STATUTE:

Title 49. Motor Vehicles. Chapter 6. Rules of the Road. Section 49-666 : (666?)

"No person under eighteen (18) years of age shall ride upon a motorcycle as operator or passenger, upon any highway, unless at all times when so operating or riding upon the vehicle he is wearing, as part of his motorcycle equipment, a protective safety helmet of a type and quality equal to or better than the standards established for helmets by the director."

FINE:

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

STANDARDS:

We are currently researching the Idaho regulations to determine exactly what standard they have adopted to define "protective safety helmet". Apparently the "director" approves Idaho's so-called safety equipment, so we will locate the "director" for Idaho and ask. When we get an answer, you will find it here.

COURT DECISIONS:

"This section created no unconstitutional imbalance between the personal liberty of the individual and the interests of society in general and did not deny the defendant equal protection of law or due process, nor was it an infringement of fundamental liberty, of his privacy and right to be let alone." State v. Albertson, 93 Idaho 640, 470 P.2d 300 (1970).

NOTE: This decision has to do with the limited question of the State's right to impose safety regulation on individuals under the police powers, and not on the subject of unconstitutional vagueness. In other words, the definition of "protective safety helmet" is vague; which means the Idaho statute requiring motorcyclists to wear a "protective safety helmet" is vague; which means the Idaho helmet law is unconstitutional . . . State v. Albertson notwithstanding.

COMMENTARY:

We realize that most motorcyclists in Idaho 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 Idaho 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 Idaho 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 Idaho Legislature has caused any other standard to be adopted, anything other than Federal Motor Vehicle Standard (FMVSS) 218, the Idaho helmet law can be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten , 568 F.Supp. 714 (1983))

If the Idaho Legislature has adopted FMVSS 218, the Idaho helmet law is thereby unconstitutionally vague. (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 Director of the Idaho Department of Motor Vehicles and ask how to comply with the helmet law, "with certainty," they can take the answer (or, more likely, refusal to answer) to the courts and Idaho can be 100% FREE of its helmet law!

HISTORY:

The Helmet Law Defense League is looking for a volunteer from Idaho who knows the history of the helmet law in Idaho (going back at least 15 years) to write that history down in an article form and get it to us so we can post it here.

CURRENT ACTIVITY:

UPDATE/ALERT: September 16, 1996

The Governor's Medicaid Reform Advisory Council has put out a Proposed Principles for Reform Draft. Principle no. 2 Section 2.11 reads:

"Propose amendment to state legislation to expand the existing helmet law, including mandating helmet use for all persons on motorcycles, off-road vehicles, and snowmobiles, and for children on bicycles."

There are three Senators and three Representatives on this council, along with Claims Bureau Chief from the State Insurance Fund, a County Commissioner, a Mayor, a Professor of Business from Idaho State University and many others.

There are public meetings all over the State of Idaho on these proposals. These start on September 18th and run til October 1st. People can get in touch with Board Members from ICMS for more information on where and when the meeting is that is closest to them. WE need to nip this one before it makes it to the Statehouse.

Maria Thompson, ICMS
ironhors@primenet.com

Questions or Comments