STATUTE:
Title 14. Motor Vehicles. Use of the Highway by Vehicles. Section 14-249. Protective headgear for motorcyclists and passengers under eighteen years old."(a) On and after January 1, 1990, no person under eighteen years of age may operate a motorcycle, as defined in section 14-1, and no person under the age of eighteen may be a passenger on a motorcycle, unless such person is wearing protective headgear of a type which conforms to the minimum specifications established by regulations adopted under subsection (b) of this section. (See "Standards" below.)
(c) . . . Any operator or passenger of a motorcycle or motor-driven cycle who is under eighteen years of age shall at all times, while operating or riding on such motorcycle or motor-driven cycle, wear a protective helmet on his head in an appropriate manner safely secured."
FINE:
Title 14. Motor Vehicles. Use of the Highway by Vehicles. Section 14-249. Protective headgear for motorcyclists and passengers . . .."(c) Any person subject to the provisions of subsection (a) of this section (see above) who fails to wear protective headgear which conforms to the minimum specifications established by such regulations shall have committed an infraction and shall be fined not less than ninety dollars."
STANDARDS:
Title 14. Motor Vehicles. Use of the Highway by Vehicles. Section 14-249. Protective headgear for motorcyclists and passengers under eighteen years old."(b) The commissioner of motor vehicles shall adopt regulations in accordance with the provisions of chapter 54 and the provisions of the Code of Federal Regulations Title 49, Section 571.218, as amended, establishing specifications for protective headgear for use by operators and passengers of motorcycles."
COURT DECISIONS:
We have been unable to uncover any court decision from a court of record, either from the Connecticut Appellate or Supreme Courts, which indicates that the question of whether or not Connecticut's helmet law is constitutional has not been addressed in the courts.
COMMENTARY:
We realize that most motorcyclists in Connecticut 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 Connecticut 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 Connecticut 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 Connecticut Legislature had adopted anything other than Federal Motor Vehicle Standard (FMVSS) 218, the Connecticut helmet law could be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten , 568 F.Supp. 714 (1983))
However, since the Connecticut Legislature has adopted FMVSS 218, the Connecticut 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 someone will write to the head of the Connecticut Commissioner of Motor Vehicles and ask how to comply with the helmet law, "with certainty," they can take that answer (or, more likely, refusal to answer) to the courts and Connecticut can be 100% FREE of its helmet law!
