230 (1988).
(Note:
This decision has to do
with the limited question
of the State's right to
impose safety regulation
on individuals under the
police powers, and not
on the subject of
unconstitutional
vagueness. In other
words, the definition of
"protective
headgear" is vague;
which means the Georgia
statute requiring
motorcyclists to wear
"protective
headgear" is vague;
which means the Georgia
helmet law is
unconstitutional . . . Ritter
v. State notwithstanding.)
And sure enough...
CURRENT ACTIVITY:
SB
192
- no recent activity
RECENT
ACTIVITY:
SB
192
- 2/14/01 - read in
Senate and referred to
committee. A bill to be
entitled an Act to amend
Code Section 40-6-315 of
the Official Code of GA
Annotated, relating to
headgear and
eye-protective devices
for riders of
motorcycles, so as to
provide an exception
from the protective
headgear requirements of
said Code section for
motorcycle operators who
are 18 years of age or
older and who meet
certain other criteria;
to provide for related
matters; to repeal
conflicting laws; and
for other purposes.
HB
184
- 4/27/01 - Vetoed by
Governor!
- 3/14/01
- The "No
points for
violation" bill
passed the Senate 49
to 3 and goes to the
Governor for
signature.
- 1/12/01
- Motorcycles;
headgear violations;
amend penalty
provision. Basically
a repeat of last
year's SB 342 which
Gov. Barnes vetoed.
The bill provides
that a violation
shall not be a
moving traffic
violation. HB 184
bill info at GA
General Assembly
Website.
RELATED
INFORMATION:
Georgia
- 3/28/00 - SB342 - A
bill to amend headgear
and eye-wear laws, so
certain violations won't
be criminal acts...
Georgia
Court Rules Helmet Law
Vague
- Vagueness of a
criminal law rests on a
constitutional principle
that procedural due
process requires fair
notice and proper
standards for
adjudication.
Bikers:
"4"... Georgia
Helmet Law:
"0"
- by David Dismukes.
Talk about harassment!
David got 4 tics from
the same cop for the
same helmet and all had
been dismissed!
WEBSITES:
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