STATUTE:

Title 32. Motor Vehicles and Traffic; Chapter 5A; Rules of the Road; Article 11. Motorcycles; Section 245. Headgear ... required for motorcycle riders ...":

"No person shall operate or ride upon a motorcycle or motor-driven cycle unless he is wearing protective headgear which complies with standards established by section 32-12-41."

FINE:

We're told (by Stan), on July 12, 1998, that as of today, his understanding is that the fine in Alabama for violating the helmet law is $90. Thanks.

STANDARDS:

Title 32. Motor Vehicles and Traffic; Chapter 12. Motorcycles and Motor-driven Cycles; Article 3. Helmets; Section 41 Specifications:

"The protective helmet shall meet the following specifications:

"(1) Design. -- One which is specifically designed for motorcycle riders and motorcycle passenger use.
"(2) Exterior shell. -- A hard exterior shell of nonshatterable material, resistant to impact and penetration.
"(3) Cradle. -- A firmly secured shock absorbent cradle for the head designed to support the helmet and maintain separation between the head and outer shell. Materials used in this portion of protective helmet shall be of durable quality and with characteristics that will not undergo appreciable alteration under the influence of aging or of the circumstances of use to which the helmet is normally subjected. Materials commonly known to cause skin irritation or disease shall not be used for these parts of the assembly which come in contact with the skin.
"(4) Padding. -- Impact-resistant, absorbent padding or cushioning material of substantial thickness in all areas where the head is in close proximity with or may contact the outer shell.
"(5) Chin strap. -- A permanently attached adjustable chin strap that will hold the helmet securely in place. A rider must at all times, while a motorized vehicle is in motion, have a chin strap firmly in place on or under the chin.
"(6) Visor. -- Not required, but, if the helmet is so equipped, the visor must be flexible or of a snap on type; however, no external projections shall be more than one-quarter inch above surface of the exterior shell."

Title 32. Motor Vehicles and Traffic; Chapter 12. Motorcycles and Motor-driven Cycles; Article 5A. Rules of the Road; Article 11. Motorcycles; Section 245 . . . approval of headgear . . . (d)

"The director of public safety is hereby authorized to approve or disapprove protective headgear, and to issue and enforce regulations establishing standards and specifications for the approval thereof. The director of public safety shall publish lists of all protective headgear which have been approved by him."

COURT DECISIONS:

There is only one case on record where the Alabama helmet law was ever challenged in a court of record. This was in 1971, and it appears that the Defendant/Appellant lost because he failed to propertly do his paperwork. The case was Skelton v. Tuscaloosa, 243 SO.2D 388, 46 ALA.APP. 404. Too bad too, because one well constructed court case (especially one based on a citation for wearing an "unapproved" helmet, or some such thing) and the Alabama helmet law would drop like a rock!

COMMENTARY:

From our beginning in 1993, it has been the position of the Helmet Law Defense League that all helmet laws are unconstitutional , in the absence of clear guidelines on how to comply with the statute -- like with a list of "approved helmets."

This state is almost too easy! The statute states: "The director of public safety is hereby authorized to approve or disapprove protective headgear, and to issue and enforce regulations establishing standards and specifications for the approval thereof. The director of public safety shall publish lists of all protective headgear which have been approved by him." The last sentence, alone, wipes out the Alabama helmet law. The law is contingent on a "list" adopted by the director. In the absence of a "list" of helmets "approved by him", the director, there is no foundation for a helmet law in Alabama! The State of Alabama has no such list, nor will they be making one! If they try, you get back to us and we'll show you what to do with that list . . . and I don't mean "comply" with it.

For many of the same reasons, although the Alabama Legislature may believe that they can authorize the "director of public safety" to set standards for helmets, the director is confined, by law, to adopting only those standards established by the National Highway Traffic Safety Administration (which does not include making a list).

If the director has exceeded his authority and adopted anything other than Federal Motor Vehicle Standard (FMVSS) 218 -- the Federal standard for motorcycle helmets -- the Alabama helmet law can be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten, 568 F.Supp. 714 (1983))

If the director has adopted FMVSS 218, which the law insists that he ultimately must, the Alabama helmet law is thereby unconstitutionally vague and can be challenged on that basis, and removed. (see Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994))

We believe that if you will write to the "director of public safety" for Alabama and ask for the list -- tell them you are attempting to determine how to comply with the helmet law, "with certainty" -- someone can take whatever answer (or, more likely, a refusal to answer) to the courts, and Alabama bikers can be 100% FREE of the helmet law!

Questions or Comments

The foregoing is provided as educational information only, not legal advice. Since we are not attorneys, therefore they insist that we are not allowed to give you legal advice. If you need MORE "information only", get in touch and we will be happy to provide it (court cases, etc.). There are a handful of lawyers out there who can handle these cases. If we find one, we will tell you who they are. But generally we will not give the most obscene, and most frequently given, legal advice -- "go talk to an attorney." Some things we just won't do.

These folks have been real good to us! If you can send any business their way, please do.