The National Highway Traffic Safety Administration (NHTSA) is one of the worst agencies ever conceived by the Federal government. Like most things born of good intentions, they have become the stuff from which to pave the road to Hell.

      Shortly after the helmet law became effective in California, the CHP started sniveling about the "appearance" of the helmets worn by some California bikers. As we have got the story at the time, a Sergeant (now Lieutenant) Nivens from the CHP got together with NHTSA and came up with a plan . . . a plan that would eventually lead to not only a viable attack on the helmet law in California, but which would open the door to taking out all helmet laws across the Nation. Neither the CHP nor NHTSA realized it at the time, bu at the same time they were shooting themselves in the foot they inadvertently gut-shot mandatory helmet laws.

      The Helmet Law Defense League was literally created from the fiasco that came following the sudden "ban" by the CHP (and from them, various police agencies all across the US) of a style of helmet which ultimately became known as the "novelty" helmet -- all based on the weasel-work, double-speak of NHTSA. I digress . . .

      Earlier this year, the Helmet Law Defense League uploaded a new web site -- a 50-State Helmet Law Review -- on which we provide the language of the helmet law statute in every state that has a helmet law, and a strategy for attacking every one of them in the courts. This review is based on the "No List? No Law!" perspective of the vagueness inherent in all helmet laws . . . no clear answer to the question: "What's a 'safety helmet'?"

      One of our readers, Dave Maxwell from New Jersey, sent the following inquiry by e-mail:

To: quig@usff.com
From: oneabate@sprynet.com
Subject: Helmet list

My name is Dave Maxwell and I am the Legislative Director for United A.B.A.T.E. of New Jersey. I read your page concerning New Jersey and relayed it to one of my committee members for review. He said that the DOT has recently adopted a list of approved helmets. Can you confirm this? And, if true, what steps are available to us now?

Please respond as soon as you can. Thank you.

 Dave Maxwell

I wrote back:

To:oneabate@sprynet.com
From:quig@usff.com (quig)
Subject:Re: Helmet list

Dave,

There is absolutely NO WAY that NHTSA has adopted, or ever will adopt, a list of approved helmets!!! Of this I can assure you.

The Federal Motor Vehicle Safety Act expressly forbids NHTSA (and consequently anyone) from adopting a list of approved helmets . . . it's a liability thing. If the government were to adopt a list of approved helmets, and you were injured as a result of a defect of a helmet appearing on that list, the government would be liable for damages . . . and they simply CANNOT assume the liability. It has to be structured such that only the manufacturers are liable for damages from the product through "self-certification", which is why there are so few (if any) manufacturers still in the United States.

As a matter of fact, NHTSA is available on the internet, by e-mail. An e-mail sent from their web site asking for a "list of helmets approved by NHTSA", and their response, should remove any lingering doubts you may have. The whole thing is a house of cards built of smoke and mirrors.

Then you can go tell your committee member that he is wrong.

quig

I copied NHTSA adding the following:

To:(name withheld)@nhtsa.dot.gov
From:quig@usff.com (quig)
Subject:Re: Helmet list

Mr. (name withheld),

I sent the following response (above) to an inquiry concerning the "list of approved helmets" everyone is seeking. Am I wrong about NHTSA's inability to make such a list? Do you have such a list? Does it include ALL helmets that are "approved" by NHTSA? [I know that list, and it's a very sort one, isn't it?]

Richard Quigley, Sr. Deputy Director
Helmet Law Defense League

      Well, I guess NHTSA has stamps and they're going to use them. They sent the following response by "snail-mail":

AMAZING DOUBLE-SPEAK!

Point #1: Womack says that I am wrong about why they don't have a list of approved helmets. I contend it's because of liability, but Womack stated that it wasn't because of liability, it is because NHTSA doesn't have the "statutory authority to 'approve' motorcycle helmets". Well, surprise, Mr. Womack. The reason you don't have the statutory authority is because of the liability it would entail. I should stand corrected?

Point #2: Womack states that to "identify helmets that have passed the agency's compliance tests" is "not the same as 'approving' those helmets." My, my. For those of us who have figured all this out, this distinction is laughable. For those who don't have a full grasp on the significance of the statement, it should move them one deliberation closer to a fuller understanding.

      Bottom line: NHTSA does not, and will not, EVER have a "list of approved helmets"; and we now know that without such a list, there will never be a helmet law statute that can withstand a properly brought constitutional challenge for vagueness, in a legitimate court.

      Armed with that knowledge . . . what's next? Another attempt at a modification bill?

quig