STATUTE:

There is no helmet law statute in Illinois.

FINE:

There is no fine.

STANDARDS:

In that Illinois does not have a helmet law, the only standards for helmets are the standards imposed on manufacturers and distributors of helmets -- Federal Motor Vehicle Safety Standard 218 -- which is as it should be.

COURT DECISIONS:

"This paragraph which prohibits riding as a passenger on a motorcycle without glasses, goggles, or transparent shield is not patently unconstitutional." People v. Henninger , App. 4 Dist.1975, 28 Ill.App.3d 557, 328 N.E.2d 580.

"Classification of motorcyclists separately from operation of other motor vehicles by former Section 189c of former chapter 95 1/2 (now this section) requiring operator and passengers of motorcycle to wear protective headgear was reasonable and did not violate equal protection clause of U.S.C.A.Const. Amend. 14." People v. Fries , 1969, 42 Ill.2d 446, 250 N.E.2d 149.

"Paragraph (a) (now deleted) of former Section 189c of former chapter 95 1/2 (now this section) requiring operators of motorcycles and every passenger thereon to wear protective headgear had as its purpose the safeguarding of the person wearing the headgear and involves essentially matter of personal safety and was beyond police power of legislature and is violative of U.S.C.A.Const. Amend. 14." People v. Fries , 1969, 42 Ill.2d 446, 250 N.E.2d 149.

"Legislation intended to protect persons in other vehicles from danger created by motorcycle out of control was within police power of the state." People v. Fries , 1969, 42 Ill.2d 446, 250 N.E.2d 149.

COMMENTARY:

Apparently what happened was that in 1968, Illinois put in a helmet law like all the other states (except California), but when the statute was challenged in court, the Illinois Supreme Court ruled the law an abuse of the police power, and therefore void because it was unconstitutional.

However, in 1986, in the matter of People v. Kohrig , 113 Ill.2D 384, 498 N.E.2D 1158, 101 Ill.Dec. 650, the Fries decision was seemingly set aside by a different group of judges over a seat belt case decision. Illinois motorcyclists may want to keep close track of their Legislature to make sure that they don't slip in another helmet law for Illinois.

Questions or Comments