STATUTE:

Title 9. Motor Vehicles. Article 19. Motor Vehicle Equipment. Chapter 7. Motorcycle Equipment. 9-19-7-1 Minors; protective headgear and face shields. Section 1. :

"An Individual less than eighteen (18) years of age who is operating or riding on a motorcycle shall do the following:

"(1) Wear protective headgear meeting the minimum standards set by the bureau.
"(2) Wear protective glasses, goggles, or transparent face shields."

FINE:

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

STANDARDS:

The statute defines "protective headgear" as a helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 as in effect January 1, 1979. . . ."

NOTE: This one's already been asked and answered. The Indiana statute requires "a helmet that meets the standards established by the United States Department of Transportation (DOT) under 49 CFR 571.218 (FMVSS 218) as in effect January 1, 1979"!! A cursory reading of Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994)) will show how the current federal standard renders a helmet law unconstitutional. Think about how far out a twenty-year-old standard is going to be. Adopting the federal standard, 49CFR 571.218 renders the Indiana helmet law unconstitutional . . . but somebody's gotta take 'um to court.

COURT DECISIONS:

We have not found any published cases from any of the Indiana courts of record regarding challenges of the state's helmet law on constitutional grounds, or any other.

COMMENTARY:

We realize that most motorcyclists in Indiana 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 Indiana 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 Indiana Legislature has adopted 49 CFR 571.218 (FMVSS 218) as their standard for helmets, thereby the Indiana helmet law is rendered 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 Indiana Department of Motor Vehicles, or the Highway Patrol or State Police, 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 Indiana can be 100 FREE of its helmet law!

Questions or Comments