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Helmet
Laws in Pennsylvania
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AGE
REQUIREMENT MOTORCYCLE
HELMET LAW IN
PENNSYLVANIA |
STATUTE:
Title
75. Vehicles. Part III.
Operation of Vehicles.
Chapter 35. Special Vehicles
and Pedestrians. Subchapter
B. Special Rules for
Motorcycles. Section 3525.
Protective Equipment for
Motorcycle Riders. :
"(a)
Protective
Headgear.--Except as
provided in subsection
(d), no person shall
operate or ride upon a
motorcycle or a
motor-driven cycle (other
than a motorized pedal
cycle) unless he is
wearing protective
headgear which complies
with standards established
by the department. . .
."
FINE:
The
fine itself is $25.00. BUT,
we have court cost, CAT fund
and other add-ons that
brings the total up to
$92.00. $67.00 worth of
extras that get paid on any
fine, be it helmet or
speeding ticket."
STANDARDS:
Title
75. Vehicles. Part III.
Operation of Vehicles.
Chapter 35. Special Vehicles
and Pedestrians. Subchapter
B. Special Rules for
Motorcycles. Section 3525.
Protective Equipment for
Motorcycle Riders. :
".
. . (c) Approval of
equipment.--The department
may approve or disapprove
protective headgear and
eye-protective devices
required under this
section and may issue and
enforce regulations
establishing standards and
specifications for the
approval of the headgear
and devices. The
department shall publish lists
of all protective
headgear and
eye-protective devices by
name and type which have
been approved. . . ."
COURT
DECISIONS:
"Statute
requiring that helmet be
worn while operating
motorcycle but not while
operating automobile or
pedal cycle did not deny
motorcyclist equal
protection of laws in light
of additional protection
afforded automobile drivers
by enclosed vehicles, and
reduced risk to pedal
cyclers because of lower
maximum speed." Com.
v. Kautz, 491 A.2d 864,
341 Pa.Super. 374,
Super.1985, appeal denied.
"Statute
requiring helmets to be worn
while operating motorcycle
was reasonably related to
state's interest in
controlling access to
highways, and was thus not
an unconstitutional exercise
of state's police
power." Com. v.
Kautz, 491 A.2d 864, 341
Pa.Super. 374, Super.1985,
appeal denied.
"Statute
requiring helmet to be worn
while operating motorcycle
was not unconstitutionally
vague for requiring that
helmets comply with
standards promulgated by
Department of
Transportation." Com.
v. Kautz, 491 A.2d 864,
341 Pa.Super. 374,
Super.1985, appeal denied.
"Promulgation
of motorcycle helmet
standards by Department of
Transportation represents
constitutional delegation of
authority." Com. v.
Kautz, 491 A.2d 864, 341
Pa.Super. 374, Super.1985,
appeal denied.
CURRENT
ACTIVITY:
Sept
5 - 7 2003
- Freedom Ride from MA to
PA to celebrate PA's Adult
Freedom of Choice WIN and
to promote awareness for
Freedom of Choice for ALL
riders in MA, CT, NY and
NJ.
July
6, 2003 - HB 152
- Governor Ed Rendell
signed Senate Bill 259, a
bill to modify
Pennsylvania's 35-year-old
mandatory helmet law. The
law will take effect in 60
days.
Motorcyclists in
Pennsylvania who are 21
years of age or older with
two years riding
experience or who have
successfully passed the
Motorcycle Safety Program
can to ride helmet less.
Passengers that are 21
years of age or older may
exercise their choice in
the use of a helmet too.
Dec
9, 2002 - HB 152
- repeals its handlebar
height law effective
2/7/03. HB 152 amends
Vehicle Code § 3524,
which required handlebars
be no higher than shoulder
height. The new law also
adds that all bikes built
after 1973 must have
headlights on day and
night.
RELATED
INFO:
Apr
21, 1999 - SB 241
- A clean bill which did
not modify the need for
eye protection was
introduced in the PA
Senate in 1999 and voted
on in April 1999. It was
defeated by a vote of 26
- 24 when two Republican
co-sponsors, Brightbill
and Rhoads, jumped ship
and voted against the
bill.
Another
clean bill was
introduced in the PA
House by Rep. Forcier
and sits smothered in
the Transportation
Committee where it will
never be voted out onto
the floor for a vote.
Our only hope is to
amend a bill in the
House with our language
that already has Senate
approval. This will not
happen before the
November election.
Feb.
1, 1999
- Pennsylvania introduces
twin helmet mod bills -
House Bill 568 (Rep Teresa
Forcier) with 73
co-sponsors and SB 241
(Senator Clarence Bell)
with 18 co-sponsors. SB
241 was introduced to the
Senate Transportation
Committee on 2/1/99, which
reportedly has Governor
Tom Ridge's approval after
vetoing last year's mod
bill (SB 279), because in
addition to modifying
mandatory helmet use for
adults, inadvertently
included eyewear too.
Penn
Governor Vetoes Helmet Mod
Bill SB 279
- After passing the house
and senate, the governor
vetoed SB 279, because the
bill language made both
helmets (sec. a) and
protective eyewear (sec.
b) optional over 21.
Eyewear was not listed,
nor the intent, of the
original bill. How it got
into the bill and why no
one took it out is now the
subject of much heated
debate. Eye protection
being essential, having a
bill that makes it
optional is an obvious
Achilles Heal. Perhaps
ABATE was afraid to
re-amend the bill for fear
of bringing too much
attention to it.
Regardless, leaving
section b in assured the
bill's death.
Pennsylvania
Modifies Helmet Law SB 279
- After 30 years PA's
legislature voted 27 to 22
(12 Dems + 15 Reps) to
modify its lid law to 21
with 2 years riding
experience, no additional
insurance. There are now 5
states with no helmet law,
26 with partial or
modified laws and 22 still
with mandatory laws for
all.
Pennsylvania
- SB 516 passed Senate
Trans & Appropriations
& now awaits floor
vote.
Pennsylvania
House
- 134-62 (9/29) to grant
adult riders freedom of
choice. HB 43 was amended
to S.279 and returned to
the Senate for a
concurrence vote and then
goes to Gov. Tom Ridge for
signature.
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