STATUTE:

Title 46.2. Motor Vehicles. Subtitle III. Operation. chapter 8. Regulation of Traffic. Article 13. Motorcycles and Mopeds and All-Terrain Vehicles. Section 46.2-910. Motorcyclist to wear helmets, etc.; certain sales prohibited; penalty. :

"A. Every person operating a motorcycle shall wear a face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets. . . .

"No motorcycle operator shall use any face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield unless of a type either (i) approved by the Superintendent prior to July 1, 1996, or (ii) that meets or exceeds the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation and is marked in accordance with such standards. . . ."

FINE:

Section 46.2-113. Violations of this title; penalties. :

"It shall be unlawful for any person to violate any of the provisions of this title, or any regulation adopted pursuant to this title, or local odinances adopted pursuant to the authority granted in Section 46.2-1300. Unless otherwise stated, these violations shall constitute traffic infractions punishable by a fine of not more than $200." (last amended 1992)

STANDARDS:

Title 46.2. Motor Vehicles. Subtitle III. Operation. chapter 8. Regulation of Traffic. Article 13. Motorcycles and Mopeds and All-Terrain Vehicles. Section 46.2-910. Motorcyclist to wear helmets, etc.; certain sales prohibited; penalty. :

"A. . . .The windshields, face shields, glasses or goggles, and protective helmets required by this section shall meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation."

COURT DECISIONS:

We have been unable to uncover any court decision from a court of record, either from the Virginia Appellate or Supreme Courts, which indicates that the question of whether or not Virginia's helmet law is constitutional has not been addressed in the courts.

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."

NO LIST? NO LAW! If a state, any state, cannot answer the question: "How can a motorcyclist comply, with certainty , with the provisions of the helmet law?" that state's statute(s) requiring the wearing of a "helmet," "safety helmet," or "protective headgear" is unconstitutionally vague.

Although the Virginia Legislature may believe that they can standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation, Virginia is confined, by law, to adopting only those standards established by the "or" of that group -- the federal Department of Transportation through the National Highway Traffic Safety Administration.

Virginia exceeded it authority by adopting standards other than Federal Motor Vehicle Standard (FMVSS) 218 -- including standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc. -- so the Virginia helmet law can be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten, 568 F.Supp. 714 (1983))

Moreover, Virginia did not relieve their problem by adopting FMVSS 218, because FMVSS 218 renders the statute unconstitutionally vague which means Virginia's helmet law 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 Department of Transportation for Virginia and ask 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 Virginia bikers will be 100% FREE of the helmet law!

Questions or Comments