STATUTE:

Title 31. Motor Vehicles. Chapter 5. Regulation of Traffic on Highways. Article 1. In General. Section 31-5-115. Operation of Motorcycles and Pedestrian Vehicles:

". . . (o) No minor shall operate or ride nor shall the operator permit a minor to ride upon a motorcycle unless he is wearing protective headgear securely fastened on his head, and of a type which complies with standards established by the superintendent. This subsection does not apply to persons riding within an enclosed cab nor to persons operating or riding a moped. This subsection only applies to motorcycles used on public highways, streets and thoroughfares. . . ."

FINE:

If you have information about the amount of the fine for violating Wyoming's helmet law, please e-mail it to us. Thanks.

STANDARDS:

Title 31. Motor Vehicles. Chapter 5. Regulation of Traffic on Highways. Article 1. In General. Section 31-5-115. Operation of Motorcycles and Pedestrian Vehicles. :

". . . (r) The superintendent is authorized to approve or disapprove protective headgear required herein, and to issue and enforce regulations establishing standards and specifications for the approval thereof and to the sale and use of the equipment as provided in W.S. 31-5-932 through 31-5-934 for other vehicle safety equipment. The standard for protective headgear shall meet or exceed the Z90.1-1971 standard of the American National Standards Institute. . . ."

"However, all existing equipment meeting the Z90.1-1966 standard of the American National Standards Institute shall be accepted. . . ."

Title 31. Motor Vehicles. Chapter 5. Regulation of Traffic on Highways. Article 9. Equipment. Section 31-5-935. Standards for Safety Equipment. :

"(a) The superintendent shall adopt standards for lamps, reflectors, hydraulic brake fluids, seat belts, safety glass, emergency disablement warning devices, studded tires, motorcyclist helmets, eye protection devices and red rear bicycle reflectors.

"(b) The superintendent may adopt standards for safety equipment that comply with standards of the United States Department of Transportation.

"(c) Standards adopted by the superintendent may conform with standards issued or endorsed by any recognized organization or agency such as the United States Department of Transportation and other federal agencies, Vehicle Equipment Safety Commission, American National Standards Institute and Society of Automotive Engineers."

COURT DECISIONS:

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

COMMENTARY:

We realize that most motorcyclists in Wyoming do not feel impacted by the helmet law in any real way, at this time. There are two reasons, we believe, that it is important to maintain a constant vigilance regarding the Wyoming helmet law: 1) We believe that helmets are dangerous in many situations, in that in addition to all the commonly accepted problems -- vision and hearing impairment, heat retention, and others -- the weight and design of most of the traditionally accepted helmet styles make then a serious threat to the neck, particularly a young neck. And, 2) a modification of the statute to include adults is much more of a threat when the statute is already on the books, and there are no complaints about it. We think it is very very important that motorcyclists complain, early and often. The price of freedom is, after all, eternal vigilance.

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, for instance, 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.

The Wyoming Legislature is as a matter of law confined to adopting only those standards for helmets set by the National Highway Traffic Safety Administration. If the Wyoming Legislature has caused any other standard to be adopted, anything other than Federal Motor Vehicle Standard (FMVSS) 218, the Wyoming helmet law can be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten , 568 F.Supp. 714 (1983))

If the Wyoming Legislature has adopted FMVSS 218, the Wyoming helmet law is thereby unconstitutionally vague. (see Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994))

We believe that if you will write to the "superintendent" (whoever that is) and ask how to comply with the helmet law, "with certainty," you can take their answer (or, more likely, refusal to answer) to the courts and Wyoming will be 100% FREE of the helmet law!

Questions or Comments