AGE
REQUIREMENT MOTORCYCLE
HELMET LAW IN SOUTH
DAKOTA
STATUTE:
Title
32. Motor Vehicles. Chapter
32-20. Motorcycle
Regulation. Section 32-20-4
Protective helmet required
for minor -- Violation a
misdemeanor. :
"No
person under eighteen
years of age may operate
or ride upon a motorcycle
on the public streets or
highways of this state
unless the person wears a
protective helmet of a
type meeting department of
transportation motor
vehicle safety standard
218 as in effect on
January 1, 1984. No person
may operate a motorcycle
with any person under the
age of eighteen as a
passenger if the passenger
is not wearing a
protective helmet. . .
."
FINE:
Title
32. Motor Vehicles. Chapter
32-20. Motorcycle
Regulation. Section 32-20-4
Protective helmet required
for minor -- Violation a
misdemeanor. :
".
. . A violation of this
section is a Class 2
misdemeanor."
STANDARDS:
Title
32. Motor Vehicles. Chapter
32-20. Motorcycle
Regulation. Section 32-20-4
Protective helmet required
for minor -- Violation a
misdemeanor. :
".
. . of a type meeting
department of
transportation motor
vehicle safety standard
218 as in effect on
January 1, 1984."
COURT
DECISIONS:
We
have been unable to uncover
any court decision from a
court of record, either from
the South Dakota Appellate
or Supreme Courts, which
indicates that the question
of whether or not the
language of South Dakota's
helmet law is constitutional
has not been addressed in
the courts.
