"Motorcycle
helmet law is entitled to
presumption of
constitutionality." Benning
v. State (1994) 161 Vt.
472, 641 A.2d 757.
"There
is no heightened concern for
personal liberty embedded in
the Vermont Constitution
that would render motorcycle
helmet law
unconstitutional." Benning
v. State (1994) 161 Vt.
472, 641 A.2d 757.
"Link
between safety for highway
users and motorcycle helmet
law is rational, since it
minimizes the extent of
injuries for which
government or individuals
are financially
responsible." Benning
v. State (1994) 161 Vt.
472, 641 A.2d 757.
"Motorcycle
helmet law is not void for
vagueness, since statute
clearly proscribes failure
to wear a helmet and
"approved helmet"
standards were sufficiently
defined or
ascertainable." Benning
v. State (1994) 161 Vt.
472, 641 A.2d 757.
"In
equal protection challenge
to motorcycle helmet law,
there is rational basis
between motorcyclists and
automobile drivers, whose
vehicles afford them
substantially more
protection than does a
motorcycle; there is also
rational basis for
distinction between
motorcyclists and moped
riders, since the latter
travel at a lower rate of
speed and are forbidden from
riding on state
highways." Benning
v. State (1994) 161 Vt.
472, 641 A.2d 757.
"It
lies within power of the
legislature to adopt
reasonable measures for the
promotion of safety upon the
public highways in the
interests of motorists and
motorcyclists and others who
may use them." State
v. Solomon (1969) 128
Vt. 197, 260 A.2d 377.
"This
section, applies to all
motorcyclists equally, is
directly related to highway
safety, bears a real and
substantial relation to the
promotion of the welfare and
safety of the general public
as distinguished from the
welfare solely of the
individual motorcycle
riders, did not deprive
operator convicted of
failure to wear protective
headgear of his liberty, or
restrain his person or
actions, is a reasonable
requirement, to be observed
so that the public safety
will not be jeopardized, and
as legislation intended to
protect persons in other
vehicles from exposure to
danger created by a
motorcycle out of control,
is clearly within the
state's police power and in
no way violates the state or
federal constitution." State
v. Solomon (1969) 128
Vt. 197, 260 A.2d 377.
